Laws for Senior Citizens [Legal framework for protection of Senior Citizens]

Laws for Senior Citizens - Legal framework for protection of Senior Citizens - Maintenance and Welfare of Parents and Senior Citizens Act, 2007

Maintenance and Welfare of Parents and Senior Citizens Act, 2007

This 2007 legislation makes it a legal obligation for children and heirs to provide maintenance to senior citizens and parents. It provides simple, speedy and inexpensive mechanism for the protection of life and property of the older persons. This Act also provides for setting up of old age homes for providing maintenance to the indigent older persons.

WHO IS A PARENT: Parent means father or mother whether biological, adoptive or step-father or step -mother, whether or not father or mother is a senior citizen.

WHO IS A SENIOR CITIZEN: Any citizen of India who is aged 60 years and above.

WHO ARE THE CHILDREN : Children means and includes son, daughter, grandson, granddaughter but does not include a minor.

WHO ARE RELATIVES : Relative is any legal heir of childless senior citizen who is not a minor and is in possession of or would inherit the property of the senior citizen after his death.

A tribunal is constituted as per the Act to provide enforce the remedy of maintenance and other reliefs from their children / relatives or any other person liable to pay maintenance. Kolar Tribunal is housed in Assistant Commissioner’s office.

Interim maintenance can also be awarded.

WHO CAN APPLY:
1. Any parent(s) or senior citizen

2. Authorised registered organisation on behalf of parent(s) or senior citizen.

3. The tribunal can also suomotu take cognizance.

Notice to be served to children / relatives and application for maintenance to be resolved within 90 days of notice. If such children/relative fail to comply the orders of the Tribunal, fine Lavy WARRANT can be issued for the due amount. If the respondent voilets the order, can be imprisoned for one month or until payment is made, whichever is earlier.

The application can be filed before the Tribunal in the district, where the applicant resides or last resided or where children or relative resides. Normally proceedings shall be in the presence of children/ relative against whom relief is sought and if need be ex-parte decision can be made. Representation by lawyers is prohibited.

Maintenance includes provision for food, clothing, residence, medical attendance and treatment. The Tribunal can also order children/relative to pay monthly allowance as maintenance; maximum amount being Rs. 10,000/- per month.

If not satisfied, the senior citizen/parent can file appeal before Appellate tribunal.

Protection of life and property of Senior citizen
This act also protects the senior citizen who has transferred either moveable or immovable property, as gift or otherwise, with the condition that basic amenities and physical needs of Senior Citizens are taken care of. In case this condition is not met, such transfer of property shall be deemed to have been made by fraud, coercion or undue influence and the Tribunal can declare such transfer as void and the senior citizen can reclaim his property. The concerned police personnel will ensure priority in dealing with these types of cases.

Abandoning a senior citizen in any place by a person who is having the care or protection of such senior citizen is a criminal offence and such person shall be punishable with imprisonment for a term which may extend to three months or fine which may extend to five thousand rupees or both. Offence is made cognizance and police can directly investigate the matter on complaint.

The Maintenance & Welfare of Parents & Senior Citizens (Amendment) Bill, 2019 is on the agenda of the Union Government. This Bill for the maintenance of senior citizens and parents was first approved by the Union Cabinet in December 2019 but is yet to be cleared by the Parliament.

The Bill provides for the maintenance and welfare of parents and senior citizens to ensure their basic needs, safety and security.

The Maintenance & Welfare of Parents & Senior Citizens (Amendment) Bill, 2019 introduces several changes to The Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Here are few key points:

The amendment bill widens the definition of children. Under the Act, the definition of children includes children and grandchildren, excluding minors. However, the Amendment Bill has added step-children, adoptive children, children-in-law, and the legal guardian of minor children to the definition.

The definition of parents in the amendment bill not just includes biological, adoptive, and step-parents but parent-in-laws and grandparents also.

The definition of maintenance has also been expanded in the amendment bill to include the provision of healthcare, safety, and security for parents to lead a life of dignity.

One of the most important changes that the amendment bill seeks to introduce is the removal of the cap of Rs 10,000 as maintenance charge.