Neglect, exploitation, abandonment of senior citizens and grabbing their properties are some of the social evils in the society which needs to be addressed and dealt with in a timely manner to allow elders to live in peace in the winter of their lives, which is their right.
In the prevailing scenario, it becomes particularly relevant to highlight the legislative support that is available to the elderly and the rights that they are entitled to claim.
The maintenance and Welfare of Parents and Senior Citizens Act has been enacted to provide financial security, welfare and protection to senior citizens. It also provides for setting up of administrative tribunals and appellate tribunals to ensure maintenance.
What is maintenance?
Maintenance includes food, clothing, residence, medical attendants and medical treatment.
What is welfare?
Welfare includes provision for food, health care, recreation centres and other essential amenities. Who can claim welfare and maintenance Any senior citizen, including parent, who is unable to maintain themselves from their own earning or property
owned by them shall be entitled to make an application for maintenance.
Who is liable to pay?
The obligation of children or relatives,as the case may be,to maintain a senior citizen/father /mother extends to the needs of such citizen so that senior citizen/father/mother may lead a normal life.
Any person being a relative of senior citizens and having sufficient means shall maintain such senior citizens provided they are in possession of the property of such senior citizens or they would inherit the property of such senior citizens.
How to claim maintenance?
Application can be filed in the maintenance tribunal in the current previous area of residence or the area where children or relatives reside. The maintenance tribunal is a special court set up under this law. The application must be disposed of within 90 days, with an extension of 30 days under extreme circumstances that need to be recorded in writing. If the tribunal finds that the children or relatives are neglecting to take care of the parents, they can pass an order directing them to pay monthly maintenance.
Transfer of property by gift or otherwise of senior citizens
Where any senior citizen who has transferred by way of gift or otherwise their property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor, and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of the transferor be declared void by the Tribunal.
What is the punishment for abandoning senior citizens? If senior citizens are left behind at some place with the intention of abandoning them and not taking care of them, the person abandoning them can be punished with jail time of up to three months and/or a fine of up to Rs 5,000.
(The writer is a Vile Parle-based social activist)
