Elder Law in India

It is not the years in your life, but the

life in your years that counts

Why we choose Elder law?

The rights of older persons are the entitlements and independence claimed for senior citizens (i.e. above
60 years of age). Elderly rights are one of the fundamental rights of India. The International Day of older
persons is celebrated annually on October 1.

The 2001 census of India demonstrated that aged people in India have crossed over 100 million. Many
older people in India are not alert about the human rights of older persons, due to high occurrence of
illiteracy and lack of alertness. Elder illiteracy directly contributes to a lack of knowledge regarding the
human rights for older people in India, and contributes to the infringement of those rights.

Surveys have found that one out of every six older persons living in urban areas in India aren't obtaining
proper nutrition, one out of every three older persons does not obtain sufficient health care or medicine,
and one out of every two older persons don't receive due respect or good conduct from family members or
people in general.

List of few major difficulties elder face:-

1) Failing Health
It has been said that we start dying the day we are born. The aging process is synonymous with failing
health. While death in young people in countries such as India is mainly due to infectious diseases, older
people are mostly vulnerable to non-communicable diseases. Failing health due to advancing age is
complicated by non-availability to good quality, age-sensitive, health care for a large proportion of older
persons in the country.

To address the issue of failing health, it is of prime importance that good quality health care be made
available and accessible to the elderly in an age-sensitive manner. Health services should address
preventive measures keeping in mind the diseases that affect or are likely to affect the communities in
a particular geographical region.

2) Economic Insecurity

The problem of economic insecurity is faced by the elderly when they are unable to sustain themselves
financially. Many older persons either lack the opportunity and/or the capacity to be as productive as they
were. Increasing competition from younger people, individual, family and societal mindsets. chronic
malnutrition and slowing physical and mental faculties, limited access to resources and lack of awareness
of their rights and entitlements play significant roles in reducing the ability of the elderly to remain
financially productive, and thereby, independent.

Economic security is as relevant for the elderly as it is for those of any other age group. Those who are
unable to generate an adequate income should be facilitated to do so. As far as possible, elderly who are
capable, should be encouraged, and if necessary, supported to be engaged in some economically
productive manner.

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3) Isolation

Isolation, or a deep sense of loneliness, is a common complaint of many elderly is the feeling of being
isolated. While there are a few who impose it on themselves, isolation is most often imposed purposefully
or inadvertently by the families and/or communities where the elderly live. Isolation is a terrible feeling
that, if not addressed, leads to tragic deterioration of the quality of life.

It is important that the elderly feel included in the goings-on around them, both in the family as well as in
society. Those involved in elder care, especially NGOs in the field, can play a significant role in
facilitating this through counselling of the individual, of families, sensitization of community leaders and
group awareness or group counselling sessions. Activities cantered on older persons that involve their
time and skills help to inculcate a feeling of inclusion. Some of these could also be directly useful for the
families and the communities.

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4) Neglect

The elderly, especially those who are weak and/or dependent, require physical, mental and emotional care
and support. When this is not provided, they suffer from neglect, a problem that occurs when a person is
left uncared for and that is often linked with isolation. Changing lifestyles and values, demanding jobs,
distractions such as television, a shift to nuclear family structures and redefined priorities have led to
increased neglect of the elderly by families and communities. This is worsened as the elderly are less
likely to demand attention than those of other age groups.

The best way to address neglect of the elderly is to counsel families, sensitise community leaders and
address the issue at all levels in different forums, including the print and audio-visual media.

5) Abuse

The elderly are highly vulnerable to abuse, where a person is willfully or inadvertently harmed, usually by
someone who is part of the family or otherwise close to the victim. It is very important that steps be taken,
whenever and wherever possible, to protect people from abuse. Being relatively weak, elderly are
vulnerable to physical abuse. Their resources, including finances ones are also often misused. In addition,
the elderly may suffer from emotional and mental abuse for various reasons and in different ways.

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6) Fear

Many older persons live in fear. Whether rational or irrational, this is a relevant problem face by the
elderly that needs to be carefully and effectively addressed.

Elderly who suffer from fear need to be reassured. Those for whom the fear is considered to be irrational
need to be counseled and, if necessary, may be treated as per their needs. In the case of those with real or
rational fear, the cause and its preventive measures needs to be identified followed by appropriate action
where and when possible.

7) Boredom (Idleness)

Boredom is a result of being poorly motivated to be useful or productive and occurs when a person is
unwilling or unable to do something meaningful with his/her time. The problem occurs due to forced
inactivity, withdrawal from responsibilities and lack of personal goals. A person who is not usefully

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occupied tends to physically and mentally decline and this in turn has a negative emotional impact. Most
people who have reached the age of 60 years or more have previously led productive lives and would
have gained several skills during their lifetime. Identifying these skills would be a relatively easy task.

8) Lowered Self-esteem

Lowered self-esteem among older persons has a complex etiology that includes isolation, neglect, reduced
responsibilities and decrease in value or worth by one-self, family and/or the society.

To restore self-confidence, one needs to identify and address the cause and remove it. While isolation and
neglect have been discussed above, self-worth and value can be improved by encouraging the elderly to
take part in family and community activities, learning to use their skills, developing new ones or
otherwise keeping themselves productively occupied. In serious situations, individuals and their families
may require counselling and/or treatment.

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9) Loss of Control

This problem of older persons has many facets. While self-realization and the reality of the situation is
acceptable to some, there are others for whom life becomes insecure when they begin to lose control of
their resources physical strength, body systems, finances (income), social or designated status and
decision making powers.

Early intervention, through education and awareness generation, is needed to prevent a negative feeling to
inevitable loss of control. It is also important for society and individuals to learn to respect people for
what they are instead of who they are and how much they are worth.

10) Lack of Preparedness for Old Age

A large number of people enter old age with little, or no, awareness of what this entails. While
demographically, we acknowledge that a person is considered to be old when (s)he attains the age of 60
years, there is no such clear indicator available to the individual. For each person, there is a turning point
after which (s)he feels physiologically or functionally old. This event could take place at any age before
or after the age of 60. Unfortunately, in India, there is almost no formal awareness program even at
higher level institutions or organizations for people to prepare for old age. For the vast majority of
people, old age sets in quietly, but suddenly, and few are prepared to deal with its issues. Most people
living busy lives during the young and middle age periods may prefer to turn away from, and not
consider, the possible realities of their own impending old age.

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Literature Review

1) Constitutional Provisions

In Constitution of India, entry 24 in list III of schedule VII deals with the Welfare of Labour, including
conditions of work, provident funds, liability for workmens compensation, invalidity and Old age
pension and maternity benefits. Further, Item No. 9 of the State List and item 20, 23 and 24 of
Concurrent List relates to old age pension, social security and social insurance, and economic and social
planning.

Article 41 of Directive Principles of State Policy has particular relevance to Old Age Social Security.
According to this Article, the State shall, within the limits of its economic capacity and development,
make effective provision for securing the right to work, to education and to public assistance in case of
undeserved want.

2) Legal Provisions

The right of parents, without any means, to be supported by their children having sufficient means has
been recognised by section 125 (1) (d) of the Code of Criminal Procedure 1973, and Section 20(1&3) of
the Hindu Adoption and Maintenance Act, 1956.

3) The Code of Criminal Procedure (Cr.P.C):

The Cr.P.C 1973 is a secular law and governs persons belonging to all religions and communities.
Daughters, including married daughters, also have a duty to maintain their parents. The provision for
maintenance of parents under the code was introduced for the first time in Section 125(1) of the Code of
Criminal Procedure in 1973. As per the code if any person having sufficient means neglects or refuses to
maintain his father or mother, unable to maintain himself or herself, a Magistrate of the first class may,
upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance
of his father or mother, at a monthly rate as the magistrate thinks fit, and to pay the same to such person as
the Magistrate may from time to time direct.

4) Government Policies and Schemes for Older Persons

Over the years, the government has launched various schemes and policies for older persons. These
schemes and policies are meant to promote the health, well-being and independence of senior citizens
around the country. Some of these programmes have been enumerated below:

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a. National Policy for Older Persons

The central government came out with the National Policy for Older Persons in 1999 to promote the
health, safety, social security and well being of senior citizens in India. The Policy recognizes a person
aged 60 years and above as a senior citizen. This policy strives to encourage families to take care of their
older family members. It also enables and supports voluntary and non-governmental organizations to
supplement the care provided by the family and provide care and protection to vulnerable elderly people.

b. National Council for Older Persons:

A National Council for Older Persons (NCOP) has been constituted by the Ministry of Social Justice and
Empowerment to operationalize the National Policy on Older Persons.

Work Done Till date

Initiative taken and progress in 2015-16

Programme initiated in 30 districts of 21 identified States. 32.61 crore has been released to 19 States
(covering 27 districts). Fund sanctioned for 3 districts of Jharkhand (Bokaro) and Uttar Pradesh (Rae
Bareli and Sultanpur) could not be released due to non-receipt of Bank Account details. 8.59 crore have
also been released to 4 Regional Geriatric Centres (S N Medical College, Jodhpur; Banaras Hindu
University, UP; Guwahati Medical College, Assam; and Trivandrum Medical College. Initiative taken
and progress in 2015-16 Programme to be initiated in another 70 districts of 21 identified States. Funds
have been released to 7 States (Bihar, HP, Karnataka, Kerala, Sikkim, Punjab and Rajasthan) to take up
21 new districts. Funds for Haryana and Chhattisgarh are being released. Funds have also been released to
2 Regional Geriatric Centres (Madras Medical College and Grants Medical College, Mumbai). Fund is
being released to Sher-i-Kashmir Institute of Medical Sciences, J&K. Non Communicable Diseases
(NCD) Cells at the Centre, State and District will implement and monitor the NPHCE. The National NCD
Cell has been established at the Centre.

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Problems Identified

The law is not perfect. Many problems are identified. Some of the major problem which depletes
the value of the law is. The problems are being identified so that we can find a solution of this
and improve the scope of the law.

1. The law is completely unaware among the citizens of the country. In a survey, 65% of the
citizens don't know about this law. So, unawareness of this law is a major consensus. If the youth
does not know about this how the elder will and the old know about this!!

2. The people who fall under the bracket of this law are not getting monthly incentives that they
are untitled to. The officials keep the money with themselves and don't go to the elderly people
who are the actual recipients of the money. As a result, people don't get money on the regular
basis.

3. The census department is not keeping count of the much elderly people and the bracket of 60+
and 80+ are mixed and they are not getting money according to their ages.

4. The council which is set up the government doesn't work on the regular basis.

5. Online campaign and site is there but the old people don't know how to use the technology.

6. The bar which is formed earlier of Rs. 2000 and Rs.5000 is not revised at all. The economy is
changed but the compensation money is not.

7. The clinic facility that the constitution amended said to provide 50% rate and not stand in
queues is not followed in the public offices, no one is there to look at the law.

8. The pension offices cheat the old people by deducting taxes and money as the old people are
not much educated and are tensed.

9. Old people don't have time and energy to file a case and no lawyer is representing them as it
does not give much money to them.

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Suggestions for amendments in Elder law in Near Future.

The majority of Indians are unaware of the rights and entitlements of older persons. The problem
of not being prepared for old age can only be prevented. For the majority who have unregulated
occupations and for those who are self-employed, including farmers, awareness can be generated
through the media and also through government offices and by NGOs in the field. Older people
who have faced and addressed these issues.

Every Problem has solutions!!

Here are few solutions we found out after carefully scrutinizing the existing law for elders:-

a)Policy that result in the launch of new schemes such as-

1. Strengthening of primary health care system to enable it to meet the health care needs of older persons

2. Training and orientation to medical and paramedical personnel in health care of the elderly.

3. Promotion of the concept of healthy ageing.

4. Assistance to societies for production and distribution of material on geriatric care.

5. Provision of separate queues and reservation of beds for elderly patients in hospitals.

6. Extended coverage under the Anthodia Scheme with emphasis on provision of food at subsidized rates
for the benefit of older persons especially the destitute and marginalized sections.

b) Council setup for elders which will have following roles-

1. Advise the Government on policies and programmes for older persons,

2. Provide feedback to the Government on the implementation of the National .

3. Policy on Older Persons as well as on specific programme initiatives for older o persons advocates the
best interests of older persons.

4. Provide a nodal point at the national level for redressing the grievances.

5. Older persons which are of an individual nature provide lobby for concessions, rebates and discounts
for older persons both o with the Government as well as with the corporate sector

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6. Represent the collective opinion of older persons to the Government

7. Suggest steps to make old age productive and interesting

8. Suggest measures to enhance the quality of intergenerational relationships.

9. Undertake any other work or activity in the best interest of older persons

c) Integrated Programme for Older Persons:

1) Maintenance of Respite and Continuous Care Homes

2) Day Care Centres for Alzheimers disease/ Dementia Patients

3) Physiotherapy Clinics for older persons

4) Helplines and Counselling Centres for older persons

5) Sensitizing programmes for children particularly in Schools and Colleges

6) Regional Resource and Training Centres

7) Awareness Generation Programmes for Older Persons and Caregivers

8) Formation of Senior Citizens Associations etc

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