Today we see a lot of aged people being neglected by their family. They are not treated even with basic human courtesy. I heard someone once say that "a mother does not find it difficult to care for even 10 children, but all those 10 children put together sometimes find it difficult to look after their one mother." Maybe it is true in today's scenario. Why should these senior citizens or silver citizens as they should rightly be called, treated so badly. Don't they have the right to be treated with respect after fighting all their lives to give their children everything that they had.
It's in their interest that the legislation called 'The Maintenance and Welfare of Parents and Senior Citizen Act, 2007' came to be passed. A lot of people are not aware of this law. Thus this blog.
This Act provides for the maintenance of parents and senior citizens. The main features of this Act are as follows:-
1. Parents, even below the age of 60 years, and grand parents who are unable to maintain themselves from their own income can demand maintenance from their children as defined in the Act and Childless Senior Citizens who are unable to maintain themselves from their own income can demand maintenance from their relatives who are in possession of or are likely to inherit their property.
2. Maintenance includes provision for food, clothing, residence, medical attendance and treatment. Maximum amount which may be ordered for maintenance of a senior citizen by the Tribunal shall be such as prescribed by the State Government which shall not exceed Rs. 10,000/- per month.
3. The application for maintenance may be made by the senior citizen or parent to the Maintenance Tribunal in layperson's language giving names, full details and addresses of the persons from whom they are demanding maintenance. If there is more than one child or relative, they may claim maintenance from one or all of them depending on their means of income.
4. If such applicants are not capable of making an application personally, any other person or registered voluntary organisation authorised by him/her can make the application; or the Tribunal can take suo motu cognizance and proceed.
5. On receiving the application, the Tribunal issues notices to the children, conducts hearings, takes evidence and orders maintenance. The Tribunal may also refer the case for reconciliation or pass interim orders for maintenance.
6. If the children or relatives, fail to pay the maintenance that is ordered, without sufficient reason for 3 months after its due date, the senior citizen can approach the Tribunal again who may impose a fine or order imprisonment of the child/relative upto a month or until payment is made whichever is earlier.
7. Under Section 24 of the Act, if anybody who has responsibility for the care or protection of a senior citizen leaves him/her in any place, with the intention of wholly abandoning him/her, such person shall be punishable under the Act with imprisonment of either three months or fine upto Rs. 5,000 or both.
8. Under Section 23 of the Act, if after commencement of the Act any Parents or senior citizens have transferred their property to their children or relatives on the condition that they would provide certain maintenance and amenities to the senior citizen but subsequently neglect or refuse to do so, the parents or senior citizens can get such transfers cancelled at their option by having such transfer treated as a fraudulent or coercive acquisition and seek return of their property so transferred.
9. Lawyers are excluded from the proceedings. Maintenance Officer can represent a parent or senior citizen if he/she wants.
10. Elderly can choose to seek maintenance either under this Act or under the provisions of the Criminal Procedure Code 1973 if applicable but not under both the provisions.
11. State Governments should set up at least one Old Age Home for every 150 beneficiaries in a district. These homes are to provide Senior Citizens with minimum facilities such as food, clothing and recreational activities.
12. All Government hospitals or those funded by the Government must provide beds for Senior Citizens as far as possible. Also, special queues to access medical facilities should be arranged for them.
Sources for further information and details about this Act.
Bare Act.
For understanding the Act in simple words.
Contact information for senior citizens of Karnataka.
Dept. for the Empowerment of Differently Abled and Senior Citizens.
Podium Block, Vishveswaraiah Tower,
Dr. Ambedkar Road, Bangalore-560 001
Telephone: 080-22860907, 22866046
Fax: 080-22866066
Email:dir-dwdsc-ka@nic.in
The National Portal of India has a Senior Citizen Corner which offers information of special help to older persons in the country.
This comment has been removed by the author.
ReplyDeleteI am a victim of this Act. My father deserted me and my mother in my childhood, never took and responsibility or spent a penny for us. My mother brought me up and when I am earning she is still staying with me. Now after so many years my father claims maintenance from me and the magistrate/SDO passed the order without hearing anythng. My question is wheather this Act is a retirement scheme also for the so called father like mine?? When he also have substantial income and just suppressed it infront of court. If I can look after my mother, I can look after my father also. But the facts are being suppressed and I am being harassed. Please help.
ReplyDeleteI had same experience is there any suggestions
DeleteThank you for sharing the useful Information. I'm looking forward to More Updates from you.
ReplyDeleteSenior Citizen Retirement Homes in Chennai
Luxury Senior Citizen Homes in Chennai
Retirement Homes in Chennai