An Act for Parents And Senior Citizen

Traditional norms and values of the Indian society laid stress on providing care for the elderly. Many older persons, particularly widowed women are now forced to spend their twilight years all alone and are exposed to emotional neglect and to lack of physical and financial support. This clearly reveals that ageing has become a major social challenge and there is a need to give more attention to the care and protection for older persons. Though the parents can claim maintenance under the code of criminal procedure 1973, the procedure is both time consuming as well as expensive. Hence, there is a need to have simple, inexpensive and speedy provisions to claim maintenance for parents.

The Maintenance And Welfare Of Parents And Senior Citizen Act 2007 is more effective for the maintenance and welfare of the parents and senior citizens guaranteed and recognized under the constitution and for matters connected therewith or incidental thereto. The Act is not restricted to only providing maintenance but cast an obligation on the persons who inherit the property of their aged relatives to maintain such aged relatives.

One of the major aims of this Act was to provide for the institutionalization of a suitable mechanism for the protection of ‘life and property of older persons’.

Who can file an application under this Act –

A senior citizen including the parent who is unable to maintain himself from his own earning or out of the property owned by him shall be entitled to make an application for maintenance under this Act in case of –

• A parent or grandparent, against one or more of his children not being  a  minor
• A childless senior citizen, against such of his relative means legal heir of a childless senior citizen who is not minor and is in possession of or would inherit his property after his death.

Before Whom application be filed under this Act –

A senior citizen or parent can file the application under this Act before the tribunal constituted under the Act. The tribunal shall be presided over by an officer, not below the rank of Subdivision officer of the State.

Against whom application can be filed –

The Act has some limitations. This Act is specifically for parent and senior citizen and under this Act applicant/parent/grandparents file the application against the son, daughter, grandson granddaughter and legal heir who is not minor and is in possession of or would inherit his property after his death.

Conclusion –

Proceeding under the Maintenance And Welfare Of Parents And Senior Citizen is in summary nature. It is fast in the procedure as compared to the civil court. Now parents who are neglected and torture by their children can file a complaint to the tribunal.