NATIONAL INTELLIGENCE BUREAU

Growing Population & Challenges

The population of elderly persons has been increasing over the years. In India, the population of elder persons increased from nearly 2 crores in 1951 to 7.2 crores in 2001 (about 8% of the total population). This figure is expected to cross the 18% mark by 2025.

Problems of the Aged:

• Economic: Loss of employment, income deficiency, and economic insecurity.
• Physical and Physiological: Health and medical problems, nutritional deficiency, and inadequate housing.
• Psycho-social: Maladjustment and elder abuse.

International Efforts

The United Nations has been active in advocating for the elderly since 1948. In 1991, the UN General Assembly adopted 18 principles organized into 5 clusters: Independence, Participation, Care, Self-fulfillment, and Dignity.

Key Principles:

• Opportunity to work and determine when to leave the workforce.
• Active participation in the formulation of policies affecting their well-being.
• Access to health care, educational, cultural, and spiritual resources.
• Right to live in dignity and security, free from exploitation and physical or mental abuse.

Oct 1st: International Day of Older Persons.

National Protections

I. Constitutional Protection

• Article 41: Right to public assistance in cases of old age, sickness, and disablement.
• Article 46: Protection of weaker sections from social injustice and exploitation.

II. Legal Protections (Maintenance)

• Hindu Law: Under Sec 20 of the Hindu Adoption and Maintenance Act, 1956, both sons and daughters have an obligation to maintain aged parents who cannot maintain themselves.
• Muslim Law: Children in easy circumstances are bound to maintain poor parents.
• Code of Criminal Procedure (Sec 125): Secular law applicable to all religions. Parents can claim maintenance from children (including married daughters) if they are neglected.

Government Initiatives

The National Policy for Older Persons (1999) and other government schemes provide specific benefits:

1. Travel Concessions: 30% discount in trains and 50% in Indian Airlines.
2. Annapurna Yojana: 10 kg food per month for unattended aged persons.
3. Housing: Proposal to allot 10% of houses under government schemes to older persons.
4. Tax Benefits: Discounts under Sec. 88-B, 88-D, and 88-DDB of Income Tax Act.
5. Insurance: LIC schemes like Jeevan Dhara, Jeevan Akshay, and Senior Citizen Unit Yojana.
6. Old Age Homes: Construction of homes and day care centers.

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007

This Act aims to provide effective provisions for the maintenance and welfare of parents and senior citizens.

Key Provisions:

• Maintenance Tribunals: State governments must constitute tribunals to decide on maintenance orders.
• Who Can Apply: Parents or grandparents unable to maintain themselves can apply against children/grandchildren. Childless seniors can apply against relatives inheriting their property.
• Protection of Property: If a senior transfers property on the condition of care, and the transferee refuses to provide amenities, the transfer can be declared void by the Tribunal.
• Abandonment Penalty: Abandoning a senior citizen is punishable with imprisonment up to 3 months or fine up to ₹5,000.
• No Lawyers: No legal practitioner is permitted to represent parties before the tribunal (to keep the process simple).