NEED OF LAWS FOR SENIOR CITIZENS WELFARE IN INDIA

Niharika Singh

Chanakya National Law University, Patna

1.0 INTRODUCTION

The times have changed and so does the contemporary society. Earlier, the society was based on conventional and traditional values or ethics where family members used to live together which gave them a sense of belongingness. But the transition from agrarian society to the industrial society after industrial revolution, the times have changed completely leaving no sense of belongingness among the people. A major population shift from rural to urban areas or industrial areas had a major impact on the lives of the people. This change was brought particularly to serve the interests of the capitalists. The capitalists were in utter need of the labourers and people were in need of work to earn money for subsistence of their families. This interdependency has a major drawback of having no bargaining power in the hands of workers, consequently resulted in being aloof not only from their family members or society but also lost their self-identity.

2.0 TRANSITIONAL PHASE IN SOCIETY

 The transition from ethical and cultural values to the economic values of human life has drastically transformed the social order. The traditional support which the younger one used to render towards their elderly has gradually vanished with the change in the norms of the society which is driven by capitalism. In contemporary times, in the name of economic development and advancement in technology, people still remain to be part of the same social order where economic and infrastructural development has been put forth on a greater pedestal over ethics, culture and human values, little having the idea it is only promoting the welfare of the capitalist and not the economic development but only the economic growth which is confined to a certain segment of privileged ones.

2.1 SIGNIFICANCE OF ELDER POPULATION

While advancement in the technology also led to the advancement in medical sciences which is a catalysing factor for increase in the average lifespan of the people. But this increase in the average life span has created a population which needs ample care and attention which they have not been given as of now, which is old age people. Elder population is considered as a liability in the economic aspect as well as social aspect. In terms of economy, an aged population not able to work and earn money and contribute towards the economic growth of the nation is not considered an asset for the country but as a financial burden. However, the question arises, that whether any duty has been actually rendered towards this population which is not an asset for discharge from this financial burden by the State? The answer is probably, no.

2.2 REASONS BEHIND NEGLECTING VOICE OF OLD AGE PEOPLE

The working population is majorly the one who constitutes the younger ones but there is a segment of the society, neglected vehemently because of several factors which also includes increased focus on the economic growth. This segment of the population is senior citizen, the one who has served already in the society and fulfilled their roles as a citizen contributing towards the development of the nation.

But, after they enter the old age, and in dire need of care and attention because they are unable to maintain themselves physically or sometimes mentally, they are left at the behest of their children or relatives. The children or relatives, not willing to take care of the elder people, considering them as a burden, financially or physically or sometimes both. We are a part of the social set up where values pertaining to the respect and dignity of the elders has vanished long ago and people are driven by their self-interest, particularly worried about earning more, forgetting the fact that a time will come when they’ll also need care and attention because they will also grow older.

3.0 ROLE OF THE STATE

The responsibility of the State also arises in such a scenario towards a segment of the population which has not been taken care of, at least not through the present social set-up. The inability to maintain and care for themselves in relation to their physical needs not only limited to shelter, food and clothing.

3.1 POLICIES OF THE STATE

The State has formulated various policies and schemes such as National Pension Scheme, Atal Pension Scheme, Indira Gandhi Old Age Pension Scheme,[i] particularly for providing pension to the elder population. Other policies include National Programme for Health Care of the Elderly (NPHCE), National Social Assistance Programme (NSAP), Atal Vayo Abhyuday Yojana’ (AVYAY).[ii] These policies alone are not sufficient to address the issue pertaining to the welfare of the elder population. The elder people need upmost care and attention, not only fulfilling their physical needs but also providing them a legal space which helps them to find better solutions for their other problems holding the relatives or children accountable for their maintenance and well-being.

3.2 LOOPHOLES IN THE POLICIES

One of the important issues related to the welfare of the elder people is that the contemporary legislations, policies or schemes itself as well as their implementation. The role of the State should not be minimal to the formulation of the welfare legislations or policies for the welfare of the older citizens but also regarding their implementation, which is another neglected factor. There are various other factors apart from the monetary support which is needed for the elderly. The social and mental well-being is as crucial as monetary support.

3.3 THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007

The most recent legislation: introduced by the Ministry of Social Justice and Empowerment in 2007,[iii] to ensure a solemn life for the senior citizens against the injustice and unfair treatment by their children or relatives. This legislation calls for the punishment of the children or relatives who neglect their elder members of the family. In the old age, people are depended on their children for their maintenance and hence this is one of the reasons, they were neglected or abused by their loved ones. This Act gives a legal space to be used by the senior citizens to seek maintenance from those on whom they depend.

Children of the elder people do not wish to come forward to look after their parents.[iv] The undesired consequence is that the elder people are deserted or forced to live alone or they are left at the behest of old age homes, even after they are having their own home or property. By and large, in Asian nations, there is a notion of great ‘son preference’ and unconditional love for their children as well as the fear of facing social contempt, if they choose to take a legal recourse or litigation against their children, is again seizing a sense of responsibility from the children towards their parents or elders. The Maintenance and Welfare of Parents and Senior Citizens Act,2007 comes with the aim to impose the same sense of responsibility on the relatives and children on whom the senior citizens depend.[v] 

3.4 IMPLICATION OF TRADITIONAL VALUES

The elder people are promised to be taken care of if they are not able to maintain themselves or their wealth or property. Therefore, in lieu of giving their wealth or the property by way of transferring of property or gift deed, the children are bound to take care of the maintenance of their elder ones. But again, what about those who have no property or wealth or children or any relative? Are they left on the mercy of society or old age homes. The condition of old age homes is as worst as the implementation of the welfare schemes for the elder people.

Moreover, a study by the World Health Organization: ‘Missing Voices, Views of Older Persons on Older Abuse,’2002.[vi] stated the fact that very often the elder choose to suffer in silent rather than to accept that they are being abused. This abuse is neglected not only by the society but also by the government because of the fact that the voice of the elder population is not heard properly, taking crucial towards mitigation of such abuse is still a far-fetched idea because it needs a significant change in the societal norms and order.

The policies or schemes do not address the unabridged lacunae to solve the issue of the welfare of the elder ones and whether the adequate measures have been taken for actually catering to all their needs or its just providing a space for the State to escape from the responsibility for the welfare of the senior citizens.

3.5 INCREASE IN THE AGEING POPULATION

In a nation like India, where the society is primarily based on the tradition, culture and ethics or values, the current elderly population, particularly aged above sixty years and above has reached 153 million and is further expected to reach 347 million by the year 2050.[vii] Ageing is a complex and tangled issue but fails to accumulate satisfactory attention by the government. The elder ones who are not able to maintain themselves physically should be provided enough facilities by the State such as healthcare, medical, housing and sanitation facilities which gives them a prolific space to uplift their emotional well-being apart from their physical needs and also instil a feeling of independency.

4.0 CONCLUSION

Another set of problem is regarding the differences in relation to the organised sector and unorganised sector. The old age population who served in the organised sector is identifiable but what about those who falls out of this ambit, the unorganised sector workers. There are various policies by the government which is coming up for catering to the issue of unorganised sector workers and meanwhile, being this issue already in hand, another issue is regarding the welfare of the elder population who were or presently part of the unorganised sector. The government should come up with appropriate measure to face these issues and finding a significant solution for this rather than merely formulating the policies which is not even implemented, implementation is a critical end to be achieved.

The State should come up with a proper public welfare planning for senior citizens[viii] in the form of legislation which provides legal protection to the senior citizens so that they can also have active participation in the society and in the development of the nation. State can appoint group work consultant whose primary responsibility is to hear the problems of the senior citizens and take suo-moto actions for their protection. In many cases, the so-called ‘preferred son’ throw-out their old aged parents out of their own home, so in that cases where the elder ones who are not motivated enough or bound by the societal fear of being ridiculed, to take legal actions against their own children, the group work consultant can inform the appropriate authority to take actions for the protection of their right to eviction, right of maintenance and others.

5.0 REFERENCES

[i] UNFPA India, ‘India's ageing population: Why it matters more than ever’(December 23, 2023)

[ii]UNFPA India, ‘India's ageing population: Why it matters more than ever’(December 23, 2023)

[iii]Anuradha Thakur, Care of Senior Citizens and the Role of the State, Economic and Political Weekly, [Vol. 43, (Apr. 26 - May 2, 2008]

[iv] Supra 3

[v] Supra 3

[vi] Anuradha Thakur, Care of Senior Citizens and the Role of the State, Economic and Political Weekly, [Vol. 43, (Apr. 26 - May 2, 2008]

[vii] UNFPA India, ‘India's ageing population: Why it matters more than ever’(December 23, 2023)

[viii] Jerome Kaplan, Public Welfare Planning for Senior Citizens (Vol. 34, No. 1, January 1953)