ARTICLE: Abusive Relationships for

Elders and its Consequences

(CA- I)

COURSE: LL.M (CRIMINAL LAW &

CRIMINAL JUSTICE
ADMINISTRATION)
SUBMITTED TO: Dr. SWAPNIL
PANDEY

SUBMITTED BY: SHUBHAM KUMAR SINGH,

022301000031002010
 ARTICLE: Abusive Relationships for Elders and
its Consequences

INTRODUCTION:

Abusive relationships among the elderly represent a distressing societal issue with profound
implications for individual well-being and public health. This research article delves into the
dynamics of abusive relationships affecting older adults, elucidating the various forms of abuse,
contributing factors, and associated consequences. Through a comprehensive review of existing
literature, this article aims to raise awareness, facilitate understanding, and advocate for
interventions to address this pressing concern. Insights gleaned from this study underscore the
urgent need for tailored support systems and policies to safeguard the dignity and rights of
elderly individuals.

WHAT IS ELDER ABUSE?

Elder abuse refers to any intentional act or failure to act that results in harm or
distress to an elderly person. It can occur in various forms and within different
relationships, including those involving family members, caregivers, or
institutional settings. Elder abuse encompasses a wide range of behaviors that
violate the dignity, rights, and well-being of older adults. Below are the main
types of elder abuse:

1. Physical Abuse: Physical abuse involves the use of force that results in
bodily injury, pain, or impairment. This can include hitting, slapping,
kicking, pushing, restraining, or using excessive force during caregiving
activities. Signs of physical abuse may include unexplained bruises,
fractures, abrasions, or other injuries inconsistent with the individual's
medical history or explanation.

2. Emotional or Psychological Abuse: Emotional abuse refers to behaviors

that cause psychological distress, anguish, or trauma to an elderly person. It
can take various forms, including verbal threats, insults, intimidation,
humiliation, and isolation. Perpetrators may manipulate or control the older
adult through coercion, guilt-tripping, or psychological manipulation. Signs
of emotional abuse may include sudden changes in mood or behavior,
withdrawal from social activities, or expressions of fear or anxiety.

3. Sexual Abuse: Sexual abuse involves any non-consensual sexual contact or

exploitation of an elderly person. This can include unwanted touching,
 sexual assault, coercion, or forcing the individual to engage in sexual acts
against their will. Perpetrators of sexual abuse may be family members,
caregivers, or others in positions of authority. Signs of sexual abuse may
include unexplained genital injuries, sexually transmitted infections, or
changes in behavior related to sexuality.

4. Financial Abuse: Financial abuse entails the improper or unauthorized use

of an elderly person's funds, property, or assets for the perpetrator's benefit.
This can include theft, fraud, coercion, or undue influence in financial
transactions. Perpetrators may exploit the older adult's vulnerability or
cognitive impairment to gain access to their money or assets. Signs of
financial abuse may include sudden changes in financial status,
unexplained withdrawals or transfers, or missing personal belongings.

5. Neglect: Neglect occurs when a caregiver fails to fulfill their duty to

provide necessary care, support, or supervision to an elderly person,
resulting in harm or risk of harm. Neglect can be intentional or
unintentional and may involve withholding food, medication, hygiene
assistance, medical care, or emotional support. Signs of neglect may
include malnutrition, dehydration, untreated medical conditions, poor
hygiene, or unsafe living conditions.

6. Self-Neglect: Self-neglect refers to the elderly person's failure to meet their

own basic needs for health, safety, and well-being. This can include
neglecting personal hygiene, nutrition, medical care, or living in unsanitary
or hazardous conditions. Self-neglect may result from physical or cognitive
impairments, mental health issues, or social isolation.
Elder abuse is a complex and often underreported issue that can have devastating
consequences for older adults' physical health, mental well-being, and overall
quality of life. It is essential to recognize the signs of elder abuse, intervene
appropriately, and implement preventive measures to protect vulnerable older
adults from harm.

WHAT ARE THE SIGNS OF ELDER ABUSE:

The signs of elder abuse can vary depending on the type of abuse. Here are some common signs
for each type of elder abuse:
1. Emotional or psychological abuse:
• Being hesitant to talk freely
• Isolating or withdrawing from others
• Making up implausible stories about how an injury occurred
• Suffering from anxiety, anger, depression, or fear
2. Financial abuse:
 • Large sums of money missing from bank statements
• The senior cannot access their financial records
• The elder provides gifts or monetary reimbursement in exchange for
companionship
• Strange or unexplainable transactions
3. Physical abuse:
• Injuries such as bruises, cuts, or broken bones
• Malnourishment or weight loss
• Poor hygiene
• Symptoms of anxiety, depression, or confusion
• Unexplained transactions or loss of money
• Withdrawal from family members or friends
4. Neglect:
• Injuries such as bruises, cuts, or broken bones
• Malnourishment or weight loss
• Poor hygiene
• Symptoms of anxiety, depression, or confusion
5. Sexual abuse:
• Bruises around the breasts or genital area
• Unexplained venereal disease or genital infections
• Unexplained vaginal or anal bleeding
• Changes in an older adult’s demeanor, such as showing fear or becoming
withdrawn when a specific person is around
• Evidence of pornographic material being shown to an older adult with
diminished capacity
• Blood found on sheets, linens or an older adult’s clothing
• An older adult’s report of being sexually assaulted or raped
It is important to note that these signs may not always be present or may be caused by
something other than abuse. However, if you suspect elder abuse, it is best to follow up on any
suspicion and report it to local authorities

WHAT ARE THE LEGAL RESOURCES AVAILABLE

FOR VICTIMS OF ELDER ABUSE

Legal resources available for victims of elder abuse include the following:
1. Illinois Legal Aid Online provides resources and legal help for victims of elder abuse,
including information on how to get an Order of Protection and how to prepare a safety
plan to protect themselves and their family

2. The Office for Victims of Crime (OVC) provides advice on managing financial
decisions for a loved one, information on how to watch out for scams and financial
exploitation, and what to do if your loved one is a victim of elder abuse
3. The National Long Term Care Ombudsman Resource Center provides support,
technical assistance, and training to the 53 state Long Term Care Ombudsman Programs
and their statewide networks of almost 600 regional (local) programs, with the objective
of enhancing the skills, knowledge, and management capacity of the state programs to
handle resident complaints and represent resident interests

4. The National Adult Protective Services Association (NAPSA) provides resources and
support to Adult Protective Services programs across the country, working to improve
the quality of services for victims of elder and vulnerable adult abuse

5. The National Committee for the Prevention of Elder Abuse (NCPEA) is an

association of researchers, practitioners, educators, and advocates dedicated to
protecting the safety, security, and dignity of America’s most vulnerable citizens.
NCPEA’s mission is to prevent abuse, neglect, and exploitation of older persons and
adults with disabilities.

6. The National Council on Child Abuse and Family Violence provides

intergenerational violence prevention services by bringing together community and
national stakeholders, professionals, and volunteers to prevent family violence, child
abuse and neglect, spouse/partner abuse, and elder abuse.

7. The Foundation Aiding the Elderly serves as a voice for patients and works to bring
about national reforms and enforcement of the laws governing the nursing home
industry and its regulatory agencies in order to assure proper care, civil rights, and a
meaningful, dignified life for the elderly in long-term care facilities.

8. The National Clearinghouse on Abuse in Later Life is a nonprofit organization that

aims to eliminate abuse in later life by challenging beliefs, policies, practices, and
systems that allow abuse to occur and continue, and to improve safety, services, and
support to victims through advocacy and education.

9. The Bureau of Justice Assistance provides a Pocket Guide for Law Enforcement on
Legal Issues Related to Elder Abuse, which includes information about the types and
definitions of elder abuse in state laws, possible indicators of each type, and possible
crimes for each type of elder abuse.

10. The National Center on Elder Abuse provides information on the types and
definitions of elder abuse, possible indicators of each type, and possible crimes for each
type of elder abuse.

11. The DC Victim Hotline provides a list of frequently needed resources related to elder
abuse and neglect, including Adult Protective Services, which investigates reports of
alleged cases of abuse, neglect, and exploitation by third parties, and self-neglect of
vulnerable adults 18 years of age or older

12. The Centers for Disease Control and Prevention (CDC) provides resources on elder
abuse, including the Eldercare Locator, a public service of the U.S. Administration on
Aging that connects older adults and their families with local resources for aging
services
 13. The U.S. Department of Justice, Office of Justice Programs, National Institutes of
Justice (NIJ) is dedicated to researching crime control and justice issues, including
elder mistreatment, and identifying promising, emerging practices and evaluating their
effectiveness in improving prevention, detection, and intervention efforts

14. The U.S. Department of Justice, Office of Justice Programs, Office for Victims of
Crime (OVC) provides resources and links to many agencies that will assist a senior,
including information on the types and definitions of elder abuse, possible indicators of
each type, and possible crimes for each type of elder abuse.

15. The WHO Report on Tackling abuse of older people: five priorities for the UN
Decade of Healthy Ageing 2021–2030 presents the priorities for tackling abuse of
older people in a coordinated, strategic way within the Decade.

16. The American Bar Association (ABA) Commission on Law and Aging works to
strengthen and secure the legal rights, dignity, autonomy, quality of life, and quality of
care of elders by supporting and initiating research, policy development, technical
assistance, advocacy, education, and training.

17. The Center of Excellence on Elder Abuse and Neglect, University of California
Irvine provides medical, forensic, and victim services to abused and neglected seniors
and serves as a central source of technical assistance, best practice information,
multidisciplinary training, useful research, and relevant policy issues in California.

18. The Clearinghouse on Abuse and Neglect of the Elderly (CANE) is the nation’s
largest computerized catalog of elder abuse literature, with over 6,000 entries, and
serves as a central source of technical assistance, best practice information,
multidisciplinary training, useful research, and relevant policy issues in California.

19. The International Network for the Prevention of Elder Abuse (INPEA) is an
organization dedicated to the global dissemination of information as part of its
commitment to the world-wide increase society’s ability, through international
collaboration, to recognize and respond to the mistreatment of older people in whatever
setting it might occur, so that the latter years of life will be free from abuse, neglect, and
exploitation.

20. The National Adult Protective Services Association (NAPSA) is a national nonprofit
501 (c) (6) organization formed in 1989 to provide state Adult Protective Services
program solving problems, and improving the quality of services for victims of elder
and vulnerable adult abuse.

21. The Violence Prevention Evidence Base provides access to abstracts from published
studies that have measured the effectiveness of interventions to prevent elder abuse.

These resources provide a range of services and support for victims of elder abuse, including
investigation and intervention, counseling and advocacy, and access to legal and financial
resources. It is important to note that the availability of these resources may vary by location, so
it is important to check with local authorities or organizations for specific information on what
is available in your area.
WHAT ARE THE LEGAL RESOURCES AVAILABLE
FOR VICTIMS OF ELDER ABUSE IN INDIA

In India, the laws relating to elder abuse are primarily covered by the Hindu Adoptions and
Maintenance Act, 1956, and the Code of Criminal Procedure, 1973. The Hindu Adoptions and
Maintenance Act, 1956, provides provisions for the maintenance of parents and grandparents,
while the Code of Criminal Procedure, 1973, includes provisions for the protection of women
and children, which can also be applied to elder abuse cases

The Delhi High Court has also taken steps to address elder abuse by setting up a dedicated
Elders Helpline, which provides legal and medical assistance to senior citizens who are victims
of abuse. The helpline is operated by trained counselors who visit police stations once a week
to create awareness about the services available.

In addition to these legal provisions, various nongovernmental organizations (NGOs) play a

crucial role in addressing elder abuse in India. For example, HelpAge India and the Agewell
Foundation provide financial and emotional support to older adults, while also advocating for
their rights and welfare.

However, despite these efforts, elder abuse remains a significant problem in India, particularly
among older women, rural residents, and the non-rich. Existing policies to address elder abuse
limited, and there is a need for more comprehensive laws and policies to protect the rights and
dignity of older adults.

For victims of elder abuse in India, resources such as the Elders Helpline and various NGOs
can provide legal and medical assistance, as well as emotional support. Additionally, the Hindu
Adoptions and Maintenance Act, 1956, and the Code of Criminal Procedure, 1973, provide
legal protections for older adults who are victims of abuse. It is important for older adults, their
families, and caregivers to be aware of these resources and legal protections to ensure the safety
and well-being of older adults in India.

STEPS TO REPORT ELDER ABUSE IN INDIA

To report elder abuse in India, the following steps can be taken based on the information
provided in the sources:

1. File a written complaint with the jurisdictional police station: The first step is to
make the police aware of the abuse by filing a written complaint. If the victim cannot
write, they can verbally inform the police, who will document the complaint.

2. File a First Investigation Report (FIR) for admissible offenses: If the abuse involves
an admissible offense, assault, or injury, an FIR should be filed at the police station. The
police must register the FIR and investigate the complaint to determine its validity.
 3. Obtain a wound certificate from a government hospital: After the police investigate
and confirm the abuse, the victim should be taken to a government hospital for a
medical examination. A wound certificate will be provided based on the examination,
which will be used to file a charge-sheet against the accused.

4. Seek assistance from helplines: Victims can also reach out to Elders Helplines in their
respective cities for support. The helpline coordinators can help in filing a written
complaint and facilitate communication between the parties involved to resolve the
dispute amicably.

By following these steps, individuals can report elder abuse in India and seek the necessary
legal assistance and support to address the issue effectively.

CONCLUSION AND HOW CAN WE STOP THIS?

To stop elder abuse in India, the following steps can be taken:

1. Raise Awareness: Public education and awareness campaigns are crucial in combating
elder abuse in India. These campaigns can play a pivotal role in disseminating
knowledge and promoting a culture of respect and care for seniors.

2. Strengthen Legislation and Policies: Governments should continuously review and

update existing legislation to ensure its effectiveness in preventing and addressing elder
abuse. This includes provisions for increased penalties for offenders and streamlined
reporting and investigation procedures.

3. Enhanced Professional Training: Institutions like KITES Senior Care and caregivers
should receive comprehensive training on recognizing the signs of abuse, conducting
assessments, and implementing effective care strategies. This training should also
emphasize the importance of maintaining the dignity, autonomy, and well-being of
older adults.

4. Promote Social Support Networks: Building robust social support networks for
seniors in India is crucial. Community organizations, senior centers, and support groups
can provide avenues for socialization, emotional support, and assistance, thereby
reducing the vulnerability of older adults to abuse.

5. Establish Accessible and Confidential Reporting Systems: Establishing accessible

and confidential reporting systems in India is essential to encourage individuals to
report cases of elder abuse. These systems should be supported by clear protocols for
reporting, investigation, and follow-up.

6. Monitor and Report: If you suspect elder abuse, report it to the jurisdictional police
station, file a First Investigation Report (FIR) in case of an admissible offence, assault,
or injury, and obtain a wound certificate from a government hospital. Approach the
helplines, such as the Senior Citizens National Helpline, Government of India Toll-Free
 Number (14567) or HelpAge India National Helpline (18001801253) or Police Number
(100), for assistance.

7. Educate and Empower: Educate older adults and their caregivers on how to report
abuse and empower them to take action if they suspect any type of elder abuse is
occurring.

By taking these steps, we can work towards stopping elder abuse in India and ensuring the
dignity, autonomy, and well-being of older adults.

BIBLIOGRAPHY

1. https://timesofindia.indiatimes.com/blogs/voices/preven
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3. https://www.thebetterindia.com/221469/senior-citizen-
abuse-physical-mental-trauma-how-to-report-helpline-
india/
4. https://www.dignityfoundation.com/elder-abuse-in-
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5. https://www.deccanchronicle.com/lifestyle/health-and-
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