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ABUSE OF SENIOR CITIZEN IN INDIA A SOCIO LEGAL CONCERN (By – Kaushiki Khanna & Rishabh Kumar Jain)
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ABUSE OF SENIOR CITIZEN IN INDIA
A SOCIO LEGAL CONCERN
Authored By – Kaushiki Khanna
Co-Authored By - Rishabh
Kumar Jain
Abstract
Elder abuse is
now widely acknowledged to be a widespread and worsening issue that urgently
calls for the attention of social welfare organizations, health care systems,
lawmakers, and the general public. With a focus on prevention, we present an
overview of global issues pertaining to elder abuse in this article. Elder
abuse includes social, financial, psychological, and physical abuse as well as
the violation of an individual's rights. In this article we have discussed the
laws and policy which prevents the rights of elders. Here, we've given a
general summary of the elder abuse problem worldwide with a prevention-focused
approach. Awareness of elder abuse by professionals working in home care is
essential, because the failure to detect abuse can interfere with intervention
and in some case lead to death. Abuse can take many different forms, such as
separation from friends and social events, humiliation, routine victimization,
scapegoating, and more. Many people believe that elder abuse happens in nursing
homes or skilled nursing facilities. While some abuse does exist in these
facilities, the majority of elder abuse, neglect and exploitation, occurs in
the home itself. the victims are the one that are tortured by their love ones.
Key Terms- Elder abuse, Verbal abuse, depression, self-neglect,
physical mistreatment
TABLE OF
CONTENTS
What turns a perfectly normal and
healthy relationship into an abusive one in later years? Error! Bookmark not defined.
What Turns A
Perfectly Normal And Healthy Relationship Into An Abusive One In Later Years?
‘Elder
Abuse’ is an issue one often refrains from talking about or acknowledging that
it exists. Over the past few years HelpAge India has been conducting detailed
surveys to understand this growing crime against India’s elders, by getting the
elder perspective, their understanding and experiences. The survey hopes to
ascertain what the youth think of Elder Abuse – does it at all happen, what
makes it happen, who or what causes it and what can any of us do to
help/prevent abuse. Nationally, 73% of the youth admit that Elder Abuse exists.
83%
perceive that identifying Elder Abuse in the neighborhood is not difficult. The
youth experience of coming across ‘instances of Elder Abuse’ is as high as
32.5% among relatives, followed by 21% friends and 20% neighbors. The Youth
perception and elder reality is very different when it comes to who the abuser
is. While 24% of the Youth perceive the Son as an abuser, the Elder experience
blames the son in 59% of cases.
The
daughter-in-law remains the primary abuser be it Youth Perception or Elder
Reality. The youth feel that the topmost form of abuse they have come across in
their experience is ‘Using Abusive Language and talking rudely to an elder’
followed by 43.1%, who feel it is giving the elder ‘the silent treatment,
isolation and emotional abuse. Delhi alone beats the national average in ‘Using
Abusive Language and talking rudely to an elder’ with 77% Youth stating it to
be the most common form of abuse they have come across. While financial reasons
are the most perceived factor causing Elder Abuse, the youth are stressing only
behavioral solutions for families to prevent abuse, with the top measure being
‘Family spending adequate time with the elders’ followed by ‘Elders opinions
given due importance’.
Most
of the abusers were rated by respondents as of sound mind as well as sound
health, so clearly Elder Abuse was intentional and voluntary. Youth advocate
living in large joint families as a measure to prevent Elder Abuse, in today’s
social scenario of a rising graph of nuclear families. Nationally, nearly 60%
Youth are willing to take direct action if they come across a case of abuse by
talking to the abuser asking them to change their behavioral pattern
and
talking to the abused, asking them to fight back.
Parents and Senior Citizens Act - is
a bill that makes it a legal obligation for children and legal guardians to
provide maintenance to older adults. Senior citizens can apply for a monthly
allowance from their children, in case they are not able to support themselves.
The punishment could be paying a fine of Rs.5000 or three months in prison or
both.
Parents and Senior
Citizens Amendment) Bill 2019 which aims to provide for the maintenance and
welfare of parents and senior citizens for ensuring their basic needs, safety
and security, establishment, management, and regulation of institutions and
services, and rights guaranteed under the Constitution.
Are Current Laws Sufficient?
If we talk about the
punishment in regards to the violation of these laws then it is quite clear.
The lawmakers need to understand that this problem is not confined to lower
income families, who will stop abusing their parents after being charged an
amount of Rs. This problem is prevalent in upper class families also for whom
the payment of such fines is just a cakewalk. The provisions of the bill of
2019 were quite good and appreciable but the problem remains the same, which is
regarding the punishment of such an act and also the bill is only being
approved by the cabinet and is yet to be passed in the parliament. It is not
that no bills have been passed by the parliament or the government during the
pandemic, it is just the matter of priority. It is very much clear that elder
abuse is not considered a very big issue in our country, neither by the
government nor by the citizens, because if it would have been given importance
then the bill could have been passed by the parliament but it has been more
than a year the bill is yet to be passed in parliament.
The
abuse can be of the following categories: This includes
humiliation, habitual blaming, scapegoating, ignoring the elderly person,
isolating an elder from friends and get together activities. This can include
misuse of an elder person’s bank details and monetary resources, stealing of
cash, checks on the incomes, forging the signature of elders and engaging in
identity theft. Such aspects can involve physical sexual acts along with
activities such as showing an elderly person pornographic material, forcing the
person to watch sexual acts, or forcing the elders to undress. These include
acts such as improper healthcare services being provided, overcharging for
medical care or services, overmedicating or under medicating, recommending unnecessary
and fraudulent treatments for their illness, and other allied abuse.
issues Facing Senior Citizens
People in their later
years of life require mental, physical, and social support. Older people are
the most vulnerable at this time of life because they are disregarded and
forgotten, and hence feel entirely rejected. When elderly persons are unable to
care for themselves, they confront a variety of problems.
a) Financial Issues: The elderly does not have sufficient means of
subsistence. Senior adult ladies are more economically reliant. Financial
crises often make it difficult for senior persons to provide for their basic
needs, forcing them to endure the process of downsizing.
b) Health Concerns: The majority of health problems that affect the
elderly are caused by their age. They are frequently neglected and overlooked.
They also deal with a variety of social and psychological challenges that have
a negative influence on their health.
d) Family Problems: In most families, the generation difference leads
to competing viewpoints. The younger generation is unable to comprehend the
demands and desires of the elderly.
d) Legal Concerns: Many senior individuals are uninformed of their
legal rights and the procedures for seeking redress. Furthermore, they are
unaware of the policies and programmed implemented by the federal and state
governments. They are unable to manage the legal challenges they are involved
in and fight against injustice due to a lack of physical and financial
assistance.
The Indian Constitution Provides
Legal Protection Against Elder Abuse
After learning about the
notion of elder abuse, its several types, and the problems that seniors
confront, it's time to learn about the legal structure in place for them. There
are only a few constitutional safeguards and legislation in place to protect
seniors' rights and prevent their abuse. The Directive Principles of State
Policy (DPSP), which is found in Part IV of the Constitution, is one such
framework that tries to defend the interests of the elderly. Furthermore, the
judiciary interprets the rights of the aged as a component of Article 21[1]
of the Constitution, despite the fact that they are not officially listed as a
Fundamental Right.
The following are
examples of provisions that protect the elderly:
a) DPSP [6] provision:
Article
38(1)[2]:"The
State should try to promote the welfare of the people by guaranteeing and
safeguarding as efficiently as it may a social order in which justice, social,
economic, and political, shall influence all institutions of national
life," according to Article 38(1). It also states that the state should
make every effort to reduce inequities in status, facilities, and
opportunities.
Article
39(e)[3]:
Article 39(e) mandates the state to ensure that –"the health and strength
of workers, men and women, and children of delicate age are not exploited, and
that people are not coerced to adopt avocations inappropriate to their area of
strength by economic necessity." To fulfill these objectives, the state gives
former employees pensions as a monetary reward.
Article
41[4]:
"Within the limits of its economic capacity and development, the State
shall make effective provisions for securing the right to work, to education,
and to public assistance in cases of unemployment, old age, sickness, and
disablement, and in other cases of undeserved want," according to Article
41.
B) Laws and policies that protect the rights of the
elderly
?
The Hindu Adoption and Maintenance Act of
1956 is a law that governs the adoption and maintenance of Hindu children. The
statute establishes a legal right for older persons to seek maintenance from
their offspring. It goes on to say that it is a person's obligation to care for
their elderly parents if they are unable to care for themselves. [8] It is
vital to clarify that the mentioned 1956 rule exclusively applies to Hindus.
Muslim, Christian, and even Parsi laws all have similar provisions
?
The
1973 Code of Criminal Procedure states: The Criminal Procedure
Code is a secular law that applies to all citizens of the United States.
Maintenance to parents and wives is allowed by Section 125[5],
which indirectly covers the interim.
?
The
Parents' Maintenance and Welfare Act of 2007: There was no
particular or distinct legislation addressing the difficulties encountered by
elderly until 2007. The Maintenance and Welfare of Parents and Senior
Individuals Act of 2007 aims to make it a legal requirement for children and
heirs to provide adequate care for senior citizens, and it recommends that state
governments create old age facilities in each district.
?
National
Policy for Older People: The Ministry of Social Justice and
Empowerment created the Policy in 1999 in order to better the lives of the
society's senior citizens. This program was formed in accordance with Article
41 of the Constitution, which requires the state to care for the elderly. The
National Policy aims to reassure older people that their problems are shared by
the entire country, and that they will not be left alone, disregarded, or
alienated. The National Policy's purpose is to improve the well-being of older
people. Its goal is to assist people reclaim their rightful place in society
and live out the rest of their lives with meaning, dignity, and tranquility.
According to the policy, the State
?
National
Old Age Pension Scheme of Indira Gandhi: In 2007, India's
Ministry of Rural Development launched the Indira Gandhi National Old Age
Pension Scheme (IGNOAPS) as part of the National Social Assistance Programme
(NSAP). This plan offered government help by paying a monthly stipend of Rs.
200 to those over the age of 60 and Rs. 500 to people over the age of 80 who
lived in poverty-stricken homes. The state government is also obligated to
offer older persons benefits. As a result, the Maharashtra State Government,
through the Shravanbal Seva Rajya Nivruttivetan Yojana, gives Rs. 400 to
qualified individuals.
?
Health
Care for the Elderly: A National Program: The National
Programme for the Health Care of the Elderly is a statement of the government's
international and national commitments as outlined in the United Nations
Convention on the Rights of Persons with Disabilities (UNCRPD), the Government
of India's National Policy on Older Persons (NPOP) adopted in 1999, and Section
20[6]
of "The Maintenance and Welfare of Parents Act, 2007," which deals
with medical care for Senior Citizens. The program's major goal is to offer
older people with preventative, curative, and rehabilitative treatments at all
levels of the country's health-care delivery system.
?
A
Central Sector Scheme to Improve Senior Citizens' Quality of Life:
The Scheme's main goal is to improve the quality of life for Senior Citizens by
providing basic necessities such as shelter, food, medical care, and
recreational opportunities, as well as encouraging productive
and active aging by providing
support for capacity building of State/Union Territory governments,
non-governmental organizations (NGOs), Panchayati Raj Institutions (PRIs),
local bodies, and the general public. This programme was updated in 2018 to
better the lives of older persons. This strategy was established to carry out a
variety of programmes to guarantee that older citizens receive fundamental
requirements, such as good health care.
Support By India's Judiciary In The Fight Against Elder Abuse
?
Surendra
Narasgopnda Patil vs. Santosh Surendra Patil[7]
In this case, the Court determined that it is
the legal obligation of the parents to care for their children. The State Government was
also ordered by the Court to serve as guardians for Senior Citizens and elderly
infirm parents.
?
Sunny Paul and Others against. Delhi State
NCT and Others[8]
.
The Delhi High Court has
declared that children who assault their parents while living with them in
their home can be removed. "As long as the parents have legal control of
the property, they can evict their aggressive adult children," the court
stated. The Delhi government was also ordered to amend rule 22 of the Delhi
Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 and
formulate an action plan to protect senior citizens' lives and property, as the
Delhi government's rules, 2009 allowed a senior citizen to complain to district
authorities to evict abusive children only from a self-acquired property,
despite the fact that the Maintenance and Welfare of Parents and Senior
Citizens Rules, 2009 allowed a senior citizen to complain to district
authorities to evict
?
Kirtikant
D. Vadodaria vs. State of Gujarat[9]
The Supreme Court ruled
that under the Hindu Adoption and Support Act, 1956, aged and infirm parents
have the same right to maintenance from their daughter as they have from a son.
?
KashiRao
Rajaram Sawai and Others vs. Vijaya Manohar Arbat[10]
.
The Supreme Court
correctly remarked that a self-sufficient married daughter is obligated to
support a father or mother who does not have a son. In addition, the stepmother
has the same right to maintenance as the father.
?
Senior Citizen Advocates Service of Jharkhand State of Jharkhand vs. Sansthan
and Others[11] The High Court of Jharkhand ordered the state
to establish Old Age Homes in each district of the state with immediate effect,
as well as distinct lines at hospitals and other measures to make medical care
more convenient for the elder
?
In
the case of Dattatray Shivaji Mane v. Lilabai Shivaji Mane[12],
Bombay High Court while
highlighting the object of the Maintenance and Welfare of Parents and Senior
Citizens Act, 2007 (Senior Citizen Act) held that the Act permits a senior
citizen including a parent who is unable to maintain himself from his earning
or out of the property owned by him and if such senior citizen is unable to
lead a normal life to apply for such relief i.e. eviction under Section 4 of
the Act not only against his children but also the grandchildren.
?
In
the case of Senior Citizen Welfare Organization vs. The Uttarakhand High Court
of Uttarakhand[13],
while recognizing the failure of the State to maintain adequate
old age homes for the senior citizens in the State has issued a slew of
mandatory directions. And held Every Senior Citizen has the Right to Live with
Dignity.
Conclusion
Some of the changes are
necessarily needed in the society which include increasing the awareness among
elderly people regarding their rights and what relief they can get under
different laws.
Elder abuse generally
means either an act of commission or of omission which may be either
intentional or unintentional. Abuse of elders generally results in unnecessary
sufferings, injury, pain, loss or violation of human rights and a decrease in
the quality of life for the elders.
Older citizens have the
most life experience and should be accorded a better social standing. Given the
state of our society's senior citizens, there is a pressing need to provide
comprehensive services to them that would enable them to live a decent life.
Many non-governmental organizations (NGOs) and institutions are trying to
improve the lives of elderly residents and raise awareness about elder abuse.
It is critical to remember that when elderly people become infirm, it is the
obligation of all family members and our society to provide sufficient care and
assistance so that they can live a normal life. The family's younger generation
must understand and appreciate the sacrifices made. Their elders shaped them
into the people they are today. As a result, as the elder members grow frail,
the younger members must take care of all of their needs and desires. Even
though there are many laws and procedures in place to safeguard senior people'
rights and prevent abuse, the older population's current situation is not
ideal. The government has also been working hard to ease financial insecurity
among elderly folks by enacting different monetary policies that make it easier
for them to live a normal life. It is critical to recognize that it is every
member of society's moral and social responsibility to avoid elder abuse and to
assist those who are abused. Every element of their lives revolves around them.
It is past time for us to turn back and follow old standards and ethical
behaviors, as traditional traditions are vanishing as a result of the changing
contemporary and fast-paced existence, undermining humanity's basic foundation.
As a result, we must safeguard the rights of the elderly and assist them in
leading dignified lives.
Article Information
ABUSE OF SENIOR CITIZEN IN INDIA A SOCIO LEGAL CONCERN (By – Kaushiki Khanna & Rishabh Kumar Jain)
Authors: Kaushiki Khanna, Rishabh Kumar Jain
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/07/29
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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