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An estimated 2-minute read

The Indian Legislative scenario for Senior citizens

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Analyzing the situation and legal protection given to the senior citizens in India, India being the Most LAWFUL country has got constitutional as well as Legislative protection (which no one knows)

The Basic protection given to a senior citizen, Now for India a senior citizen is a person more than the age of 60 years, are by the means of various concessions and facilities to its senior citizens. There are various schemes to give National Awards to senior citizens and National awards to senior citizens who have worked for prevention of alcohol and prevention of Drug abuse etc etc.


Every senior citizen gets a concession of 30% in travelling vide public transport. We also have regulations and concessions in INCOME TAX for senior citizens. So speaking holistically government has taken care on paper but all the huge grants given by the government, we all know where they go !!


Now analyzing the legislation for senior citizens, The Maintenance and Welfare of Parents and Senior Citizens Act 2007, is aimed at serving the elderly live in self-respect and peace. The Act to be session includes provisions to guard India's senior citizens besides specifically prescribing the State’s role in taking care of them. The Bill also places a legal responsibility on children and relatives to maintain the senior citizen or parent in order to facilitate seniors with a normal life. This obligation applies to all Indian citizens, including those who live abroad. The offspring and relatives of seniors will be required to provide sufficient support for senior citizens, while the state governments will create old age homes in every district.

Now the Act provide for: 


®    Maintenance of Parents/Senior Citizens by children/relative made obligatory and justiciable through Tribunals. 

®    Revocation of transfer of property by senior citizens in case of negligence by relatives 

®    Penal provision for abandonment of senior citizens 

®    Establishments of Old Age homes for Indigent Senior Citizens in every district.

®    Adequate medical Facilities and protection of life and property of Senior Citizens. 


Now to start the discussion, the legislation mandates the state to take up matter in their hand and the Act is like a broad structure or the Skelton. Now for functioning of this Act the states need to make rules, So out of 28 (recently became 29) states in India only 23 have adopted this legislation here and out of that only 13 namely Chhattisgarh, Goa, Gujarat, Haryana, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Tamil Nadu, Tripura and West Bengal and 1 Union Territory namely NCT of Delhi have made rules there under. No action yet has been taken anywhere.


So where do we stand. We are unable to safeguard the rights of the people to whom we own our existence, The government is just sitting naive and passing legislation's one after other. Is this what is the need? Do we even have the mechanism to fulfill all the promises the governments are making through these legislation's?


Tagged in: accountability
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