Rights of Senior Citizens
June 15 is World Elder Abuse Awareness Day — Know Your Legal Rights
Do Not Tolerate Abuse, Exercise Your Rights
From Maintenance to Self-Protection, Senior Citizens Have Legal Rights
According to a report by the World Health Organization (WHO), around 15% of senior citizens aged 60 and above globally face some form of abuse. In India, 6 to 8 elderly people are subjected to abuse by family members every month. The elderly population worldwide is increasing rapidly. According to WHO, the number of people aged 60 and above will reach 1.4 billion globally by 2020 and is projected to reach 2.1 billion by 2050. In India, the elderly population is expected to grow to 260 million by 2030. Hence, it is crucial to raise awareness about elder abuse and their rights to prevent such incidents.
To serve this purpose, every year World Elder Abuse Awareness Day is observed. On this occasion, know the legal rights that senior citizens have, which they can use to protect themselves.
Key Legal Rights for Elderly Citizens:
If parents, grandparents, or elderly individuals are unable to maintain themselves through their income or property, they have the right under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (MWPSC Act) to claim maintenance from their children, including biological, stepchildren, and even sons-in-law and daughters-in-law.
If elderly individuals face abuse, they should not tolerate it. They can lodge a written complaint with the Maintenance Tribunal or the District Magistrate.
In India, the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 provides senior citizens with rights to maintenance, healthcare, and self-protection. Section 12 of the Act allows them to claim maintenance from their children.
Article 41 of the Directive Principles of State Policy in the Constitution directs the government to ensure the welfare of senior citizens. Under Article 21, the Right to Life includes living with dignity, and it is the government's duty to create policies ensuring the security of elderly citizens.
Under Section 20 of the Hindu Adoption and Maintenance Act (HAMA) 1956, there are provisions for the welfare of parents and senior citizens.
Where Can You Lodge a Complaint? — Help is Available Through the Central Helpline
1. You Can Reclaim Your Property:
If an elderly person's children or heirs have fraudulently taken away their property or acquired rights illegally, the elderly have the legal right to reclaim it. They can approach the Maintenance Tribunal or the Civil Court (if delayed) to claim their property back.
2. Helpline Numbers for Assistance:
The Central Government has issued a toll-free helpline number — 14567. Senior citizens can lodge complaints regarding any form of abuse here. Additionally, they can call 100 to register a complaint with the police. Special Senior Citizen Cells have been set up in police departments to listen to and resolve elderly citizens’ problems. Through the National Helpline, assistance is provided within 12 hours.
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