Rights of Senior Citizens in India: A Critical Analysis of Legal

Framework and Implementation

Author Name: Deoyani Vasantrao Nikam
Designation: Assistant Professor
Institution: Shri Omkarnath Malpani Law College
Email ID: deoyanee@[Link]

Abstract

Old age represents one of the most sensitive and vulnerable stages of human life. They face
many problems such as declining health, financial dependency, and increased risk of neglect and
abuse. In India, the traditional family support system for the elderly is gradually weakening due
to urbanization, migration, and changing social values. Prior to 2007, the rights of senior citizens
were safeguarded only indirectly through various personal laws, constitutional provisions, and
general legislations such as the Code of Civil Procedure, the Bhartiya Nyaya Sanhita, and the
Protection of Women from Domestic Violence Act, 2005.

The enactment of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
marked a significant step towards recognizing the specific needs and rights of the elderly by
providing a mechanism for maintenance, protection, and welfare. However, despite of the
existence of comprehensive legal provisions, the practical realization of these rights remains on
papers only. Issues such as lack of awareness, procedural delays, inadequate infrastructure, and
poor implementation by authorities are the factors to erode the effectively implementation of the
law.

This paper critically analyzes the rights of senior citizens under the existing legal framework in
India, with special emphasis on the 2007 Act and related welfare legislations. It examines the
gaps between legislative intent and ground-level implementation, identifies socio-legal
challenges faced by the elderly, and highlights the need for stronger enforcement mechanisms.
The study concludes by suggesting reforms aimed at improving awareness, accessibility, and
effective implementation of senior citizens’ rights to ensure dignity, security, and social justice
for the ageing population.

Introduction:

“As long as a man has ability to earn and save, so long are all his
dependents attached to him, but when he becomes old and infirm, even
his family does not care to even speak a word with him.” Adi Shankaracharya

The statement by Shri. Adi Shankaracharya 1300 years ago about the plight faced by the elder
people is relevant now a days. Aging is a natural process. With the aging, individual, men or
women, start facing miseries of life. Aging affects the physical ‘as well as mental ability to do
things, necessary for dignified survival of an individual. The feeling of inability ‘and ensuing
dependency ‘causes serious mental trauma. According to the law a senior citizen means any
person being the citizen of India, who has attained the age of sixty years or above. Over the
years, with advancement in science, there has been a substantial increase in life expectancy.
According to UN estimates, the aged population in the world is expected to touch 22 per cent by
2050. In 2006, the aged constituted 11 per cent of the world population. In 1961, those above 60
years constituted 5.8 per cent of the national population, which rose to 6.8 per cent in 1991. In
2016, the figure was 8.9 per cent. Going by the 1991 figures, the rate of growth of the aged is
over 60 per cent, which is more than the rate of growth of the total population. Among the aged,
the growth rate of those aged above 70 is greater than that of those aged above 60. The Situation
Analysis of the Elderly in India‖, a study conducted by Central Statistics Office Ministry of
Statistics & Programme Implementation Government of India states that elderly population
accounts for 7.4% of total population as per census [Link] to this report the share and
size of elderly population is increasing over time, and it is projected to rise to 12.4% of
population by the year 2026.

Socio-Economic and Cultural Context of Elder Rights

 Social Challenges

Over time, human life expectancy has increased. People above the age of sixty-five are now
living longer, which also means that they require greater care and support. Their basic needs
include proper healthcare, food, clothing, shelter, and emotional support. However, many senior
citizens face serious social challenges such as inadequate healthcare facilities, poor
infrastructure, changing family structures, lack of social support, and social inequality.

[Link]

Health and social conditions are closely connected in the lives of elderly persons. For leading an
independent life, older people must be able to perform basic daily activities and participate in
social life. As age increases, deterioration usually occurs in three stages. First, the elderly face
difficulty in social interaction. Second, they become unable to perform household work. Finally,
they struggle to carry out personal tasks such as bathing and dressing.

With increasing age, chronic diseases such as diabetes, heart problems, arthritis, and other long-
term illnesses become common. In most cases, these conditions cannot be fully cured and require
lifelong medication. Such health problems often make elderly persons physically weak and
emotionally dependent. This dependency affects family relationships, especially in nuclear
families where the financial and caregiving burden falls on a single earning member.

When it comes to old-age care, India lacks adequate facilities. The number of trained
physiotherapists, nurses, medical suppliers, and caregiving agencies is very limited and poorly
organized. Geriatric care remains a neglected field, as many doctors lack proper training in
dealing with age-related health issues. There are very few specialized institutions for geriatric
training, and government support is minimal. Moreover, existing facilities such as old-age
homes, counseling services, and recreational centers are often too expensive for poor elderly
persons.

[Link] of Infrastructure

Senior citizens often suffer from chronic illnesses that require continuous medical attention.
However, due to poor infrastructure, they do not receive the care and comfort they need. Proper
infrastructure is required not only at home but also in public places such as hospitals, transport
systems, and government offices. The absence of elderly-friendly infrastructure results in neglect
of health issues. Overcrowded care homes, poor quality services, and lack of focus on elderly
welfare further worsen their condition.

[Link] Family Pattern

Traditionally, Indian society followed the joint family system, which played an important role in
protecting and caring for the elderly. Respect for elders was a deeply rooted social value.
However, in recent years, there has been a shift towards nuclear families. This change has
increased the risk of economic, physical, and emotional abuse of senior citizens. With
modernization and urbanization, family-based care for the elderly is likely to decline further in
the future.

[Link] of Social Support

Elderly persons are one of the most vulnerable groups in society. Unfortunately, the Indian
government spends very little on social security systems for senior citizens. In urban areas,
families may hire caretakers, but in rural areas and poor households, such options are not
available. As a result, many elderly persons feel lonely, isolated, and unwanted. With advancing
age, they become emotionally sensitive and often consider themselves a burden on their families.

[Link] Inequality

The elderly population in India is diverse, with differences between rural and urban areas. In
rural areas, elderly persons are relatively less vulnerable because traditional values and joint
family systems are still followed to some extent. However, elderly problems vary across regions
and communities due to caste, class, gender, and cultural differences. Gender inequality is
particularly evident, as elderly women are generally poorer and more disadvantaged than elderly
men, despite having higher life expectancy.

 Economic Impediments

Most elderly persons in India are fully or partially dependent on their family members for
financial support. The situation is worse for elderly women, who often lack independent sources
of income. Poverty is one of the biggest challenges faced by senior citizens, as it increases the
risk of neglect and abuse.
Financial dependence puts pressure on families and contributes to the breakdown of joint family
systems. It also leads to poor housing conditions, economic hardship, and lack of access to
proper healthcare. Retirement is another major issue. After the age of sixty, many people are
forced to retire even if they are capable of working. Retirement leads to loss of regular income,
making elderly parents dependent on their children. Although pension and post-retirement
schemes exist, the amount received is often insufficient to meet medical expenses and daily
living costs.

 Cultural Ramifications

Modern culture has weakened traditional Indian values that placed responsibility on children to
care for their parents. Industrialization, urbanization, and modernization have forced adult
children to migrate to cities for employment, leaving elderly parents behind in rural areas. Most
elderly persons are unwilling to leave their ancestral homes, which increases their isolation.

As a result, elderly persons no longer enjoy the same level of respect, authority, and care within
the family. They are forced to adjust to changing circumstances, which causes mental stress and
emotional insecurity.

Cultural norms such as maintaining family reputation, shame, and silence also contribute to
psychological abuse. Elderly persons often hesitate to share their problems or report abuse,
especially when the abusers are their own children. They feel it is morally wrong to complain
against family members due to emotional attachment. This cultural stigma prevents their voices
from being heard. Therefore, there is an urgent need to break these cultural barriers so that
elderly persons can seek help without fear.

Harmful Cultural Practices

In some parts of India, certain harmful traditions against the elderly still exist. These practices
are similar to involuntary euthanasia and violate the right to life.

(a) Thalaikkooththal

Thalaikkooththal is a practice of killing elderly persons, also known as senicide, found in some
districts of Tamil Nadu. Although it is illegal in India, it is still socially accepted in certain
communities.

In this practice, the elderly person is given an oil bath early in the morning and forced to
consume large quantities of tender coconut water, leading to high fever, kidney failure, and death
within a few days. Other methods include head massage to reduce body temperature, causing
heart failure. In the “milk therapy” method, the nose of the elderly person is blocked, and milk is
forcefully fed, leading to suffocation. In some cases, poison is used instead of milk.
(b) Sallekhana or Santhara

Sallekhana is a religious practice followed by some members of the Jain community. It involves
voluntarily giving up food and water until death. It is considered a religious vow under Jainism.
However, this practice raises serious legal issues as it conflicts with the fundamental right to life
guaranteed under the Indian Constitution.

Sallekhana can last from a few days to several years and takes different forms, such as complete
isolation without food and water, limited movement while fasting, or standing without
consuming food or water until death.

Both Thalaikkooththal and Sallekhana are controversial practices as they violate the right to life,
even though they are justified as cultural or religious traditions. Such practices highlight the need
to balance cultural beliefs with constitutional values and human rights.

III. Rights of Senior Citizens

A. Constitutional Law– Constitution of India envisages protecting the rights of citizens of
India, which includes the senior citizens as well. Under part iv (Directive Principles of
State Policy) provisions are:
1. Article 21, which guarantees the right to life and personal liberty, to include conditions
essential for a dignified and meaningful existence.
2. Article 41: Which directs the state to make effective provisions for securing the right to
work and public assistance in certain cases which includes old age people.
3. Article 46: Which directs the state to protect the interest of weaker sections.
4. Article 47: Provides that the state shall regard the raising of the level of nutrition and the
standard of living of its people and the improvement of public health as among its primary
duties.
B. Personal laws -
1. Hindu Adoption and Maintenance Act, 1956 – Under the Section- 20 of Hindu Adoption
and Maintenance Act, parents are entitled to claim maintenance from their son as well as
daughter if they are unable to maintain themselves. This right extends to both natural and
adoptive parents.
2. 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.
3. Bhartiya Nyaya Suraksha Sanhita - Parents irrespective of the community they belong to
can claim maintenance from their children (Son and daughter, including married daughter) under
Section 144 of BNSS.

C. Analysis of the Maintenance and Welfare of Parents and Senior Citizens

Act, 2007
Indian legislature passes a separate central legislation in 2007 This enactment establishes an
inexpensive, speedy and simple mechanism for the protection of the rights of the senior citizens.
After being passed by both the houses the Bill received an assent from the President of India on
29th December 2007 and was published in the official gazette on 31stDecember 2007. Some
states have already implemented the Act, which some are yet to implement and make rules.
The Act imposes a legal duty upon the heirs and children of the senior citizens to provide them
maintenance. It also imposes duty upon the state government for the establishment of old age
homes. Under this Act senior citizens or the parents can apply before the tribunal for claiming
monthly allowance from their own children or legal heirs.
 Section 2(a) of the Act defines ‘children’ as son, daughter, grand-son and grand-daughter.
This means it only includes biological children and grandchildren. Various instances have
been reported before the court where the parents or senior citizens are being ill-treated by
the daughter- in- law, son-in- laws or by adoptive children and they are able to escape
from the hands of law due to this lacuna.
 Section 2(b) The defines ‘maintenance’ which includes only basic necessities such as
food, shelter, clothing and medical aid. But it fails to address the aspect of safety and
security of the senior citizens or parents.
 Section 2(g) defines ‘relative’ as a person who is in possession of the property or would
inherit the property after the death of the childless senior citizen. As we know that the
wills can be changed, then in such cases how would a person determine the heir of the
property after the death of the senior citizen?
 Section 7 of the Act speaks about Constitution and establishment of Maintenance
Tribunal at every sub- division, where the Tribunal will exercise all the powers of a civil
court. Before entertaining an application, the dispute may be referred to a conciliating
officer for amicability settling the dispute within a span of one month. The application
before the tribunal should be disposed of with a maximum period of ninety days. An
appeal can be filed before the appellate tribunal set up by the state government and has to
be disposed of within one month under section 16.
 Section 9(2) fixes the maximum maintenance allowance as rupees ten thousand per
month, which may be ordered by the tribunal.
 Section 17 of the Act states that parties should not be represented by a legal practitioner.
The idea behind this clause is to save the parties from expensive litigation charges. But
practically, considering the age and health factor of the old citizens, it will not be possible
for them to approach the tribunal by themselves.
 Section 23 states that the tribunal has the power to declare the transfer of property of the
senior citizens void, if their children or heir fail to provide them with the basic amenities
and care.
 Chapter VI of the Act deals with the offences and penalties. If a person fails to pay the
monthly allowance fee, he shall be imprisoned for one month or till the date of payment
of the maintenance fee whichever is earlier. In case of abandoning the parents or senior
citizens a fine of rupees five thousand or imprisonment up to three months or both can be
imposed upon the accused.
A draft bill has been proposed by the Ministry of Social Justice and empowerment in 2018.
But it’s yet to be introduced in the Parliament.
Brief summary of the proposals mentioned in the draft are as follows:
♦ Removal of the cap limits of rupees ten thousand per month as the maintenance allowance.
♦ Section 2(a) defines” Children” includes son or daughter whether biological adoptive or step,
son-in-law, daughter-in-law, grandson, grand-daughter and also includes a minor through his/her
legal Guardian as the case may be
♦ Sec 2 (b) includes “safety and security’ of parents and senior citizens within the definition of
‘maintenance’.
♦ The jail term for abandoning and abusing parents has been proposed to be increased from
three months to six months
Conclusion: In India we have strong cultural values where elderly family members are treated
with honor and respect. Specific law is made for the maintenance and welfare of parents and
senior citizens Indian government also started certain schemes to provide care and support for
elderly people. There are also some Non-Government Organizations which have taken
responsibility of taking care of the aged.
However, family has major role to play in this regard. The young generation of the family needs
to remember the sacrifices made by their elders to make them who they are today. Children are
educated to respect and spend time with elder members of the family. Values like Care of Elders
should be taught in schools. Older persons are the most experienced people and should be given
higher status in the society. It is a need of an hour to frame a strong structure for the
implementation of Schemes and rights of Senior citizens.

“No elderly person should be like an ‘exile’ in our families.

The elderly is a treasure for our society”
– Pope Francis

References
[Link] Shankaracharya, BHAJA GOVINDAM Commentary by Swami Chinmayananda 24,
Central
Chinmaya Mission Trust, Mumbai (2007).
2.“Situation Analysis of the Elderly in India”, Central Statistics Office Ministry of Statistics &
Programme Implementation Government of India (June 2011).
[Link] Research Development: An International Refereed e-Journal
Area: Law, Human rights, Criminal law, Civil Law, Constitutional Law etc.
Problems and Rights of Senior Citizens in India Sanevata Devi and Vikas Kumar Jain

4.A Critical Analysis of Senior Citizens’ Rights in India

Pradipty Bhardwaj*
[Link]://[Link]/laws-relating -to-elder-abuse-in-india/
[Link] Senior Citizens of India: Laws, Rights, and Welfare by SHRADDHA TRIVEDI
INTERNATIONAL JOURNAL OF LAW MANAGEMENT & HUMANITIES
[ISSN 2581-5369] Volume 5 | Issue 3 2022

[Link] of India by [Link]

8. Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

[Link] of India, Ministry of Social Justice and Empowerment, National Policy on Older
Persons, 1999.

[Link] Age India, Elder Abuse in India Report.