Maintenance & Welfare of Parents & Senior Citizens Act.

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
M.V.Ruparelia.

The Government of India had announced a very comprehensive and farsighted National Policy on Older Persons, 1999 with a declaration in para 16 that:

16. The Policy visualizes that the State will extend support for financial security, health care, shelter, welfare and other needs of older persons, provide protection against abuse and exploitation , make available opportunities for development of the potential of older persons, seek their participation and provide services so that they can improve the quality of their lives. The Policy is based on some broad principles.

It was also declared in para 94 that:

94. Every three years, a detailed review will be prepared by nodal Ministry on the implementation of the National Policy. There will be non-official participation in the preparation of the document. The Review will be a Public Document. It will be discussed in a National Convention. State Governments and Union Territory Administrations will be urged to take similar action.

It is now after 8 years that Bill for Maintenance & Welfare of Parents is passed by Parliament and has become a Law in December, 07. Now, each State has to make rules to carry out the provisions of this Act including the action plan for providing protection of life & property of Senior Citizens and implement the provisions of the Act by arranging funds! Only 12 States have so far notified dates of implementation of this Act.

The policy laid down in para 24 for Welfare of elders read as under:

24. A great anxiety in old age relates to financial insecurity. When the issue is seen in the context of fact that one-third of the population (1993-94) is below the poverty line and about one-third are above it but belong to the lower income group, the financial situation of two-thirds of the population 60+ can be said to be fragile. Some level of income security in old age is a goal which will be given very high priority. Policy instruments to cover different income segments will be developed.

The provisions of the Act in respect of Maintenance Allowance pertain to all parents, irrespective of age, who are not able to maintain themselves from their own earnings or out of property owned by them. This appears to have been provided, keeping in view large number of younger destitute widows and unemployed/under employed persons below 60 in our country. Other provisions of welfare appear to be limited to Senior Citizens of 60 and above.

All provisions of the Act are very good and beneficial to a section of Senior Citizens, though the Act is not as comprehensive as NPOP, 99. The main provision is in respect of forcing the children to provide monthly Maintenance Allowance to all parents, who are not able to maintain themselves from their own earnings or out of their property. Each such person is entitled to make an Application for maintenance from his/her children/relatives to the Tribunal to be established by State Governments in each subdivision. Children include all adult sons, daughters, grand sons, and grand daughters but do not include any minor. Relatives include legal heirs of childless persons, who are in possession of or would inherit the property of persons on death. Maintenance includes food, clothing, residence and medical attendance & treatment. The Application can be made against any or all children by Senior Citizen (person) himself or by any registered Association, authorized by him or with the help of the State District Social Welfare Officer. Tribunal can take cognizance of such cases suomoto- i.e. without application. Tribunal shall give opportunity to Applicants and children/relatives to represent their cases. Neither party can represent through legal practitioner. Tribunal shall finalize all cases within 90 days of serving notice to other parties. If no one attends, Tribunal can pass orders ex-parte. Even during the pendancy of proceedings, Tribunal can pass orders to children/relatives to make payment of monthly allowance, as deemed fit. On finalizing the case, Tribunal can pass orders for Monthly Allowance from any date, not before the date of Application with simple interest from 5% to 18%, where necessary. Maximum Monthly Allowance shall be as decided by State but should not exceed rupees ten thousand. Cost of proceedings can also be awarded. If children/relatives delay payment, it should be brought to the notice of Tribunal within 3 months. Tribunal can fine them and even imprison them for a month or till payment is made, whichever is earlier.

The right of parents without any means to be supported by their children having sufficient means is provided in Section 125 of the Criminal Procedure Code and the Hindu Adoptions & Maintenance Act, 1956 also. Parents have an option to go to any one of the machinery and not more than one. On establishment of such a Tribunal, parent can withdraw from other courts and go to the Tribunal.

There will be an Appellate Tribunal also. Any Senior Citizen not satisfied with the orders of the Tribunal can appeal within 60 days from the date of order of the Tribunal. Delay in appeal can be condoned by Appellate Tribunal, which will decide all appeals within one month of receipt.

It would be observed from above provisions that Senior Citizens not able to maintain themselves can get Maintenance Allowance from their children/relatives through a simple Application expediously and to that extent, this Act, when implemented, will solve financial problems of large number of Senior Citizens having no or insufficient financial sources of their own for leading a normal life.

It is not very clear as to whether this Act will be helpful to those Senior Citizens, whose children, though maintaining their spouse & children but not having sufficient resources to spare for parents. If such children can not be forced by Tribunal, what will be the remedy for such Senior Citizens? Those under poverty line may be paid pension under the relevant scheme but how those not under poverty line but not having sufficient source to lead normal life in respect of food, clothing, residence and medical attendance & treatment will be treated by Tribunal? The Tribunal could have been authorized to fix Maintenance Allowance in each such case and after considering available resource determine the M.A., which, if can not be awarded from children, may be requested from earlier employer, if possible. If this is not possible, the State may be directed to give some relief. Provision also appears necessary for those below poverty line to be permitted to approach Tribunal for disputes/delay in payment of pension.
Many Senior Citizens would like to be with their children in their last phase of life. Some provision may be made to force children to keep their parents with them, where possible. Provision is already made in Clause 24 of the Bill that whoever, having the care or protection of Senior Citizen leaves such Senior Citizen in any place with intention of wholly abandoning him, shall be punishable with imprisonment for a term, which may extend to 3 months or fine which may extend to 5 thousand rupees or both. Any offence in this respect shall be summarily tried by a Magistrate. Such offence shall be cognizable & bailable. This is a good provision and will deter children throwing parents out! Similar provision for those staying alone but now desirous of staying with children may be made. For such children keeping parents with them, tax concessions should be provided as recommended in NPOP, 99. Provision should also be made to approach the Tribunal for abuse of parents and awarding sever punishment for proved abuse.

Now, let us see other Welfare provisions of the Bill. The Act lays down that each State may establish Old Age Homes to the extent necessary in a phased manner beginning with at least one such Home in each District to accommodate minimum 150 Senior Citizens, who do not have sufficient means to maintain themselves. All facilities necessary for medical care and entertainment of occupants may be provided by State Governments. No target or probable time limit is provided in the Bill for establishment of such Homes.

Next provision is in respect of medical care of Senior Citizens and States have been requested to ensure that

The Government Hospitals or Hospitals funded fully or partially by Government provide beds to Senior Citizens as far as possible.
Separate queues are arranged for Senior Citizens.
Facility for treatment of chronic elderly diseases and ageing is expanded.
There are earmarked facilities for geriatric patients in every district hospital duly headed by a medical officer with experience in geriatric care.
It would be observed that no mention is made about providing any facility without any charge to those, who can not maintain themselves or at concessional rate to other Senior Citizens.

Next provision is for Protection of Life and property of Senior Citizens. The provisions for this aspect laid down in para 65 of NPOP, 99 are as follows:

65. Old Persons have become soft targets for criminal elements. They also become victims of fraudulent dealings and of physical and emotional abuse within the household by family members to force them to part with their ownership rights. Widows` rights of inheritance, occupancy and disposal are at times violated by their own children and relatives. It is important that protection is available to older persons. The introduction of special provisions in IPC to protect older persons from domestic violence will be considered and machinery provided to attend all such cases promptly. Tenancy legislation will be reviewed so that the rights of occupancy of older persons are restored speedily.

The Act provides that the State Government shall prescribe a comprehensive action plan for providing protection of life and property of Senior Citizens. It further provides that if after the commencement of this Act, if any Senior Citizen has transferred his property to anyone with specific condition that transferee shall provide him basic amenities and physical needs and now refuses to provide the same, the transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of Senior Citizen be declared void by the Tribunal. Similar provision is made, where Senior Citizen receives maintenance out of an estate.

State Governments are expected to give wide publicity to the provisions of this Act through public media at regular intervals. It is also laid down to give periodical sensitization and awareness training on issues pertaining to Senior Citizens to all officers of Central and State Governments including police & judicial service. There should be proper coordination by concerned Ministries dealing with law, home affairs, health and welfare.

No Civil Courts shall have jurisdiction in respect of any matter to which provisions of this Act applies and no injunction shall be granted by them in respect of any thing done or intended to be done by or under this Act.