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August 21 - National Senior Citizens Day
8/21/2020 12:55:07 AM

Mahadeep Singh Jamwal

World Senior citizens Day is celebrated every year on August 21st. It was proclaimed for the first time on 14 December 1990 by the United Nations General Assembly. The day is celebrated to raise awareness of factors and issues affecting older adults and the prevention of abuse. We observe that even today, seniors are still active in their communities as well as continuing to have a strong presence in the workforce. Traditionally, in India, it has been a part of our culture for the society and the family to care of elders. By virtue of the long experience, they carry; they can well be christened as treasury trove of society. For centuries, cultures across the world have looked to the seniors in their communities for wisdom and knowledge.
Senior citizens are held in high esteem and given priority and respect in all matters. But it is felt that owing to transformation in generational attitude, it is hard reality that between the broad smiles, behind the cheerful exterior and in those moist, rheumy eyes of our elders, lays an untold story - A tale of loneliness, anxiety, fear and uncertainty that senior citizens leave untold. Senior Citizens do not get the attention and help they deserve. Of the more than 100 million senior citizens, 70 million have retired from the unorganized sector and have no pension or social security. They feel neglected.
The cases of elderly neglect, abandonment and abuse are rampant across the country, most of which go unreported as a result of poor social and community support. If we traverse on the pages of legal weapons available that can come to the rescue of abandoned parents, we find: Hindu Adoption and Maintenance Act, 1956. Section 20 of the Act entitles parents to claim maintenance from their son and daughter, if they are unable to maintain themselves. Muslim Personal Law also speaks of bounden duty on son and daughters to maintain their parents if they are unable to do it. Section 125 of The Code of Criminal Procedure 1873, also provides relief for deserted parents to seek maintenance through Court. In 2007, the Parliament passed the Maintenance and Welfare of Parents and Senior Citizens Act. The Act 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 provisions contained in the Act are:
1. Protection of Senior Citizens: Any person who is responsible for the protection and cares of a ‘senior citizen’ and intentionally abandons the ‘senior citizen’ completely is liable to pay a fine of Rs 5,000 or be imprisoned for 3 months or both.
2. Definition of Maintenance: Maintenance is defined in the Act as including “provision for food, clothing, residence and medical attendance and treatment”.
3. Who Can Claim Maintenance? Parents: Parents means biological, adoptive and step parents. The age of parents is irrelevant to claim maintenance.
4. Grandparents: Grandparents includes both maternal and paternal grandparents.
5. Senior Citizen: A senior citizen is an Indian citizen who is 60 years of age or older. (The only condition for claiming maintenance under this Act is that the persons must be unable to maintain themselves from their own earnings and property.)
6. Who is legally obligated to pay maintenance? Adult Children and grandchildren, both genders, are responsible for paying maintenance to parents and grandparents.
7. Senior citizens who do not have children or grandchildren can claim maintenance from a relative who either possesses their property or who will inherit their property of the senior citizen after their death.
8. Filing Maintenance Proceedings: An application for maintenance can be filed by the senior citizen or a parent himself, or if such person is incapable, then by any other person or any registered organization authorized by him before the Maintenance Tribunal in any district where the subject resides.
9. The Tribunal may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this section, order such children or relative to make a monthly allowance for the interim maintenance of such senior citizen including parent and to pay the same to such senior citizen including parent as the Tribunal may from time to time direct.
10. How much Maintenance must be paid? The Act mandates that the maximum maintenance paid will be Rs 10,000 per month. The maintenance amount is determined by the needs of the claimant and the aim is to provide maintenance for the person to lead a normal life.
11. Non - representation of Lawyer for filling maintenance proceedings: The Act states that no party to a proceeding before the Maintenance Tribunal will be represented by a lawyer. However, parents or senior citizens can avail the services of the State Government appointed Maintenance Officer to represent their interests during proceedings before the Maintenance Tribunal.
12. Responsibility of the state government: The State Government must ensure that all government hospitals and hospitals partly or fully funded by the government arrange separate queues for senior citizens and provide beds for all senior citizens. Additionally, every district hospital must have special facilities for senior citizens. Every district must have at least one old age home for senior citizens who are poor and needy. Here Government has a responsibility to embrace, uphold and protect the rights of senior citizens, as enshrined in the Act.
Senior Citizens Club, a registered body, in Udhampur is striving for the intergenerational connection, so that younger generations can benefit from the experience, knowledge and wisdom of older citizens. Bridging the intergenerational gap also helps us to ensure that there is continuity in knowledge production.
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