Maintenance and Welfare of Parents and Senior Citizens Act

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MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT 2007Krishna Prasad SLLMID NO 565Need For the LawWith the withering away of the joint family system and emergence of the nuclear families we seldom find time or mind to devote for our parents and elders. Due to this, a large number of parents are not only deprived of the care and love from their children, but also exposed to emotional neglect and lack of physical and financial support.It has come to a situation that ,the moral obligation of the children towards their parents in their old age has to be backed by a legal obligation.

Constitutional and legal Safe Guard(Existing provisions)Article 39 provides for a duty for securing citizens, men and women the right to an adequate means of living.Article 41 creates an obligation on the State to make effective provision within the limits of its economic capacity and development for securing protection, interalia, in the old age.Entry 23 of List III (Concurrent List )in the VIIth Schedule to the Constitution provides that The Parliament as well as the State Legislatures are competent to make laws for providing social security and social insurance, employment and unemployment Section 125 of CRPC provides for maintenance for wife, children (legitimate or illegitimate) child, Parents if they are not able to meet their daily needs and gives the power to magistrate to order the concerned person to provide for maintenance if he feels it necessary.Personal laws in the Hindu adoption and maintenance Act 1956 and Muslim personal law also provide for maintenance in case of need. The procedure under section 125 Cr PC is time consuming and cumbersome in addition to being expensive.Also as Different personal laws Provided for different and inadequate provisions.The government felt the need for a fast, less expensive and Uniform Law for the maintenance and Welfare of parents and Senior Citizens.Inspired by the Himachal Pradesh Maintenance of Parents and Dependents Act, 2001, the Parliament enacted the Maintenance and Welfare of Parents and Senior citizens Act 2007.

OBJECTIVE Of the ActThe Objective of the Act is to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognized under the Constitution and for matters connected therewith or incidental thereto.SALIENT FEATURESMAINTENANCEThe Act provides for Compulsory maintenance to Parents and Senior citizens irrespective of Religion either on Application or sue Moto (Section 4 and 5)by the Tribunal setup under the act(Section 7).(Civil Court Jurisdiction barred) The application shall be Disposed off with in 90 days from the date of issue of Notice to the other party.A summary procedure is followed here.The Application can also be made by any person or organization authorized by a senior citizen or parent if he is incapable of doing so.Representation of parties by a legal practioner is barred(Section 17)

WELFAREThe Act Provides for Setting up of old age homes for accommodating Senior citizens and parents by respected state government , at least one each in every district at the beginning.(section 19)It also provides for medical support to senior citizens under section 20Necessary measures shall be taken by the state government to create awareness regarding the act and welfare of parents and senior citizens act through all public media.(Section 21)Transfer of property by the parent or senior citizen to a person will be held void if the transferee doesnt provide basic needs and basic requirements or physical needs to live to the transferor(section 23) PENALIZING PROVISIONSThe Act also penalizes for Abandonment and exposure of Parents and Senior citizens with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both. (Section 24)

Short Comings The Penal Provision is not Sufficient. The provision regarding Old age homes also should be amended to the extend that the number of People to be accommodated is to be reduced so that adequate care can be given to the affected people.

CONCLUSIONThe provisions in the Act do not make any distinction between persons belonging to different religions or casts.If the short comings mentioned above are rectified then the act can be called as a complete welfare legislation. To quote Dalai lama Right from the moment of our birth, we are under the care and kindness of our parents, and then later on in our life when we are oppressed by sickness and become old, we are again dependent on the kindness of others. Since at the beginning and end of our lives we are so dependent on other's kindness, how can it be in the middle that we would neglect kindness towards others?