Aging is an inevitable part of life and no one can escape it.
During this time, the person experiences massive changes not only in how he or
she looks but also how they feel. Aging brings with it a lot of new challenges
that are a result of retirement, weakening of body and growing vulnerability to
medical conditions. Therefore, it is important to provide adequate support and
protection the precious and massive part of our population: the senior
citizens.
The number of senior citizens in India and the elderly
population is constantly growing. According to a 2016 report by the Ministry
for Statistics and Programme Implementation, India has 103.9 million elderly,
which constitutes about 8.5 percent of the total population of the country. As
per the reports, the population has grown at a rapid rate of 3.5 percent per
year. The trend will apparently continue and by 2050 the 20 percent of the
population of India will consist of people above the age of 60.
The population trend is clearly indicating at the challenges that
lie ahead of the country. Caring and providing support to this huge section of
the society is of utmost urgency and the Government of India is constantly
taking steps to tackle this social issue. At the same time, there are a few
provisions in the Constitution of India that protects the rights of senior citizens of India.
Constitutional Provisions for Senior Citizens in India
1.
Article 41: Under the purview of Article 41, the state protects the right of
employment, education and public assistance for not only elderlies but also
cases of unemployment, sickness, and disability. The Article states that it is
the right of every citizen of India to work, to educate and to seek public
assistance within the capacity of the state.
2. Article 46: This constitutional provision has been stated as Part IV under
the Directive Principle of State Policy (DPSP), a constitutional guideline to
the State. This article gives the state the full authority to promote the educational and economic interests of weaker
sections including the elderly and protect them from social injustice. The
government is responsible to implement social schemes and empower various weak
sections of Indian Society. However, as stated in Article 37, DPSP are cannot
be administered by any court of law.
Legal Rights of Senior Citizens in India
Providing care and maintenance to aged parents is not only a moral
obligation but also a legal duty. Major communities and religions of India have
recognized this responsibility through various personal laws. They protect and
promote the welfare of the elderlies, Hindus, Muslim, Christian and Parsi laws
have clearly stated that the parents are entitled to claim maintenance from
their children, be it a son or a daughter.
Hindu Adoption and
Maintenance Act, 1956 is one of the first personal
written law in India that makes maintenance of parents a lawful duty. Earlier,
the obligation was restricted to sons only, however, it is not the right of a
daughter to take care of her parents in case of disablement of parents to
maintain themselves due to financial circumstances. This law is extended to
both natural and adoptive parents. Meanwhile, step-children are not bound by
the law to provide any such maintenance to their parents with their own
children.
Muslim Law makes it obligatory for both son and daughter to
provide maintenance for their aged and poor parents. However, there is no such
mention of obligation for maintenance for the adopted children mainly due to
the absence of the concept of adoption in the community. Additionally, Shia Law
gives the same stature to the grandparents as to the parents. Therefore, a
child has a responsibility to provide for his grandparents too.
While there are no personal laws for Christians and Parsis,
enables parents belonging to these communities that consist of significantly
big part of the Indian population, to seek assistance from Code of Criminal
Procedure in order to make such claims.
Legal Rights of Senior Citizens in India: Code of Criminal
Procedure
Until 1973, there was no such provision under the Code of Criminal
Procedure. Under Section 125, the Code of Criminal Procedure, made it a legal
obligation for sons and daughters (even married daughters) belonging to any
community of India, to provide maintenance for parents who prove that they are
unable to out of their financial circumstances and capacity.
Maintenance and Welfare of Parents and Senior Citizens Act, 2007
This is the most recent legislation implemented by the Ministry of
Social Justice and Empowerment in the fifty-eight year of independence to
promote and protect the welfare rights of aged parents and senior citizens
in India. This Act is a step towards the empowerment of old Indians. It
aims to provide the parents above 60 support to claim monthly maintenance from
their children, heirs or children residing abroad. It also aims at protecting
the elderly’s life and property. This Act has a broad scope that extends the
senior citizens of India except for Jammu and Kashmir and envisions to set up
old age homes in every district and provide basic necessities to the elderly.
According to the law, the maintenance must cover food, clothing, place of
residence, and medical assistance if required. If the children fail to aid the
parents, the seniors can seek help from senior citizen Tribunal created under
this Act. At the same time, it aims to promote the welfare of senior citizens
which includes the provision of food, healthcare, recreational centers, and
other basic amenities.
Government Schemes for Senior Citizens
The Government of India has taken a few initiatives to safeguard
the basic rights of the senior citizen in India.
National Policy for Older Persons was
initiated in the year 1999 to work towards the strengthening and empowerment of
the elder section of Indian society. It enables the State Government to take
measures to improve the quality of life of the senior citizens in India
by providing them with necessities, concessions, and relief. Additionally, it provides the older generation with
protection against abuse, injustice, and exploitation. Also, it ensures that
equal opportunities are made available to them. Furthermore, it ensures to
provide support for financial security, health care, shelter care, and research
and training for the development of the elderly of society.
National Social Assistance Programme is a
Centrally sponsored scheme by the Government of India that provides aid to the
widows, persons with disability and elderly, in the form of social pension.
This scheme was launched in the year 1995 and it is comprised of three
components that include National Old Age
Pension Scheme (NOAPS), National Family Benefit Scheme (NFBS), and National
Maternity Benefit Scheme (NMBS).
Besides, a few other schemes like Annapurna
Yojana, Indira Gandhi National Old Age Pension Scheme provide assistance and
required support to the senior citizens in India.
Senior Citizens Saving Scheme: This is
one of the most popular government schemes for senior citizens of India that
can be availed by anyone above 60 at the interest of 8.6% per annum. This
scheme provides the highest post-tax returns when compared to other fixed
income products.
Senior Citizens Benefits in India Under Tax Law
In addition to above mentioned benefits, senior citizens in
India are entitled to some benefits and concession under laws related to
income tax. Under Section 88-B, 88-D, and
88-DDB, senior citizens and super senior citizens are given a concession in
income tax. Income up to 3 lakhs for seniors and 5 lakhs for super senior
citizens is not taxable. For senior citizens, income from 3-5 lakhs is liable
at 5% tax rate. This rate is relatively lower than tax rates for the general public. More tax laws provide them
advantages to avail tax deduction up to Rs. 30,000 on health insurance premium
and up to 60,000 for a person suffering from serious illness.
Other Rights of Senior Citizens in India
Some other provisions for senior citizens in India include
travel benefits wherein the government-owned modes of transportation system
whether its railways, airways, or roadways, provide tickets at concessional
rates and special assistance during travel. There are some health benefits
extended to senior citizens by the Ministry of Health & Family Welfare.
Every hospital and health clinic are to create separate queues for elderlies.
Furthermore, the government has recommended giving priority to ration card
holders at the fair price ships. Senior citizens can also take advantage of the
new policy that allows them the issuance of a passport on post-police
verification if they attach a copy of the passport of the child (above 18)
residing abroad. These schemes and provisions have been created to address the
problems of the elderly and to tackle the challenges that come with aging.
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