31-07-2025
Guest Column: Justice for elderly extends beyond legal framework
India is evolving rapidly on various fronts. In the health sector, life expectancy is increasing and as a result the population of the elderly is growing at an unprecedented rate. There are 14.9 crore people in India above the age of 60 and this number is likely to more than double by 2050. Since time immemorial, the care of parents has been revered as one of the highest duties. Across religious texts, the duty to care for one's parents is emphasised as a virtue, equating it with divine service. This concept is now under threat. (Getty Images/iStockphoto)
Given this scenario, addressing the problems of the elderly is not only a social and health imperative but also at the very heart of our society's moral and legal conscience. This includes the obligations of children towards their parents and the rights of senior citizens from health, moral and legal standpoints. In a world that is rapidly modernising, the fundamental truth remains that our elderly are not a burden but the very foundation upon which we all build our lives.
Since time immemorial, the care of parents has been revered as one of the highest duties. Across religious texts, the duty to care for one's parents is emphasised as a virtue, equating it with divine service. This concept is now under threat. The generational divide increases their likelihood of suffering neglect and abuse, verbally, physically, financially and even psychologically, which heightens their vulnerability.
Breakdown of joint family
The changing scenario is attributed to the breakdown of the joint family system. In addition, the migration to the city by young people has left many elderly isolated in rural areas or urban homes. Consequently, they suffer from social and financial difficulties. Rising health care and living costs add to their burden.
Today, urbanisation and changing lifestyles is leading to diminished interaction between generations, accompanied by social isolation, loneliness and depression among senior citizens. Moreover, senior citizens fall victim to financial fraud, physical abuse, and abandonment, and property disputes, often at the hands of their own family members.
According to a report by HelpAge India, nearly 50% of elders in urban India experience some form of abuse.
Safeguarding rights
The legal system provides mechanisms to safeguard the rights of senior citizens. Article 41 of the Constitution pertains to provision of public assistance for the elderly in cases of unemployment, old age, sickness, and disability.
Article 21, which guarantees the right to life and personal liberty, has been interpreted to include the right to dignity for the elderly.
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, mandates for children and relatives to provide for elderly parents.
The Hindu Succession Act, 1956, protects elderly parents' rights in ancestral and self-acquired properties and dispossession of elderly parents from property is dubbed as a punishable offence under the Maintenance and Welfare Act, Section 9.
In order to safeguard the well-being of the elderly, and to enable them to be self-sufficient, the Government of India has implemented the National Policy for Older Persons.
The ministry of social justice and empowerment has established the National Council for Older Persons (NCOP) with the primary goals of advising the government on appropriate policies, providing feedback on their implementation, initiating special programmes, establishing grievance cells for older individuals in both the government and corporate sectors.
The Union government has initiated health programmes designed for the elderly, including the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana or Ayushman Bharat, which in short, offers free insurance coverage to senior citizens aged 70 or above.
Build society that cares
In spite of these provisions, the prevailing situation of the elderly remains worrisome. According to the National Crime Records Bureau, the cases of elder abuse have increased by 40%. A study by HelpAge India found that 52% of elders face neglect, with sons being the primary perpetrators in 35% of cases. Over 30% of India's elderly population suffers from financial insecurity despite their legal rights to maintenance.
As a way forward, we must firstly go beyond legal frameworks and build a society where elderly care is a natural and cherished duty. Families must cultivate a culture of respect and emotional support for the elderly. Educational institutions can introduce value-based learning, emphasising care for the aged.
Second, society must step in to provide companionship programmes, legal aid, and care-giving support. Public-private partnerships can create sustainable models for elderly care.
Third, the government must ensure stronger legal enforcement with stricter penalties for elder abuse and financial exploitation. Enhanced monitoring mechanisms should be established to oversee the welfare of the elderly.
Fourth, health programmes for the elderly need to be implemented efficiently while ensuring that those in remote areas are not neglected.
A system of accountability must be put in place to ensure accessible, quality and comprehensive healthcare services for the elderly, irrespective of their ability to pay or location.
Digital literacy programmes can help the elderly access services and stay informed about welfare schemes.
Most importantly, however, is the crucial role of society in ensuring dignity, security, and care for the elderly. Delivering a lecture recently, Justice Aravind Kumar of the Supreme Court said, 'The elderly have spent their lives shaping society, nurturing families, and upholding traditions. It's our moral and legal responsibility to provide them with the respect and care they deserve.' Justice for the elderly extends beyond legal frameworks; it calls for compassion, love, and a collective commitment to their well-being.
(Prof Kurien, a former deputy chairman of Rajya Sabha and Union minister, is chairman of the Indian Association of Parliamentarians on Population and Development. Dr Narain is a former director of World Health Organisation. Views expressed are personal.)
