UTTAR PRADESH HUMAN

RIGHTS COMMISSION
INTERNSHIP REPORT

1st June – 30th June, 2019

Name- Riya Singh

Course– B.A.LL.B.
Semester- 4th
College- Faculty of Law, University of Lucknow
Topic- ‘SENIOR CITIZENS AND HUMAN RIGHTS’
 ACKNOWLEDGEMNT
The project is the outcome of the study by the author. Any material used from different sources
has been thoroughly acknowledged and cited. After the successful completion of my work, I
would like to extend a note of thanks to a number of people.

I would like to sincerely thank Uttar Pradesh Human Rights Commission for accepting my
candidature for internship. And I would like to thank them for providing us with this opportunity
to work in this esteemed organization. I would also like to them for giving us useful information
and clarifying on the topic and format of this project.

This project has overwhelmingly increased my horizon in the knowledge of my topic, ‘SENIOR
CITIZENS AND HUMAN RIGHTS’.

I also owe my deepest gratitude to my teachers and colleagues, without whose help this project
would have been impossible. Lastly, I am greatly indebted to the writers, jurists and other people
whose work has helped me in the completion of this project.

-Riya Singh

B.A.LL.B., 4th Semester

University of Lucknow.

2
 TABLE OF CONTENTS
S No. Topic Page No.
1 Introduction 4-5
2 Elderly 5
3 Aging 5-6
4 Population Explosion 7-8
5 Demographic Transition and its Impact on Senior Citizens 9-10
6 The Elderly and Human Rights 11
7 Development in International Arena 12-13
8 Problems faced by the Elderly 14-20
8.a Extent 14-15
8.b Socio-pyschological and Emotional Problems 15-16
8.c Economic Problems 16-18
8.d Health Problems 18-19
8.e Housing Problems 20
9 Elderly rights : As per Indian Laws 21
10 Constitutional Provisions 21
11 Maintenance And Welfare Of Parents And Senior Citizens Act, 22-26
2007
12 Personal laws: 26
12.a Hindu Adoptions and Maintenance Act, 1956 26
12.b Muslim Personal Law 26
12.c Christian and Parsi Law 26
12.d Code of Criminal Procedure, 1976 27
13 Judiciary and Senior Citizens 27
14 Cases dealing with the Rights of Senior Citizens 27-29
15 Conclusion 30-31
16 References 32

3
 UTTAR PRADESH HUMAN RIGHTS COMMISSION
1st June- 30th June, 2019
INTERNSHIP REPORT:
SENIOR CITIZENS AND HUMAN RIGHTS

-Riya Singh - 4th Semester,

University of Lucknow.

INTRODUCTION:
The phenomenon of population ageing is becoming a major concern for the policy makers all
over the world, both for developed and developing countries. Our country too is not immune to
this demographic change. The changing demographic profile has thrown many new challenges in
the social, economic and political domains. The rapid socioeconomic transformation has affected
various aspects of Society. Industrialisation, urbanisation and migration of population have
brought the concept of nuclear family, as a result of which a section of the family, primarily the
elders, are confronting the problems of financial and physical support. There is an emerging need
to pay greater attention to ageing-related issues and to promote holistic policies and programmes
for dealing with ageing society. Population ageing is a global phenomenon.

The elder persons in the society face a number of problems due to absence of assured and
sufficient income to support themselves for their healthcare and other social securities1. Loss of a
social role and recognition, and non-availability of opportunities for creative and effective use of
free time are also becoming a matter of great concern for elderly persons. The trend clearly
reveals that ageing will emerge as major social challenge in the future; and vast resources will be
required towards the support, service, care and treatment of the elderly persons. For
comprehensive development, planning and monitoring of various development programmes for

1
Thakur, Anuradha. “Care of Senior Citizens and the Role of the State.” Economic and Political Weekly,
vol. 43, no. 17, 2008, pp. 11–13. JSTOR, www.jstor.org/stable/40277382.

4
the elderly in the country, the importance of having an up-to-date database can hardly be over-
emphasised2.

ELDERLY:

Elderly or old age consists of ages nearing or surpassing the average life span of human beings.
The boundary of old age cannot be defined exactly because it does not have the same meaning in
all societies. Government of India adopted ‘National Policy on Older Persons’ in January, 1999.
The policy defines ‘senior citizen’ or ‘elderly’ as a person who is of age 60 years or above.

In India, the age of retirement varies from 55-65 years Muttagi (1997) depending upon
professions and nature of employing bodies. But, generally in most of the cases, the person aged
60 years retire from Government of India jobs. However, there are many states including Orissa,
who have fixed up 58 years as the landmark-age for considering a person ‘old’ or ‘aged’ who are
officially withdrawn from the main workforce and assume new roles in different social order and
hence acquire a different social status in the household as well as in the society. But for the sake
a administrative convenience and also for some other reasons 60 years is considered to identify a
person as ‘old’ or ‘aged’ in census surveys made by Government of India.

AGING:

Aging is a natural process of becoming older and older. It is a universal reality. It is defined in
different ways by different authors.

Hess (1976) defines aging as “an inevitable and irreversible biological process of life. Handler
(1960) views that “aging is the deterioration of a mature organism resulting from time-
dependents, essentially irreversible changed intrinsic to all members of a species, such that, with
the passage of time, they become increasingly unable to cope with the stresses of environment,
thereby increasing the probability of death”.

2
Ibid.

5
Aging, as defined by Jarry (1995) in Collins dictionary of Sociology is “the chronological
process of growing physically older. However, there is also a social dimension in which
chronology is less important than the meaning attached to the process. Different cultural values
and social expectations apply according to gender and age group and therefore there are socially
structured variations in the personal experience of aging”.

Muttagi (1997) has described aging as a mutual dimensional process and specifies that aging in
its demographic sense in not the same as the biological process of aging which is dynamic and
continuous. Chronological age does measure physiological and 11 psychological age. He further
views that aging is generally associated with fatigue decline in functional capacity of organs of
the body, decrease of ability to cope with the stress of disease or trauma. Generally speaking
‘aging’ has three broad dimensions and each of is associated with another.

These are:

1) Physiological aging

2) Psychological aging

3) Social aging

6
POPULATION EXPLOSION:

Indian population has approximately tripled during the last 50 years, but the number of elderly
Indians (60+) has increased more than four folds. The 2011 census has shown that the elderly
population (60+) of India accounted for 98.3 million, which was projected to cross the 100
million mark during the same year. It took more than 100 years for the aged population to double
in most of the countries in the world, but in India it has doubled in just 20 years. The life
expectancy has also gone up to over 70 years today3. Better medical facilities, care and liberal
family planning policies made the elderly the fastest growing section of the society in India. By
2025, the world will have more elderly than young people and cross two billion mark by 2050. In
India also, the population of elder persons‟ population mark will cross 18% by 20254.

With fast changing socio-economic scenario, industrialization, rapid urbanization, higher

aspirations among the youth and the increasing participation of women in the workforce, roots of
traditional joint family system has been eroding very fast. In urban areas of the country
traditional joint family system has become thing of past. In such changing situations, majority of
older people, who have passed most part of their life with their joint/extended families are on the
verge of isolation or marginalization in old age. At this age, when they need family support most,
they have to live on their own. Even basic needs & rights of many of them are not addressed.
Social marginalization, loneliness, isolation and even negligence in old age lead violation of
Human Rights of Older people. Ironically, in India older generations are not aware of their
human rights due to high prevalence of illiteracy and lack of awareness. On the other hand, due
to comparatively high physical as well as psychological vulnerability their cries for help remain
within four-walls, that is why only a few cases of violation of human rights of elderly come out.
Ever increasing numbers of distress calls from older people clearly indicate disturbing condition
of Human Rights of Older people in India.

In general, the rights stipulated for the older persons in international instruments stem from the
principles of dignity and nondiscrimination. The rights of older persons can be divided into three
main categories: protection, participation and image. Protection refers to securing the physical,
3
Pali P Arun. Care of the Elderly in India Changing Configurations. Indian Institute of Advanced Studies, Shimla,
2001, pp. 28-35.
4
Rights of Senior Citizens- the Mainenance and Welfare of Senior Citizens Bill- 2007; Dr.Rakesh Kumar Singh -
Sr.Lecturer, Faculty of Law, University of Lucknow; accessed from legalservicesindia.com(Friday, June 28, 2019).

7
psychological and emotional safety of older persons with regard to their unique vulnerability to
abuse and ill treatment. Participation refers to the need to establish a greater and more active role
for older persons in society. Image refers to the need to define a more positive, less degrading
and discriminatory idea of who older persons are and what they are capable of doing. Definition
- everyone has the right to a standard of living adequate for the health and well-being of himself
and of his family, including food, clothing, housing and medical care and necessary social
services, and the right to security in the event of unemployment, sickness, disability, widowhood,
old age or other lack of livelihood in circumstances beyond his control.5

5
As per Article 25 of Universal Declaration of Human Rights, 1948.

8
DEMOGRAPHIC TRANSITION AND ITS IMPACT ON SENIOR CITIZENS6:

The aging of the world population is progressive and rapid. It is unprecedented that is affecting
nearly all countries of the world. As long as fertility continuous to fall or remain low and old age
mortality keeps on declining, the proportion of senior citizens will continue to increase. The
number of people who turn 60 each year worldwide is nearly 58 million, equivalent to almost
two persons every second. In 2012, aged people 60 or over represent to almost 11.5 per cent of
our total global population. By 2050 the proportion is projected to nearly double to 22 per cent.
By 2050, for the first time there will be more senior citizens than children below age 15.

The Indian senior citizen population is currently the second largest in the world after China.
According to Census 2011, senior citizen population is 8.6 per cent of the total population.
Between 2001 and 2026, because of decline of fertility, the proportion of population aged less
than 15 year is projected to decline from 35.4 per cent, the proportion of middle (15-59 year) and
older ages (60 year and above) are set to increases considerably. With the declining fertility,
along with increase in the life expectancy, the number of senior citizen in population is expected
to increase by more than double from 71 million in 2001 to 173 million in 2026- an increase of
their share to total population from 6.9 to 12.4per cent7. Senior citizen population faces a number
of problems and adjusts to them varying degrees. These problems range from an absence of
secure and sufficient income to support themselves and their ill- health, absence of social
security, loss of social role and recognition and the non-availability of opportunities for creative
use of free time. The needs and the problems of the senior citizens vary significantly according
to their age, socio economic-status, health, living status and other such background
characteristics.

Indian society is undergoing rapid transformation under the impact of industrialization,

urbanization and globalization. Consequently Indian traditional values and institutions are in the
process of erosion. With the rapidly increasing number of senior citizens, compound
disintegration of joint families and ever increase influence of modernization and new life styles,

6
Problems of senior citizens in India-Rajendra Prasad; International Journal of Humanities and Social Science
Research ISSN: 2455-2070.
7
Shiva Raju. Status of Urban Elderly: A Micro Socio Study. B.R. Publications, New Delhi, 2002.

9
the care of elderly has emerged as an important issue in India. Providing care for the senior
citizen has never been problem in India where a value based joint family system was dominant.
However, with growing trends towards nuclear family set-up, increasing education, urbanization
and industrialization, the vulnerability of senior citizen is rapidly increasing. The coping of the
younger and senior citizen family members are now being challenged under various
circumstances resulting in neglect and abuse of senior citizen in many ways, both within the
family and outside.

In India for the first time in the year 1993 the law relating to human rights was passed in the
name of Protection of Human Rights Act, 1993. Under which a National Human Rights
Commission in the national level and State Human Rights Commissions were established for
smoothen the protection of human rights in India. Presently in India we have apart from national
commission 18 state human rights commission in Andhra Pradesh, Assam, Himachal Pradesh,
Jammu & Kashmir, Kerala, Karnataka, Madhya Pradesh, Maharashtra, Manipur, Orissa ,Punjab,
Rajasthan, Tamil Nadu, Uttar Pradesh, West Bengal, Gujarat and in Bihar8. The senior citizens
constitute a precious reservoir of indispensable human resource coupled with knowledge of
various dimensions, varied experiences and deep insights. May be they have formally retired, yet
an overwhelming majority of them are physically fit and mentally alert. Hence, they should be
given an appropriate opportunity as they remain in a position to make significant contribution to
the socio-economic development of the nation.

8
Protection of Rights of Oldage Person in India: A Challenging Facet of Human Rights By Dr. Shashi Nath Mandal;
Global Journal of HUMAN SOCIAL SCIENCE Volume 11 Issue 5 Version 1.0 August 2011.

10
HUMAN RIGHTS AND ELDER PERSONS:

Human Rights are universal in nature and includes, and civil, political, economic, social and
cultural rights which belongs to all human being irrespective of any restrictions, including
Oldage people. The Human Rights of the aged are explicitly set out in the Universal Declaration
of Human Rights, the International Covenants, the Convention on the Elimination of All Forms
of Discrimination Against Women, and other widely adhered to international human rights
treaties and Declarations9. From different international and national instruments term human
rights of older person includes the Human Rights of the old aged includes the following
indivisible, interdependent and interrelated human rights.

 to an adequate standard of living, including adequate food, shelter and clothing.

 to adequate social security, assistance, and protection.
 to freedom from discrimination based on age or any other status, in all aspects of life
including employment and access to housing, health care, and social services.
 to the highest possible standard of health.
 to be treated with dignity.
 to protection from neglect and all types of physical or mental abuse.
 to full and active participation in all aspects of political, economic, social and cultural life
of society.
 to full and effective participate in decision - making concerning their well-being10.

9
Hébert R., Carrier R. and Bilodeau A. (1988), The functional autonomy measurement system (SMAF): Description
and validation of an instrument for the measurement of handicaps, Age Ageing, Vol. 17, pp. 293-302.
10
Kass, G. V. (1980), An exploratory technique for investigating large quantities of categorical data, Applied
Statistics, Vol. 29 No. 2, pp. 119–127.

11
DEVELOPMENT IN THE INTERNATIONAL ARENA:

The question of ageing was first debated at the United Nations in 1948 at the initiative of
Argentina. The issue was again raised by Malta in 1969. In 1971 the General Assembly asked the
Secretary-General to prepare a comprehensive report on the elderly and to suggest guideline for
the national and international action. In 1978, Assembly decided to hold a World Conference on
the Ageing. Accordingly, the World Assembly on Ageing was held in Vienna from July 26 to
August 6, 1982 wherein an International Plan of Action on Ageing was adopted.

The overall goal of the Plan was to strengthen the ability of individual countries to deal
effectively with the ageing in their population, keeping in mind the special concerns and needs of
the elderly. The Plan attempted to promote understanding of the social, economic and cultural
implications of ageing and of related humanitarian and developed issues. The International Plan
of Action on Ageing was adopted by the General Assembly in 1982 and the Assembly in
subsequent years called on governments to continue to implement its principles and
recommendations. The Assembly urged the Secretary General to continue his efforts to ensure
that follow-up action to the Plan is carried out effectively11.

In 1992, the U.N. General Assembly adopted the proclamation to observe the year 1999 as he
International Year of the Older Persons. The U.N. General Assembly has declared ―1st October
as the International Day for the Elderly, later rechristened as the International Day of the Older
Persons. The U.N. General Assembly on December 16, 1991 adopted 18 principles which are
organized into 5 clusters, namely-independence, participation, care, self-fulfillment, and dignity
of the older persons12.

11
TYAGI, RENU, and SATWANI KAPOOR. “AGEING IN STRUCTURAL AND FUNCTIONAL DIMENSIONS AMONG
INSTITUTIONALIZED AND NON-INSTITUTIONALIZED SENIOR CITIZENS.” Anthropologie (1962-), vol. 42, no. 2, 2004,
pp. 141–146. JSTOR, www.jstor.org/stable/26292683.
12
Thakur, A. (2008). Care of Senior Citizens and the Role of the State. Economic and Political Weekly, 43(17), 11-13.
Retrieved from http://uolelibrary.informaticsglobal.com:2117/stable/40277382.

12
Principles Providing Action for Old Age Person:

i. Older Persons should have the opportunity to work and determine when to leave the
work force.
ii. Older Persons should remain integrated in society and participate actively in the
formulation of policies affecting their well-being.
iii. Older Persons should have access to health care to help them maintain the optimum level
of physical, mental and emotional well-being.
iv. Older Persons should be able to pursue opportunities for full development of their
potential and have access to educational, cultural, spiritual and recreational resources of
society.
v. Older Persons should be able to live in dignity and security and should be free from
exploitation and mental and physical abuse.

13
PROBLEMS FACED BY THE ELDERLY:

EXTENT:

The process of economic liberalization led to the emergence of capitalism, division of labour and
availability of lucrative opportunities. The market relationships are emphasized with greater
importance than emotional ones. Presently, everyone aspires to a rewarding career so they can
have a better lifestyle, leaving the earlier caste based familial professions as evidenced by the
rapid growth of the professionals in the Indian job market. Simultaneously, the mobility of the
people has increased to meet the growing areas of production and services sectors. Therefore, the
traditional joint family system is fragmenting, resulting in the formation of nuclear families.
Hence, they may experience a higher degree of physical and mental strain in the future.
Consequent to the above developments, the older people are experiencing remarkable changes in
their physical and socio-economic circumstances. In smaller families, they are gradually
marginalized in the decision-making process. Hence, the family that traditionally took care of the
elderly or sick, widows and orphans is beginning to rely on society as a whole13.

As the number of old persons is rising and the social environment is changing, the proportion of
the destitute among them are also increasing14. These factors are also leading to the need for a
large number of old-age homes where the old people may enjoy the end part of their lives in a
group of their own. The impact of the above factors may be observed in the living arrangements
of elderly Indians15. With the growth of rural population, the area of arable land is decreasing to
meet the increased demand for housing, leading to incremental and disguised unemployment. As
a result, the rural masses are forced to migrate to the urban areas in search of a livelihood.
According to the framework of economic development developed by Arthur Lewis, the
movement of labor from the “traditional sector” comprising agriculture and allied areas that
produce traditional outputs for all societies, to the “modern sector” (industrial area, which
produces manufactured items) is placed on the center stage. The traditional sector may be

13
Prakash Bhattacharya, Implications of an Aging Population in India: Challenges and Opportunities, Institute of
Chartered Financial Analysts of India Presented at the Living to 100 and Beyond Symposium Sponsored by the
Society of Actuaries Orlando, Fla. January 12-14, 2005, p. 10.
14
National Human Development Report 2001.
15
See, National Family Health Survey 1 and National Family Health Survey 2, as given in Appendix 1, conducted by
the International Institute of Population Studies under the Ministry of Health, Government of India, during the
years 1992-93 and 1998-99.

14
assumed to supply unlimited number of labourers, but the absorption of the same critically
depends on the supply of capital to the modem sector16. The level of savings and investments are
the determinants of the growth of the modem sector and, hence, the generation of employment as
well as the process of urbanization. These migrants, mostly the youth, primarily relocate for
better earning opportunities, leaving their elderly parents in the villages17.

SOCIO-PSYCHOLOGICAL AND EMOTIONAL PROBLEMS:

Though fulfillment of basic needs is essential for the survival of mankind yet man as a social
being, does not live by bread alone. He wants to live in the society where he gets the feeling of
belongingness. Such associations give meaning to his life. He occupies some position and enjoys
some privileges, performs useful functions for the society. In the traditional Indian society, the
aged persons were given deference18 and they enjoyed position of authority. In return, they used
to provide guidance to the younger generation because age was equated with knowledge and
experience. Displacement of folk knowledge with the scientific knowledge in the modern society
has lowered their status to such an extent that economically, inactive and old persons is treated as
a burden on the limited resources of the family.

Such a situation has created a feeling of neglect, dependency, loneliness, powerlessness, and
meaninglessness among the poor old persons19. Further, loss of economic independence and
physical vigour and the affliction by various types of degenerative diseases change an elderly
person from an independent self supporting individual to one who needs help from his children
and other family members and also from the society’ in' general.

Absence of common interests and lack of extensive and regular interaction- with younger
members in the family naturally result in social isolation and loneliness of the elderly persons20.
In this circumstance, lack of psychologically rewarding activities converts his free time into

16
Arthur Lewis (1954) Quoted in Prakash Bhattacharya, supra note 1, p.2.
17
Prakash Bhattacharya, supra note 1, p.3.
18
A. Mahajan, Problems ofthe Aged in Unorganized Sector, Delhi: Mittal Publications, 1987, p.40.
19
Ibid, p. 41.
20
B.N. Chattoraj, supra note 8, p.40.

15
burden and boredom to be dragged on in the remaining years of life. However, the process of
ageing and other psychological or emotional changes that take place due to ageing process
cannot be uniform for all elderly persons because the state of their living is dependent on various
factors such as nature of composition, economic background of the family, nature of
relationships etc21.

The socio psychological problems of the aged perhaps an area which has more relevance in
traditional than in developed societies. The veneration shown to the old, the weight given to their
advice, the eagerness to have them to mediate in disputes and the unique honour and respect
shown to them in social functions in traditional societies have no parallel in modern societies.
The erosion of these privileges consequent on the emergence of new values and norms cause not
a small amount of despair and anguish in the minds of the elderly. The anxiety and insecurity
caused by failing health diminishing income and the constant threat of death as one advances in
life are other factors contributing to emotional impairment among the old22.

ECONOMIC PROBLEMS:

A great anxiety in old age relates to financial insecurity. When the issue is seen in the context of
the fact that one-third of the population is below the poverty line and about one-third are above
i23t. But belong to the lower income group, the financial situation of two-thirds of the population
60+ can be said to be fragile24. In earlier times, the social and economic needs of the elderly were
catered through the extended family system that was three or four-generation unit held together
by kinship ties. Social stratification concentrated spiritual, financial and decision-making power
in the hands of the most elderly.

21
Ibid.
22
Nayar, P.K.B., “Problems and Needs of the Aged in India. A Macro Perspective”, Jr. ofSocial Research, 31 (1 -2): 1
-11.
23
Government ofIndia Survey, 1993-94.
24
Indian Gerontological Association, p. 4.

16
Within the framework of the extended family structures, the daily affairs of the community were
decided by the community leaders, who were usually elderly men. Elderly matriarchs wielded
power in the home comparable to that of the patriarchs at the community level25. The
Government of India is committed to providing an effective environment to secure the goals of
economic and emotional security for the elderly. It also recognizes that all institutions of the civil
society, individuals and the community are equal and necessary partners in achieving that goal.
India is a federal polity of one thousand million people in modem India, retirement age is fixed at
58 in most Governmental jobs, and 60 years in the Universities. There is a move to increase the
retirement age by another two to five years. For all practical purposes people above 65 are
considered to be ‘senior citizens’. In academic research, retirement age is often taken as an index
of aged status. The chronological age of 58 or 60 is considered to be the beginning of old age 26.
However, globalization and its impact on economies are causing a silent and invisible
transformation within the social structures. Fragmentation of the traditional family network is
leading to an erosion of the available support within the immediate and extended family.
Migration of younger generations from rural to urban areas and from one urban center to another
as well as transnational migration results in the elderly being left to fend for themselves at a time
when family support becomes more crucial27.

In Indian society the economic position of elderly women are particularly at risk because most of
them live in the shadow of the males throughout their lives - father, husband, son or male
relatives like nephew, brother, uncle. In most cases they do not earn money and even when they
do, their employment is often guided by family considerations, so most of them take up casual
employment or are under employed and they also shoulder family responsibilities28.

25
Bhushan Patwardhan and Sharatchandra Gokhale, Longevity Phenomenon in India: Emerging Issues and
Responses 1. A theme discussion paper for UNESCAP Expert Group Meeting on Assessing Regional Implementation
of Commitments from the World Summit for Social Development, September 16-18, 2003, Bangkok, Thailand.
26
Ibid.
27
Indira Jai Prakash “Ageing In India” World Health Organization, Geneva, April 1999, p.8.
28
Anupama Datta, “Older Women In India: A Case of Multiple Jeopardizes”, BOLD, vol.15 No.2, 2005, p. 1.

17
The higher levels of economic dependency among older women arise due to the following
factors:

(i) Women's caring role in the family;

(ii) Male dominance in property and family assets;
(iii) Traditional social values and prejudices that restrict women’s participation in paid
labour;
(iv) Women's participation in low paid jobs;
(v) Women's higher participation in agriculture (or family business); and
(vi) Women's higher contribution to their family expenses and lesser monetary savings.

An older woman without any means of finance is often considered as an economic burden.
Her role in the family remains restricted to the household's noneconomic matters. She usually
keeps away from the economic decisions, which are more privileged29.

HEALTH PROBLEMS:

Advances in medical technology over the past years have promoted longevity but not good
health. The problem is that old people live longer but are more vulnerable to illnesses.
According to the doctors, while the debilitating effects of old age cannot be avoided, risks
can be minimized through careful planning and prevention beginning from middle age30.
Health is an- important factor in ageing. A major issue of societal concern is the health status
of the aged. After infants and children, old people are most vulnerable to morbidity and
mortality as health impairment is a function of ageing process. Healthy aged constitute an
important human resource for development of the country31.Decline in mental ability makes
them dependent. They no longer have trust in their own ability or judgements but still they
want to tighten their grip over the younger ones. They want to get involved in all family
matters and business issues. Due to generation gap the youngsters do not pay attention to

29
A. Asharaf, “Economic Security for Older Women in India”, BOLD, vol. 15 No.2, 2005, p.9.
30
Bhushan Patwardhan and Sharatchandra Gokhale, supra note 32, p. 10.
31
Chaturbhuj Sahu, supra note 22, p.94.

18
 their suggestion and advice. Instead of developing a sympathetic attitude towards the old,
they start asserting their rights and power.

Health is also considered as a basic human right by the World Health Organization (WHO)32.
According to it, “the enjoyment of the highest attainable standard of health is one of the
fundamental rights of every human being without distinction of race, religion, political belief,
economic or social condition”. The Universal Declaration of Human Rights, proclaims, “that
everyone has the right to a standard of living adequate for the health and well-being of
himself and of his family, including food, clothing, housing, and medical care and necessary
social services”33. Apart from the above, other international human rights instruments which
address health and health-related issues are the International Covenant on Economic, Social
and Cultural Rights; 1966 the Convention on the Elimination of All Forms of Discrimination
Against Women; 1979 and the Convention on the Rights of the Child 198934.

The best solution is to strengthen the public health care system in the country. Social workers
say the solution to this might be to set up more geriatric clinics and reserve geriatric wards in
hospitals for the exclusive delivery of Medicare for the aged. Since more than 70 per cent of
India lives in villages, the role of Primary Health Care Centers (PHC) is critical. These
centers must assume the responsibility of ensuring that the senior citizens of rural areas
receive proper medical care. According to The National Policy for Older Persons, PHCs in
the villages should become one stop shops on geriatric care. The Policy also specifies that in
addition to strengthening the PHCs, medical and para-medical staff in primary, secondary
and tertiary healthcare facilities should be given training in the healthcare of the elderly. It
also recommends that hospices supported by the state, or assisted by charity be set up to take
care of the chronically ill or destitute elderly.

32
World Health Organization Constitution.
33
Article 25 Universal Declaration of Human Rights, of 1948.
34
See supra, Chapter, IV.

19
HOUSING PROBLEMS:

Housing for the senior citizens should be suitable not only to the living pattern which they
have established in optimum health, but also to conditions of failing health and illness,
commonly associated with later years of life such as, failing eye sight, hearing, slowing and
upsurges, diminishing energy and more acute disabilities, such as blindness, forgetfulness
etc. On this pattern, the housing available to majority of the senior citizens may be found
inappropriate and unsuitable to their requirement. The sizeable populations of older widows
as well as the older males have been facing the problem of “where to live peacefully”.With
age a common complaint of many elderly is the feeling of loneliness and sense of being
isolated. In most case isolation is imposed purposefully by the families or communities
where the old age people live in. Changing lifestyles and values, job culture, various means
of distractions like internet, television, societal shift such as nuclear family structures and
redefined priorities have led to increased neglect of the elderly by families or communities,
and with this isolation comes in. With it the problem of housing rises again. It is not only
terrible thing but also it leads to detrimental quality of life.

There are so many problems the aged are facing these days. They are Social, Psychological,
Economical, and Medical, in nature. With the impact of the modernization among the young
members of the community, the traditional norms and values have been affected. The attitude
and behaviour of the younger generation have also been changing. Now they are objecting to
follow the traditional norms and values of joint family. After going through a good deal of
discussion on the problems of the aged it can be concluded that the old persons are no more
enjoying the love, affection and respect from the other members of the family. Their
presence, experience and blessing are considered a must for all-round development of the
family. In a society where they command respect the aged feel that their life is worthy and
they to make the family fully developed.

20
ELDERLY RIGHTS: AS PER INDIAN LAWS:

CONSTITUTIONAL PROVISIONS:

Upon approaching old age, physical and mental problems become daily affair. Due to such
afflictions, he is unable to work and earn his own livelihood which in turn makes him
dependent on others. In order to protect the interest of the most valuable assets of the country
i.e. elderly people, our Constitutional framers have inserted certain provisions on this subject
under Part IV of the Constitution. i.e. Directive Principles of State Policy. Furthermore,
although not explicitly stated as a Fundamental Right, the judiciary reads the rights of the
elderly as a facet of Article 21 of the Constitution. Although Directive Principles are not
enforceable unlike Fundamental Rights, it is an accepted norm that they must be taken into
account while framing the state policy. Article 41 of the Constitution provides that, “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 cases of
unemployment, old age, sickness and disablement, and in other cases of undeserved want.” It
places obligation upon the State to provide job opportunities and other help to the elderly so
that they can earn and live a respectful and independent life.

Article 38(1) enjoins the State to strive to promote welfare of the people by securing and
protecting as effective as it may a social order in which justice social, economic and political
shall inform all institutions of the national life. In particular the State shall strive to minimize
the inequalities in status, facilities and opportunities. Article 39(e) requires the State to secure
that the health and strength of workers, men and women and children of tender age are not
abused and that citizens are not forced by economic necessity to enter avocations unsuited to
their area of strength. To achieve these goals, State provides pensions as monetary benefit to
former employees so that they can live meaningful life with dignity. By keeping these
Directive Principles in mind, legislations to protect the interest of the elderly have been
enacted. This includes the Maintenance and Welfare of Parents and Senior Citizens Act,
2007 and Rules on the same along with other legislations.

21
 Maintenance And Welfare Of Parents And Senior Citizens Act, 2007 :

Up until 2007, there were no special or separate legislation exclusively addressing the elderly
population. The Directive Principles, although mentions rights of the elderly, they were not
applicable towards private citizens. For private citizens, two Acts—the Code of Criminal
Procedure, 1973, and the Hindu Adoption and Maintenance Act, 1956—placed obligations
regarding the care of parents by their children if they are unable to take care of themselves. It
was only with the passing of the Maintenance and Welfare of Parents and Senior Citizens
Act, 2007 that a specific legislation for the protection of senior citizens came into force in
India. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 seeks to make
it a legal obligation for children and heirs to provide sufficient maintenance to senior
citizens, and proposes to make provisions for state governments to establish old age homes in
every district. The Act places an obligation on children and relatives to maintain a senior
citizen or a parent to the extent that they can live a normal life.

The definition of senior citizen includes both Indian citizens aged over 60 years, and all
parents irrespective of age. This obligation applies to all Indian citizens, including those
residing abroad35. The Act defines “children” as sons, daughters, grandsons and
granddaughters36 and “parents” includes biological, adoptive or step parents37. A senior
citizen who is unable to maintain himself based on his own earnings or property shall have
the right to apply to a maintenance tribunal for a monthly allowance from their child or
relative38. If he is incapable of filing the application on his own, he may authorise any other
person or registered voluntary association to apply on his behalf. The maintenance tribunal
may also, on its own, initiate the process for maintenance39. In case of childless senior
citizens, relatives are obliged to provide maintenance.

35
S.2(h), Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
36
S.2(a), Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
37
S.2(d), Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
38
S.5(1)(a), Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

22
 The Act defines “relative” as someone who is in possession of or would inherit a senior
citizen’s property. The Act, however, doesn’t seek to make it an absolute obligation on the
relatives of a senior citizen; it states that a relative from whom such maintenance is being
claimed must have sufficient means to maintain such claimant. Further, the Act also attaches
a proviso to it, which states that such person should either have the possession of the property
of such senior citizen, or he would inherit the property of such senior citizen. If more than
one relative would inherit such property, the Act proposes proportionate payment by all
relatives where the maintenance shall be payable by such relative in the proportion in which
they would inherit his property. It is only on fulfillment the above-mentioned conditions that
a relative can be asked to maintain the senior citizen. However, the Act fails to address
instances where the senior citizen sells his property to a third party or if the relative who is
said to inherit the property intends on refusing to accept it. Further, as wills are changeable, it
is unclear how one would determine who would inherit the property after death, and
therefore who would be obliged to maintain the senior citizen.

The Act mentions various duties of the State Government. The Act states that the state
government may establish and maintain at least one old age home per district with a
minimum capacity of 150 senior citizens per home40. The state government may also
prescribe a scheme for the management of such homes which shall specify standards and
services to be provided including those required for medical care and entertainment of
residents of these old age homes. It shall ensure separate queues for senior citizens, expand
facilities for treatment of diseases and expand research for chronic elderly diseases. While
these are positive steps from the part of the State government, these are not mandatory.
Further, the Act is silent regarding management and administration of such Old Age Home.
Taking into account the current destitute conditions of old age homes established prior to this
Act, it is clear that if no legal obligation or responsibility is specified, these provisions will
not be fulfilled.

On May 8, 2007, the Indian Express carried a critique of the UPA government's Maintenance
and Welfare of Parents and Senior Citizens Bill 2007, which was introduced in the Lok
Sabha in March. M. R. Madhavan, who works with the PRS Legislative Research at the

40
S. 19, Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

23
Centre for Policy Research focuses on larger policy problems with the Bill, while also
zeroing in on specific provisions that arouse his concern:
"The Maintenance and Welfare of Parents and Senior Citizens Bill, 2007, which was
introduced in Lok Sabha in March, aims to provide for more effective provisions for the
maintenance and welfare of parents and senior citizens guaranteed and recognised under the
Constitution and for matters connected therewith or incidental thereto. While it is difficult to
contest the objective of ensuring a comfortable life for senior citizens, a number of provisons
in the bill do not fulfill requirement.

The Bill neatly sidesteps the directive in the Constitution (Article 41), which directs the state
to provide public assistance in cases of old age. The Bill does state that, The state
government may establish and maintain such number of old age homes at accessible places,
as it may deem necessary, in a phased manner, beginning with at least one in each district to
accommodate in such homes a minimum of one hundred fifty senior citizens who are
indigent. Note the use of may instead of shall — there is no obligation on the state
governments to establish these. Even without this clause, there was never any prohibition on
them from providing old age homes. Also, one wonders why a Bill should specify details
such as the minimum size of an old age home.

Instead, the Bill places the obligation of maintaining a senior citizen on his or her children,
grandchildren or any legal heirs. The process and amount differs from the existing provision
in the Code of Criminal Procedure (Section 125), under which a first class magistrate may
order a person to provide a monthly maintenance to his parents (or wife, including divorced
wife or children), limited to Rs 500.

The Bill provides that the children of a senior citizen have the obligation to maintain a senior
citizen to the extent that he may lead a normal life. In case of a childless senior citizen, the
obligation is on a relative who is in possession of the senior citizen's property or who would
inherit his property. The maximum monthly allowance is to be specified by state
governments, subject to a limit of Rs 10,000.

Some of the definitions in the Bill are confusing. Senior citizens are defined as any person
being a citizen of India, who has attained the age of sixty years or above and includes parent

24
whether or not a senior citizen. This implies that every parent, including those below sixty
years of age, would be considered a senior citizen. Relative means any legal heir of the
childless senior citizen who is not a minor and is in possession of or would inherit his
property after his death. How does one determine who would inherit the property? Does this
mean that the senior citizen has to reveal the contents of his will, and does not have the
freedom to change it later? If he is allowed to change his will, consider the case of the person
who is initially named in the will, forced to provide a maintenance, and who finds on the
death of the senior citizen that there is another will that disinherits him.

So what does a senior citizen do if he wants maintenance? He applies to the 'Maintenance

Tribunal'. The application may also be made by any other person or organisation authorized
by him. However, the Bill clarifies that such an organisation means any voluntary
organisation registered under the Societies Registration Act, 1860, or any other law for the
time being in force. It seems to ignore the fact that the Societies Registration Act does not
define voluntary organisation.

One might be tempted to believe that the purpose of permitting such organisations is to assist
a senior citizen. However, the Bill makes it clear that no party to a proceeding before a
tribunal or appellate tribunal shall be represented by a legal practitioner. That is, one may not
use the services of a legally qualified person in obtaining one's legal entitlements under this
law.

Regarding the maintenance tribunal, the Bill states that the state government may... constitute
for each sub-division one or more tribunals... The tribunal shall be presided over by an
officer not below the rank of sub-divisional officer of a state. There are two points to note
here. First, the use of may, leaving the state governments the option of not forming such
tribunals. Second, the job is entrusted to the SDO, who has a number of other
responsibilities.

To conclude, one is not arguing against the idea of providing a safety net for senior citizens.
The point is that any law that provides for such a net should be implement able. Other than
the various loopholes discussed, the big issue is whether parents would take their children to

25
 the tribunal, given various social pressures. A better approach may be to design a social
security system, including financial products such as pension schemes and reverse mortgages
that enable the elderly to live a dignified life."

This is a powerful critique of the Bill, which is scheduled to be debated during the current
session of Parliament. To my mind, there is only one existing precedent for such a law,
which is the Singaporean Maintenance of Parents Act. Significantly, that law is backed by
governmental programmes of pension, healthcare and other forms of support for the elderly,
which adds weight to Madhavan's core argument. Hopefully, these issues will be aired during
the Parliamentary debates on this law.

PERSONAL LAWS:

Hindu Adoption and Maintenance Act, 1956: Under Section 20 of Hindu Adoption and
Maintenance Act, 1956 parents are entitled to claim maintenance from their son as well as their
daughter if they are unable to maintain themselves. This right extends to both natural and
adoptive parents. However step parents having their own children cannot claim maintenance
from their step-children.

Muslim Personal Law: Under the Muslim personal law, both son and daughter are bound to
maintain their parents who are poor if they have means to do so. Since the concept of adoption
does not exist in the muslim community, the personal law is silent on the right to maintenance of
adoptive parents.

Christian and Parsi Laws: No provisions for maintenance are mentioned under Christian and
Parsi personal laws regarding parents. The Christian and Parsi parents who wish to seek
maintenance from their children need to claim it under Code of Criminal Procedure.

Code of Criminal Procedure, 1973: Parents irrespective of the community they belong to can
claim maintenance from their children (son and daughter including married daughter) under
section 125 of CrPC. The children must have sufficient means to maintain their parents and the
parents must lack means to maintain themselves.

26
 Judiciary And Senior Citizens:

The Judiciary plays a very important role as the protector of the Constitution and the basic
guarantees given to citizens of the country. The rule of law is the bedrock of democracy, and
the primary responsibility for implementation of the rule of law lies with the judiciary41. It is
in the ambit of judicial review, to ensure that democracy is inclusive and that accountability
is imposed on everyone who wields or exercises public power. The Supreme Court has held
that any legislation is amenable to judicial review, be it amendments42 to the Constitution or
drawing up of schemes and bye-laws of municipal bodies which affect the life of a citizen.
Judicial review has empowered the Courts to look into matters such as the President's power
to issue a proclamation on failure of constitutional machinery in the States like in Bommai
case, and even issues relating to the highly discretionary exercise of the prerogative of
pardon like in Kehar Singh case or the right to go abroad as in Satwant Singh case.

CASES DEALING WITH ISSUES OF OLDER PERSONS:

YogeshSadhwani v. Commissioner of Police, 2015 SCC Online Bom 959;

A PIL was filed on behalf of Mrs JayashreeGholkar. This case brought forth a complete
failure of the execution of the Maintenance and Welfare of Parents and Senior Citizens Act,
2007. The Court directed the State Government to file affidavit mentioning therein the steps
taken:

i. To establish tribunal under Sec. 7.

41
Dr Justice A.S. Anand Justice N.D. Krishna Rao Memorial Lecture Protection of Human Rights — Judicial
Obligation or Judicial Activism, (1997) 7 SCC (Jour) 11; Jain S.N., New Trends of Judicial Control in Administrative
Discretion, 11 J.I.L.I., 544, (1969), Jain S.N., Legality of Administrative Discretion, 8 J.I.L.I. 349 (1966)
42
Shankari Prasad Singh Deo v. Union of India, AIR 1951 SC 458; Sajjan Singh v. State of Rajasthan, AIR 1965 SC
845; GolakNath v. State of Punjab, AIR 1967 SC 1643; KesavanandaBharati v. State of Kerala, (1973) 4 SCC 225;
Minerva Mills Ltd. v. Union of India, (1980) 3 SCC 625; Sanjeev Coke Mfg. Co. v. Bharat Coking Coal Ltd., (1983) 1
SCC 147; Indira Nehru Gandhi v. Raj Narain, 1975 Supp SCC 1.

27
ii. Designate a maintenance officer under Sec. 18.
iii. For establishment of old age homes under Sec 19.
iv. To give medical support to the senior citizen as under Sec. 20.
v. for publicity, awareness, etc. for welfare of senior citizen under Sec. 21
This case therefore is an example of judicial intervention to question the efficacy of
the Executive.

Santosh SurendraPatil v. SurendraNarasgopndaPatil, 2017 SCC Online Bom

3053:
The litigating parties in the case were parents and their sons. The respondent was the
son of the Petitioners and was appealing against an order of vacation of the residential
premises owned and constructed by the Petitioners. The court went on to discuss the
need for the enactment of Maintenance and Welfare of Parents and Senior Citizens
Act, 2007. The moral duty to take care of one’s parents was crystallised as a legal
responsibility under this Act. The State also takes it upon itself the guardianship of
Senior Citizens and old infirm parents. The eviction order was upheld by the court as
such an order is permissible under Sec. 23 of the Act of 2007.

People’s Union of Civil Liberties v. Union of India, 2007 1 SCC 728:

As part of interim measures several directions were given by the Court regarding
several schemes. Specifically, in regard to older persons the following order was
made; The States were directed to identify the beneficiaries and state payments under
the National Old Age Pension Scheme. Such payments were to be made promptly by
the 7th of each month.

H. MariyamBeevi v. The Secretary to Government, Government of Tamil Nadu,

Social Welfare and Nutritious Meals Scheme Department, W.P.No.22122 of
2010:
A writ petition was filed challenging an order passed by the Special Tahsildar of
Social Security Scheme. The petitioner was informed that her claim for pension for

28
the old age will be taken up only if her name was included in the list of persons who
are living Below Poverty Line. As per the Muslim Personal law applicable to the
petitioner, there is no obligation for the son-in-law to maintain the mother-in-law and
her elder daughter had underwent an operation and incurred huge expenditure.
Therefore, the impugned order stands set aside and the respondents were directed to
grant old age pension in accordance with the Indira Gandhi National Old Age Pension
Scheme.

H.S. Subramanya v. H.S. Lakshmi, ILR 2014 KARNATAKA 4978:

The petitioners have called in question invalidity of the order whereby the
Maintenance Tribunal and the Assistant Commissioner has directed the petitioners
and the third respondent to pay maintenance to their mother under Section 9 of the
Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The first
respondent was a widow whose husband had executed a Will bequeathing his
properties in favour of his children. A provision was made in the Will for payment of
maintenance to her and she was to be paid an amount by each of her sons. The
petitioners stated that they were paying monthly maintenance to their mother
regularly while the 3rd respondent did not do so. It was stated that the 3rd respondent
pockets the maintenance amount paid to their mother which lead to the petitioners to
stop payment of maintenance. The Tribunal directed all the sons to pay a sum of Rs.
3,000/- every month for the sustenance of their mother, who is unable to maintain
herself. The allegation made by the petitioner that that third respondent will be the
beneficiary if maintenance amount is paid to the 1st respondent does not hold as the
amount is insufficient for the maintenance of the 1st respondent. The petition was
dismissed.

29
CONCLUSION:
Level of awareness about human rights of older people in Indian society, particularly among
older persons is very low. Being a developing country, despite fast increasing elderly population,
there is no special focus on rights of elderly. Therefore protection of human rights of older
people is still not a major issue for most Indians. Largely, over the years, India has developed
into a complex society, with a wide mix of traditional values and modern lifestyle. Older people
have acute sense of rights and wrongs, but they generally do not ask for specific provisions and
applications for themselves. Housing in old age: most old people live in their own houses, with
their families, but their living conditions are not comfortable and their harassment/mistreatment
has become a common phenomenon. Housing conditions of most elderly are not healthy and
comfortable43. In urban areas there is an emerging trend of institutional care of older people
living alone. There is a striking increase in destitute, abandoned and dejected elderly, mostly in
big cities, forced to live in pathetic conditions without any support system.

Food in old age: Proper and nutritious food is one of the major concerns in old age for many
older people of India. Safe drinking water is another core concern in old age. Financial status of
older people There is a contradiction so far as financial status of older people is concerned. Many
older people have higher net worth value but they are hardly financially independent. They have
to depend on their family members for their financial matters due to factors like financial
illiteracy, declining health status, dependence on family members, etc.

Gainful engagement in old age: Despite willingness and ability to work in old age, there are
hardly any gainful engagement opportunities for older people to get decent job and keep them
active. In urban areas elderly people are suffering a lot due to non-availability of gainful
engagement in old age.

43
“India.” The Journal of Asian Studies, vol. 23, no. 5, 1964, pp. 213–305. JSTOR, www.jstor.org/stable/2050981.

30
Social security system: Status of old age social security system including old age healthcare
facilities is dismal as many older persons still have no access to primary healthcare in old age

As the elderly, like all individuals in the society, are in endless interaction with their social
environment, problems of the elderly included a wide range of mingled factors. The problems of
the elderly mainly include the demographic and social characteristics, economic and health
problems, family relationship, community participation and awareness and utilization of social
support systems of the elderly. Given the heterogeneity of the elderly population, sex and
backgrounds of the elderly were considered as the control factors with a focus on the varying
levels of problems of elderly and gap influence throughout the study. The study is exclusive and
advanced in view of the effort made in understanding the varied views of the elderly towards the
problems of the elderly.

31
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