Courtesy – Advocate Prashant Kanha
The Maintenance and Welfare of Parents and Senior Citizens Act 2007 provides efficient provisions for the maintenance and welfare of senior citizens. These rights are guaranteed and recognized under the Indian Constitution and are now further reaffirmed by this legislature. The first case under the act was filed in November 2011 by Siluvai (age 84) and his wife Arulammal (age 80) of Tuticorin against their son and daughter in law for neglect, besides taking away their two homes and gold jewellery.
The act casts obligations on children to maintain their parents/ grandparents and also the relatives of the senior citizens to maintain such senior citizens. The main attraction of this act is that there are provisions to protect life and liberty of such persons.
If the children/ relative fails to pay the due amount within a period of three months, a warrant may be issued by the tribunal for the imprisonment of the defaulter. Such imprisonment may extend to one month or until payment is made, whichever is earlier. For the abandonment of a senior citizen, their caregiver can be fined or imprisoned, or both. The fine may extend to Rs. 5000, and the imprisonment may extend to three months.
Since the implementation of the Act, many senior citizens have been given the proper care they deserve. Therefore, the law has helped reinforce the fundamental rights of children and senior citizens.
The Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Rules 2014 framed under the Maintenance and Welfare of Parents and Senior Citizens Act 2007 casts an obligation upon the district administration, especially the District Magistrate, to ensure that the life and property of senior citizens of the district are protected and they are able to live with security and dignity.
Note – Crossposted with necessary permissions.