It is well said the, "God cannot be available everywhere so that's the reason
why he made parents." Parents are something kind of treasure which if a person
acquires it he is termed to be rich. They are the ones who change their own will
just for the sake of their children, they try to give what's best for them and we
as a child owe them alot. Because it is because of them that we came to this
world, we went school, learned many things and later when we get great jobs just
because of our education we should thank them for providing all the means for
this very moment. But the big Irony is that when these children becomes unmoral
They just have to torture their parents, humiliate them and in some cases they
are send to old age homes. And have you ever noticed? while these morons are
doing all this, they just accept what their children are doing and they drink up
all there sorrows and just smiles to their faces, that is what parenthood is all
I heard a case in United States Of America, Ohio where a 93 year old father was
taking care of his 63 year old son who was a cancer patient, In the age of 93
the father is still caring for his cancer patient son and the world wanna live
in a nuclear family. but why?
Can you guys could get this sort of care in a nuclear family? The reason why we
are changing our family trees from joint to nuclear family is that the children
seek their parents as a burden. And a person having a same thinking like this
just need to be answered. So, my dear friend, if your mother would consider you
a burden when you where their in her pelvic region for 9 months, you wont be
present right now in the beautiful world.
Dont worry everything that goes around comes around, 'KARMA' is something which
everyone has to deal with. And maybe you're children would do the same like
you're treating your parents right now.
In India because of this American mentality people started to take parents as a
burden, they treat them like they are nothing to them but they always forget
that their existence in this world is just because of them. Due to all this the
children's sometimes let their parents out of their house just because to gain
property of the parents, once a wise man said," if a brain is stupid, the
thoughts from them are also stupid". And these brains are of these children's
who for the sake of property disrespect their parents but you stupid brains, the
will is under the hands of your parents and they are the real key to the
property and if you break your relation with the key then the door of property
are forever locked for you.
The Indian society went from many traumatized cases of torturing the senior
citizens in their homes by their children's and so the Parliament came with a
bill introducing about maintenance and welfare of senior citizens and parents
act,. Both the houses passed the bill and the bill got president's assent on
Dec,2007. Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a
legislation, initiated by Ministry of Social Justice and Empowerment, Government
of India to provide more effective provision for maintenance and welfare of
parents and senior citizens. It makes it a legal obligation for children and
heirs to provide maintenance to senior citizens and parents, by monthly
allowance. It also provides simple, speedy and inexpensive mechanism for the
protection of life and property of the older persons.
The 1st case under this act came from south India in 2010 where wife and husband
(senior citizens) filed a case against their son and daughter-in-law as they
took their house an gold from them. The house and the gold belonged to the
spouse but they were under illegal possession by their son and daughter-in-law.
Apart from this above case there are many cases like the same and some even are
not filed because either they are murdered or they are not allowed to go out
their own houses. In the need to protect senior citizens and parents the Indian
government came up with this act.
Significance Of This Development
The main significance of this act is to protect, maintain and for the welfare of
senior citizens of the country, as they are also the part of this country, and
they do have some fundamental rights with them and lastly they are voters for
the political party too.
The development of this act gives a great right to the parents because they are
the one that needs respect and all the care they provided to their children and
they expect the same from them but because of their change of mind the children
does not do so and they forget that how much they owe to their parents.
Apart from Children not maintain their parents, this act also covers that if a
father is not able to maintain himself with his income then it is the duty of
the child to maintain them. If such children is not maintaining his parents or
senior citizen respectively, then the parents/senior citizen can seek the
assistance of Tribunal constituted under this Act, to enforce the remedy of
Such parents/ senior citizen can file an application before the Tribunal,
claiming maintenance and other relief's from their children/relatives as the case
may be. If such children/relative who are directed to pay maintenance fail to
comply with the order of tribunal without sufficient cause, the Tribunal may
issue warrant for levying the due amount from them in the manner levying fines
and can also sentence the erring respondent to imprisonment that may extend to
one month or until payment made whichever is earlier. The Tribunal will not
issue Warrant to execute the order of maintenance, if such petition for
execution is filed after a period of 3 months from the date on which the
maintenance is due.
The application under this Act can be filed before the Tribunal in any district,
where the applicant resides or last resided or where children or relative
resides. The evidence of proceedings shall be taken in the presence of
children/relative against whom relief is sought and if such respondent is
willfully avoiding service of summons or neglecting to attend the Tribunal, the
Tribunal may proceed and determine the case ex-parte. If the Tribunal is
satisfied that such children/relative against whom such application for
maintenance is pending, neglect or refuses to maintain the parents/senior
citizens as the case may be, may order such children/relative to pay monthly
allowance to such applicant. The maximum amount of maintenance that can be
allowed by the Tribunal is Rs.10,000/-per month.
The issue of the protection of elderly person's right becomes very sensitive.
Although in our present days there is a random upliftment of our lives towards a
modern and globalize society, the traditional norms and status of senior
citizen are randomly degraded. They lack physical, financial and emotional
support. They are totally exposed to such a vulnerable situation where there is
no one to act as a balm to their wounded souls, not even their own children. To
eradicate this agony some legislative measures are taken into force, but to some
extent these are inadequate to cope up all the complicated and problematic
This act came in a very later stage but finally it was passed because the
society really needed these laws so that the senior most citizens could also be
protected from their own children. It is termed that a senior citizen is a book
of knowledge and they have all the knowledge of how you should live a life and
they have so much experience from their childhood time uptill date that these
people our the teachers of morals and ethics but see to their bad lucks that
they are thrown out or are not maintained by there own children.
By bringing out the Maintenance and Welfare of Parents and Senior Citizens Act,
the Government has taken a big step towards bringing a smile to the faces of the
elders of our society. As a nation, it is every citizens duty to ensure that
Senior Citizens live a happy, healthy and secure life. They took care of us in
their youth and helped us grow; we owe them a better tomorrow. Enforcing this
act brought many changes in the society and many senior citizens people and
parents got to now that they have still rights and power with them and their
relatives or children are bound to maintain them and if they don't do so then
they can take help of the courts.
By bringing this act the major point for this act was safe living for the senior
most citizens of the country and they aslo have the right to life and because
they still they have their fundamental rights with them the parliament made
these laws just for them so that there children does not refuse them for any
kind of maintenance.
This act stated for the development of old age homes in every state and it is
the duty of state to accommodate indigent senior citizens in these old age homes.
The state have to develop these old age homes for the people living there with
taking care of medical treatment of every person and of the entertainment too.
The impact on children was the main purpose of this act because due to
disrespect from there children the old people are left alone or are left
somewhere else. Now with this act in force it is the duty of children to take
care of their parents and if children are not there then relatives, because if a
old man cannot maintain himself then his children or relative have to maintain
Section 20(3) of the Hindu Adoption and Maintenance Act provides for the
obligation of a person to maintain his or her parent whenever they are unable to
look after themselves. This provision does not make it mandatory that each and
every person, whether male or female, they has to look after their parents, but
the law turns to be mandatory when there is a violation in maintaining our
parents. While going through the Muslim Law of maintenance, same principle has
been applied, i.e. every person is bound to look after their parents according
to their financial capability.
There is yet another provision regarding the rights for older people which is
well enumerated in various provisions under Maintenance and Welfare of Parents
and Senior Citizens Act, 2007. Under this Act, there is a clear picture
regarding the definitions of parents as well as senior citizens which is
provided in chapter 1 and their maintenance and related provisions in chapter 2.
The Act makes it mandatory that senior citizens as well as parents who are
unable to look after themselves, are to be maintained so as to earn a good
living. Even though there are such strong enactments in our country, rights of
senior citizens and other elderly people are still locked inside the four walls
of such statutes. In this context, there comes the importance of various
government/non-government organizations working in favour of such elderly people
of the society.
Many organizations in our country plays a pivotal role in
looking after senior citizens and many other legal and organizations stands for
their rights. The most appreciable part is that such organizations are running
free of cost for the ones who are in need of care and protection.
The act made a great support for the senior people, the rights which this act
offers them is what they need for a healthy and a good living. Not the senior
citizen only but every other citizen of this country has the right to live a
good life and so our constitution tells care of that for us.
In India every Bill whenever is made in the parliament, it is properly looked by
both the houses that the bill introduced is not vilatiing any Constitutional
Article and the bill introduced for a particular group in society have that
right with them or the bill is Ultra Vires in context with the constitution.
However, Constitution of India does not specifically as well as particularly
provide the rights for senior citizens of our country but in general all the
fundamental rights can be availed by all the citizens of India. Therefore, from
this one can conclude that indirectly all those rights can be used as the
protective measures by senior citizen. An infringement of those rights is
subject to judicial review. Some fundamental rights and some directive
principles of state policies can be vividly used by senior citizens to establish
their rights. Those are discussed in the following manner.
Article 21 of Indian constitution protects life and personal liberty of an
individual. But the judicial intervention expands the scope of Article 21 by
which if paves way to include the various types of rights including right to
enjoyment of pollution free and healthy environment, the right to health and
medical care ,emergency aid to medical facilities, right to livelihood, right to
live a dignified life right to social security and right to live with proper or
just reputation of a person in his valuable asset.
Apart from these above, there are so many landmark judgments, which directly do
help to uplift the vulnerable position of the deprived senior citizen. Right to
have shelter, right to free legal aid, right to speedy trial, right against in
human treatment, are some of those. It is noteworthy to mention here that in a
landmark judgment, the Apex court has held that the state is bound to protect
the life and liberty of every human being where he is a citizen or non-citizen.
In Another landmark judgment, the Apex court has held that the people who are
starving because of their inability to purchase food grains have right to get
food under Art. 21 and therefore they ought to be provided the same free of cost
by the States out of surplus stock lying with the states particularly when it is
unused and rotting. The court held that under such a situation food grains be
provided to all these who are aged, infirm, disabled, destitute women, destitute
Accordingly, the court directed the states to make surplus food grains lying in
go downs available to all of them immediately through PDS shops to avoid
starvation and mal nourishment. In this context, two recent judgments are
noteworthy to be mentioned.
- Firstly, right to electricity is included in right to life and
- Secondly court held that the wife could not object to the donation of an
organ by husband to his ailing father on the ground of violation of her
fundamental right to life under Article 21 of Indian Constitution.
Article 41 is in the part IV of the Constitution i.e., Directive Principles of
State Policy. According to this Article, the State shall, within the limits of
its economic capacity and development, make effective provision for securing
right to work, to education and to public assistance in case of unemployment,
old age, sickness and disablement, and in other cases of undeserved want.
Therefore, this Article 41 has particular relevance to old age social security.
Article 309 of Indian Constitution says that the acts of appropriate legislature
may regulate the requirement and conditions of service of persons appointed to
public services in connection with the affairs of union or of any state. The
governments concerned frame rules and regulations from time to time laying
conditions of service including retirement benefits to its employees.
This very article provides that the recruitment procedure, appointment and
service condition rules of Union and States will have to pass through the test
of 'Constitutional validity' .That means the union and state legislatures cannot
frame out any regulation which clashes with the fundamental rights of a citizen.
So from the above discussion one can say that if the conditions for retirement
whether it is compulsory or voluntary or any other service condition which
affects the rights of an aged person can be challenged and struck down. Our Apex
court has laid down that if a compulsorily retired person has not been provided
the reasonable opportunity to defend, the principles of natural justice, the
sine-qua-non of every proceeding and the requirements of Article 21, the
signature true of Constitution of India have not met with, the retirement order
cannot be said to be valid on the touch stone of judicial review.
In the constitution of India, entry 24 in list III of schedule VII deals with
the concept of welfare of labour, including condition of work, provident funds,
liability for workmen's compensation, invalidity and old age pension scheme etc.
Therefore, Union and State both can make separate pension rules to provide
social protection and security to the aged. The story does not end here. Our
Constitution also empowers the states under the entry no. 42 to frame the laws,
rules and schemes separately for the aged. Item No. 9 of the state list and item
no. 20, 23 and 24 of concurrent list relate to old age pension, social security,
insurance, social and economic planning.
The parameters laid down in the Preamble and the concepts of welfare states are
the guiding principles. For security and protection through the means of
socio-political-economic justice, the state shall strive to reduce the
inequalities in income, status and provide facilities and opportunities. In
order to achieve these goals some statutory provisions are provided for the
upliftment of aged persons or senior people in every sphere of their lives.
Senior Citizen Act is most prominently one of them.
Historical Background of the Maintenance And Welfare of Parents And Senior
Citizens Act, 2007
In pursuance of the understanding at International level, the Govt. of India
initiated and declared National Policy on Older Persons in 1999. This NPOP
recognized certain rights of the aged people and further declared government's
responsibilities towards providing economic and social security along with
healthcare facilities and protection of life and property of the aged people. In
spite of the declaration of said policy in 1999, even after decade no steps were
taken to implement it. There was strong and consistent pressure from different
organizations, NGOS on the Govt. regarding the implementation of it. This
resulted in the passing of the legislation in 2007.
Parent (father or mother whether biological, adoptive or step father or step
mother, whether senior citizen or not) or grand-parent who is unable to maintain
himself is entitled to claim maintenance from one or more of his adult children
(son, daughter, grandson and grand-daughter but does not include a minor).
Obligation of the children to maintain their parents extends to such needs of
the parents which will allow them to lead a normal life. Additionally, this Act
also makes provision for maintenance of childless senior citizens (who has
attained the age of sixty years or above) by their relatives. The "relative"
means any legal heir of childless senior citizen who is in possession of his
property or would inherit it after his death, but it does not include a minor.
If the parents or senior citizens are incapable of applying for monthly
allowance for maintenance themselves, in that case, an application can be made
through any other person or organization authorized by them. Such an application
has to be decided by Maintenance Tribunal within a maximum period of 120 days
from the date of service of notice to children/relative. If children/relative
fails to comply with the orders of the Tribunal, this may result in imprisonment
up to one month. [Section 5].
The Tribunal may order the children/relative to make a monthly allowance at a
rate deemed fit by the Tribunal. However, the maximum amount of maintenance
cannot exceed Rs 10,000 per month. [Section 9]. The order of maintenance may be
altered by the Tribunal on proof of change in circumstances [Section 10].
Shri Kulwant Singh Vs. Dr. Laljee Kent and ors.
Though not directly relevant, the court is mindful that Parliament enacted the
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, with a view to
providing for senior citizens who are neglected by their children or near
relatives; the enactment provides positive rights of claiming maintenance, (by
the senior citizens) from those relatives who are likely to inherit their
property. Here, the first defendant is the plaintiff's son; it would be a gross
understatement to say that he does not 'get along' with his father - a sentiment
apparently shared by the other defendants.
They do not say that the plaintiff is not suffering from the ailments stated by
him, or that his wife too is suffering, as alleged. They do not say that the
plaintiff has other properties, or has filed this suit out of some motive; their
case is some right vested because of an oral partition, as the first defendant
had given some money to the plaintiff to carry on construction.
Prima facie, it appears that the attempt to keep possession of a part of the
ground floor property is to acquire 'leverage' so that in the eventuality of the
plaintiff's death, the defendants can consolidate their hold on the property. It
is not explained how the living arrangement has crystallized into a property
right, based on a vague 'oral' partition of property that was never shared.
Partition is only where the ownership is joint, or undivided.
Shadab Khairi & Anr vs.the State & Ors
It must be observed that in instant proceedings, neither the vires of the Act
nor the Rules framed there under have been assailed on behalf of the appellants.
What is assailed is the competence of the Maintenance Tribunal to render an
order of eviction under the Act. LPA7832017 Page 9 Further, it is canvassed that
the Act does not contemplate eviction per se. Alternatively, it has been urged
that respondent No.3 being possessed of sufficient means and assets was
disentitled from maintaining an application seeking maintenance within the
meaning of the provisions of the Act.
We do not agree. At the outset, we had elaborated on how beneficial legislation
in a welfare State demands a liberal interpretation wide enough to achieve the
legislative purpose and be responsive to some urgent social demand in a welfare
State. The object for which the Act as well as the subject Rules, extracted
hereinabove, were brought into force, namely, for the welfare of parents and
senior citizens and for protection of their life and property, leave no manner
of doubt that the Maintenance Tribunal constituted under the Act has the power
and jurisdiction to render the order of eviction.
The issue framed hereinbefore is, therefore, decided against the appellants.
Before parting, it would be incumbent for us to observe that the appellants have
failed to show any rights to continue to occupy the subject property against the
wishes of respondent No.3, especially when the latter has complained of
ill-treatment and harassment at the hands of the former.
Further, whilst exercising extraordinary jurisdiction under Article 226 and 227
of the Constitution of India, the courts of equity can both refuse or grant
relief in furtherance of public interest on considerations of justice, equity
and good conscience. LPA7832017 Page 10 23. In view of the foregoing discussion,
we are of the considered view that the appeal is bereft any of merit and the
same is accordingly dismissed.
The SHO, Police Station-Hauz Qazi is directed to comply with the directions
issued by the Maintenance Tribunal and put respondent No.3 in possession of the
subject property forthwith.
While I went to this act I got to learn alot about it and most importantly about
the right of maintenance to thr senior citizens by their children. Theses are
some of salient features of this act;
Salient Features of the Act:
This is an unique Act dealing with the issue of senior citizens and having
following important feature in it:
- This legislation provides for the maintenance of parents and senior
citizen. The definition of maintenance covers all necessities and
requirements of life.
- It also includes childless senior citizen. He can claim maintenance from
other relative who is a legal heir of that senior citizen or who is in
possession of or would inherit his property after his death.
- The State Govt. has to constitute the Tribunal. The Tribunal can take
cognizance suo-moto as well as upon receipt of application by senior
citizen. So, it's jurisdiction is very wide.
- The maximum maintenance allowance may be prescribed by the State Govt.
and which shall not exceed Rs. 10,000/- per month.
- The person against whom an order is passed has to comply with the order
within one month.
- In holding inquiry, the Tribunal may follow summary procedure. And it
has all the powers of Civil Court.
- Copy of the order should be provided to the parents or senior citizen at
free of cost.
- Appeals are required to be filed within 60 days But appeal can be
entertained by the Appellate tribunal beyond this period with sufficient
- State Govt. has to establish and maintain old age homes at least in each
district which shall have minimum 150 senior citizens who are indigent. This
Act is having provisions for medical care for senior citizens.
- A senior citizen who has transferred his property either to his children
or any near relative by virtue of a will or gift, can cancel the same by
applying to the tribunal, if he/she is neglected or refused to provide basic
?This Act, bars the jurisdiction of a civil court and further provides that
no injunction shall be granted by any Civil Court in respect of anything done or
intended to be done by or under this Act.
From the above features it appear that senior citizen is now protected from all
sides. After the passing of this enactment, various bills came into force to
rectify or improve the existing legislation. Recently another bill comes into
being in 2017. Some recommendations are made viz. constitution of National
Commission and its functions etc.
Drawbacks And Suggestions: Analysis
The legislative draftsmen have taken a adequate care and caution to protect the
rights of old parents and senior citizens. But there are many areas for which
the proper and effective implementation cannot be made possible. Some of
these are discussed as follow:
- First of all maximum monetary relief of Rs. 10,000/- is provided under
this Act which is not adequate to the person who is residing in city or who
is suffering from any illness where medical expense is huge. Not only that
sometimes it appeases that against whom the order is made the person
concerned is rich enough to bear more burden. So, this is a great loophole
of this Act. It must be amended.
- Secondly, total exclusion of legal professionals and total exclusion of
the jurisdiction of civil court is not at all beneficiary.
The participation of legal professionals must be optional. The old persons
who are indigent, can avail the benefits of legal aid.
The Act mentions that Sub-divisional officer is to be presided as the officer of
Tribunal, He is already overburdened by his administrative works. Some legal
technicalities may arise or some situation may also arise where the presiding
officer has to declare any right, title or interest in favour of the aggrieved
party, which is beyond the power of an administrative officer.
In those situations the court can handle it more maturity and excellencies.
Therefore, total exclusion of court's jurisdiction is not justified.
The Act allows the state Govt. to establish old age homes, it does not make it
The Act does not clear the view regarding the taking of responsibility of senior
citizens who do not have children or any relative. In that situation whether
state will take the burden or not and what will be the extent. If the son is
indigent, how can he maintain his parents or grandparents? How would the
Tribunal adjudicate such disputes? So all those provisions should be inserted by
A situation may arise where parents who have no son but only daughter and they
reside with their daughter and son-in-law. Then can Son-in-law be included in
the definition of children u/s 2(a) when the daughter is non-earning. The
purview of the definition should be wider.
Another point is worthy to mention here that when the son is rich NRI and his
parents are living in India what would be international as well as municipal law
by which the rich NRI would have no other option to maintain his parents
properly. Therefore, these grey areas should be clarified by effective and
According to the provisions of this Act, liability can be imposed on a person
who happens to be a relative of that senior citizen on the stipulation that in
near future that person will inherit the property of that senior citizen. It is
totally unreasonable because there is no guarantee that the said relative will
get the property. The senior citizen can sell the property to any other person
or he can make any will in favour of any other person before his death.
Therefore, change must be there regarding this point.
State Govt. should make provisions for selling up the counseling centers, help
lines and organize seminars, programmes to increase confidence among the old
persons and to make them aware regarding their rights and the protection
available in the statutory provisions.
The legislations, which are beneficiary to the rights of senior citizen and old
parents, need more publicity. NGOS, various organizations and Corporate sectors
through their CSR (Corporate Social Responsibility) should play active role to
encourage the public participation in this regard.
The senior Citizen Act is passed by the Central Govt. but still it has not been
implemented by many states and the states which implement this enactment, they
do not pay any heed to redress the present problem with serious efforts.
Whatever may be the laws without effective implementing machinery, the very
object cannot be achieved. Senior citizen cells should be established by the
state govt. Police patrolling should be intensified in areas to decrease the
crimes against elderly persons.
An ageing population is a global phenomenon. Elder persons in society face a
number of problems due to the absence of assured and sufficient income to
support themselves for their healthcare and other social securities. Loss of a
social role and recognition and non-availability of opportunities for creative
and effective use of free time are also becoming a matter of great concern for
The trend clearly reveals that ageing will emerge as a major social challenge in
the future; and vast resources will be required towards the support, service,
care and treatment of the elderly persons, according to report titled - Elderly
in India, published in the year 2016.
According to the Population Census 2011, there are nearly 104 million elderly
persons (aged 60 years or above) in India; 53 million females and 51 million
In 2007, India enacted The Maintenance and Welfare of Parents and Senior
Citizens Act, with a view to ensure need-based maintenance for parents and
senior citizens and their welfare. With the demands of these unsung people the
Parliament lately but brought a law to listen to there silent plea to protect
them and every single citizen whether he is a senior citizen or a child has a
right to put in demands in front of the Parliament, and the Parliament has to
listen to their silent plea and help them for what they are suffering.
And not only this act but we should also help them, treat them like a family
member care for them because they were the ones who take care of us 24x7 when
you were ill, they were the ones standing in lines to give you a better school
and they were the ones to kill all their wills to fulfill yours.
There was no need of this act if the people ever had this love and affection for
them, humanity is diying and so do the morals of the people. But mark these
words, "None has ever get away with 'KARMA' because its a devil for bad people
and an angel for good people. Every body knows the story of 'Sharavan kumar',
have you ever seen anyone like him yet? there's no chance you'll see because
people like him are gems and gems are rare.
We live in a society where people post pictures on social media of their parents
on mother's day and father's day, but what about the rest of the days?.Posting
pictures doesn't show your love, its just you're satisfying yourself and the
society but where is the real person in you, have you ever thought that? NO!,
Thats the reason why we have this Law in our Country.
If you really love your parents, then make don't post pictures on father's &
mother's day only (they dont need likes and comments all they want is your
love), do some great things so that for them everday is a father's or a mother's