POR: ADITI MARWAHA
India is a country with a large elderly population. We Native Americans are taught from childhood to respect our elders, but unfortunately in the current scenario this is just said and not done. Children are so preoccupied with their lives that they completely forget about the people who are responsible for their existence, which leads to elderly people being abused or placed in nursing homes and daycare centers. This is a sad part as there are 103.6 million seniors (60+) living in India today (Government of India, Ministry of Statistics and Program Implementation, 2016). And according to a recent survey conducted by NGO Help-Age India in 2014, 50% of seniors are abused at home. Among those who suffered abuse, only 59.47% of individuals tried to report the abuse, while 40.53% of individuals failed to report the abuse they were subjected to. The reason cases of abuse are not reported is that most of these mistreated elders are unaware of the rights and resources available to them, and even if they did, they would not report such incidents, as they do not want to ruin their family's position, and they they also fear reprisals, isolation and neglect from their family members if they complain.
The various problems that seniors go through today are:
Economic problems include problems such as job loss, lack of income and economic insecurity.
Physical and physiological problems include health and medical problems, malnutrition and problems with adequate housing, etc.
Psychosocial problem, which includes problems related to your psychological and social maladjustment, as well as the problem of elder abuse, etc.
International efforts to empower older people in different countries have been made, such as the General Assembly drawing up an action plan on aging in 1982, and several follow-up actions have been undertaken since then, such as:
(i) In 1992, the United Nations General Assembly proclaimed 1999 as the International Year of Older Persons.
(ii) The UN General Assembly adopted the “1. October” as International Day of the Elderly, later renamed International Day of the Elderly.
(iii) The UN General Assembly on December 16, 1991 adopted 18 principles divided into 5 groups, namely: independence, participation, care, self-realization and dignity of the elderly.
These principles provide a broad framework for action in aging. Some of the principles are as follows:
(i) Older people should be able to work and choose when to retire.
(ii) Older people should remain integrated into society and actively participate in formulating policies that affect their well-being.
(iii) Older persons should have access to medical care to help them maintain optimal levels of physical, mental and emotional well-being.
(iv) Older persons should be able to take advantage of opportunities to realize their full potential and have access to society's educational, cultural, spiritual and recreational resources.
(v) Older persons should be able to live in dignity and security and should be free from psychological and physical exploitation and abuse.
Also on a national level, the government has enacted certain laws to protect the elderly from such abuse and to live with dignity. There are various provisions as well as rights and privileges that are granted to senior citizens for their convenience. These are the following:
defense of the constitution:
Provisions for Indian seniors are mentioned in the Indian Constitution. Public policy policy principles speak to these provisions. Article 41 and Article 46 are the constitutional provisions that protect the elderly. However, the political principles set out in Article 37 are not enforceable by any court. But political principles impose positive obligations on the state, i. H. what should he do. Political principles were declared fundamental to the governance of the country, and the state was obliged to apply them when legislating. However, courts cannot enforce a political principle because it does not create an enforceable right in favor of an individual. It is very regrettable that the state has not taken a single action that directly relates to the elderly.
Article 41: Right to work, education and, in certain cases, public support. Within the framework of its economic capacity and development, the State takes effective measures to guarantee the right to work, education and social assistance in the event of unemployment, old age, illness and disability, as well as other undeserved deprivations.
Every citizen has the right to work for a certain period of time. They cannot be taken away from their work, whether in the private or public sphere.
Article 41 states that it is the right of an Indian citizen to work, education and public assistance in the capacity of the State.
Article 46: Promotion of educational and economic interests of castes, tribes and other vulnerable groups. The State pays particular attention to the educational and economic interests of the most disadvantaged sections of the population and protects them from social injustice and all forms of exploitation.
legal protection:
under personal law:
The moral obligation to support parents is recognized by all people. However, the status and extent of this responsibility legally differ from municipality to municipality.
With hindus:
According to people's Hindu laws, every Hindu has a duty to take care of their elderly parents who are unable to take care and take care of themselves.
Hindu Adoption and Alimony Act, 1956
The Hindu Child Support and Adoption Act 1956 empowers our seniors with legal rights to claim child support. However, the laws and rights under this law are only accessible to Hindus. These laws do not apply to non-Hindu citizens of the country.
Section 20des HAMA, 1956, deals with the maintenance of children and elderly parents. This section clearly mentions that it is a person's responsibility to support their elderly and elderly parents when they are unable to support themselves.
Section 23this law regulates the amount of maintenance payable to elderly and elderly parents. Pursuant to this section, the court has discretion to determine the amount or change the amount already agreed to be paid to elderly parents if it considers that the amount initially offered may not be sufficient for their survival.
According to modern codified Hindu laws, not only does the son have the responsibility to care for the aged parents; this maintenance obligation also applies to the daughter. Child support claims can be filed by both biological and adoptive parents. However, stepparents who have children cannot claim maintenance under this law.
Muslim law:
Muslims also have a legal right to support their parents if they have the means to do so.
According to the Mulla, a son is entitled to his mother's maintenance even in "stressful" circumstances if she is poor, even if she is not "frail". The son is obliged to support the father even if he earns nothing.
There is no concept of adoption under Muslim law. Therefore, there is no provision in Muslim law regarding the maintenance of foster parents. Christian and Parsi law:
There is no personal right for Christian and Parsi to support their elderly parents. If parents want to claim maintenance from their children, they can request maintenance through the Code of Criminal Procedure.
According to the Code of Criminal Procedure:
The Code of Criminal Procedure is a secular law that applies throughout the region. This does not apply to a specific section and applies to all citizens of the country.
Article 125 of the Cr.P.C. 1973 deals with the maintenance of elderly parents. Elderly parents, regardless of their religion, may apply for child support under this section.
Statutory regulation on parental maintenance was first introduced in 1973 in § 125 paragraph 1 StPO. When, in accordance with the Code, a person of sufficient means neglects or refuses to support his or her incapable parent, a first class judge, upon proof of such omission or refusal, may order that: that person pay a monthly allowance for the maintenance of your father or mother at a monthly rate that the judge deems appropriate. and pay the same to any person the Magistrate may appoint from time to time.
§ 125 StPO obliges sons and daughters, including a married daughter, to support their parents.
The Parental Support and Welfare Act, 2007
This law aims to provide alimony to the elderly in the country. It is a law to establish more effective provisions for the maintenance and well-being of parents and seniors guaranteed and recognized by the Constitution and related or related matters (Parental Maintenance and Welfare Act, 2007). It is a mandatory statute to provide child support as it applies to all over India except Jammu and Kashmir states.
This law defines a senior citizen as a person over 60 years of age and a citizen of India. According to § 5 paragraph 1 of this law, every elderly person who is also a parent is entitled to maintenance; where, as defined in Section 2, “parent” means “father or mother, whether the parent is elderly or not, whether the parent is biological, adoptive, stepfather or stepmother”.
The law provides regulations on the maintenance of childless seniors. These citizens can be maintained by their legal heir or by the person to whom the inheritance can pass on the death of that citizen.
If the senior or parent is legally incapacitated, any other person or non-profit organization authorized by the senior or parent can apply for support for them. This provision is very helpful as most seniors or parents do not have the time and energy to go to court.
Section 24 of the Act provides for punishment for anyone who takes care of an elderly person and leaves the elderly person with the intention of totally abandoning him in a place where no one can find him. Therefore, this law is very useful to protect the dignity of our elderly people.
Under this law, the state government is empowered to establish a maintenance court in each subdivision, which would have the power to decide the value of maintenance. All child support court appeals would be taken to the Court of Appeals (established at the county level).
The law limits the maximum monthly allowance to Rs 10,000 per month. The installation of nursing homes has increased significantly, with at least one nursing home per district.
Other Government Policies:
reverse mortgages– Under such an arrangement, the senior pledges his property to a lender as a borrower, and the lender makes periodic payments to the borrower during his lifetime.
new pension system– This system allows individuals to save a certain amount over their working lives.
Health– The Department of Health and Family Welfare provides separate lines for registration procedures and clinical examinations for seniors in hospitals. This is in addition to the concessions offered in the treatment of conditions such as heart problems, diabetes, kidney problems, blood pressure, joint and eye problems.
Trip-Indian Railways offers a 30% discount on ticket prices to all persons over 60 years of age. It is 50% if the elderly person is a woman over 60 years old. Other facilities such as priority for low births, separate reservation desks (and ticket cancellations), wheelchair ramps at boarding points (at some major stations), specially designed buses with provisions for wheelchair accommodation, handrails and Specially designed buses also set out restrooms for disabled seniors. When traveling by plane, most seniors are advised to board first. In addition, Indian Airlines offers a 50% discount on economy class tickets. And Air India is offering discounts on international flights for seniors over 60.
Bank officer– The Indian government grants high interest rates to its senior citizens for certain savings schemes run by post offices and other private banks. You can also claim income tax exemption up to an income of Rs 1.85 lakhs per annum.
Housing-The Government of India provides residential facilities such as nursing homes and recreation or education centers. These centers provide seniors with the opportunity to spend their free time in various activities. Most recreation centers have yoga clubs, fitness centers, parks, spiritual sessions, picnics, food festivals, libraries, arts and crafts, music classes, and indoor games. It is proposed that 10% of housing built through government programs for low-income urban and rural segments be allocated to elderly people with facilitated loans.
Other-The country's courts give priority to cases involving the elderly and ensure that they are judged quickly.
Pursuant to Sections 88-B, 88-D and 88-DDB of the Income Tax Act, there are tax breaks for elderly persons.
Life Insurance Corporation of India (LIC) has also provided various schemes in favor of the elderly, for example. B. Jeevan Dhara Yojana, Jeevan Akshay Yojana, Yojana Senior Unit, Yojana Health Insurance.
Annapurna-Schemait has been held since 2001, where 10 kg of grains are delivered free of charge to needy elderly people over 65 years old.
Andere Regierungspolitiken sind National Policy for Older Persons, 1999, Integrated Program Scheme for Older Persons (IPOP), Indira Gandhi National Old Age Pension Scheme (IGNOAPS), National Health Care Program for Older Persons (NPHCE).
DIPLOMA
The government of India has made all these arrangements under various marital status laws as well as other laws and has also provided benefits through these schemes for their financial support and to preserve their dignity during these crucial years of their lives. However, the implementation of these provisions is very poor and needs to be stricter as there are many cases of elder abuse and elderly people living in poor conditions without proper love and care. This is rapidly increasing because there are no solid laws for the elderly and with the degeneration of the common family system, the dissolution of family ties and the loss of respect for the elderly in modern times, the family should no longer be seen as a safe place for them. . Therefore, it should be the State's constitutional duty to legislate on the well-being and additional protections of the elderly, including palliative care.