Indian society holds parents with the same regard as living God on earth, and their protection and care is of utmost importance. But the withering of the old joint family system and traditional values has led to the erosion of this principle (SENIOR CITIZENS).

In the present senerio, many elderly people are either abandoned entirely or have to live alone without adequate medical, social, financial and emotional support. Many face abuse including verbal and physical at the hands of their own families. Keeping in view of increasing population of the elderly in the Country, the Government of India has been cautious about their welfare, maintenance and protection.

The Constitution of India guarantees certain Fundamental Rights to the Citizens, especially to the senior citizens. Apart that, Maintenance and Welfare of Parents and Senior Citizens Act, 2007 gives additional protection. Over the period of preceding 15 years, the honorable higher Courts have set up Judicial Precedents on the subject matter of the Act of 2007.

Maximum number of cases dealt with by the honorable Courts, under this Act of 2007, have been relating to the ‘Protection’ either for the life or for the property or for both. Sections 22 and 23 of the Act and the Rules thereof deal with the protection of the life and property of the senior citizens. In layman’s language, this Act gives almost similar protection to elderly as provided under the Protection of Women from Domestic Violence Act, 2005.
In order to further give clarity on elderly rights in our Country, I will quote few paras, as under, from a Court Judgment:-

“Petitioner No.1 aged 75 years is a pensioner and is a paraplegic patient having permanent disability of 70%, unable to sign or speak. She is being looked after by petitioner No. 2 who is her next best friend. This is a petition against the State Government by the Petitioner No. 2.
No steps were taken by the State Government to look after petitioner no.1 on a day-to-day basis, the Court directed the State Government to consider the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and evolve a mechanism for maintenance of petitioner No.1 and for protection of her life and property.

In the instant case, petitioner no.1 is a spinster with no relatives and is being forced to spend her twilight years all alone and is exposed to emotional neglect due to lack of physical and financial support. She cannot speak or write. She has money in her pension account but is unable to withdraw as she cannot write or make signature on the cheque. This eaging and helplessness has become a major 2

social challenge. There is an immediate need for the State Government to take care of petitioner no.1 and provide facilities to maintain and protect the life and property of petitioner no.1.
……………… Apart other directions;…….(viii) The District Magistrate is directed to ensure that the life and property of petitioner no.1 is protected and that petitioner no.1 is able to live her remaining life with security and dignity as provided under Article 21 of Constitution of India……..(ix) The District Magistrate will oversee and monitor the entire welfare of petitioner no.1 and would be personally responsible.

In addition to the aforesaid, the Chief Secretary, Government of Uttar Pradesh is directed to issue necessary orders for implementation of the provisions of the Act of 2007 and the Rules within three months…………….”

Dear elderly, in case you wish to seek any assistance, from your District Magistrate, in the matter of protection of your life and/or property, please get an application drafted as per the provisions of the Act of 2007 under sections 22 & 23 read with Rule 19 (in cases of Madhya Pradesh). The DM (himself or through his subordinate SDM of your area), on being satisfied that prima facie your case exists for his intervention; register the case and issue Notice to the concerned parties. After giving opportunity to the concerned applicant and the respondent/s, in summary proceedings, orders would be passed accordingly in a record low time.

So long as your matter is pending before the DM, intervention of Civil Courts, by way of ‘stay’ is barred. The order passed by the DM is final and there is no provision for further appeal. Thus an elderly will get the relief without involving him/herself in a time consuming disputes before honorable civil Courts.

Appearance of legal counsels, Before the Tribunal (SDM) or the Appellate Tribunal (DM) on behalf of the applicants/respondents, is also barred. This helps in avoiding time consuming legal intricacies.

The aggrieved persons have to plead their cases before the Tribunals themselves. Elderly friends, may, therefore, make themselves aware of elder friendly provisions in the law by reading books and articles regarding Act of 2007 in the larger interest of senior citizen community.