Victimization of senior citizens 2013 LOK NAYAK JAYAPRAKASH NARAYAN NATIONAL INSTITUTE OF CRIMINOLOGY AND FORENSIC SCIENCE Ministry of Home Affairs Government of India RESEARCH PROJECT ON “VICTIMIZATION OF SENIOR CITIZENS: A STUDY IN DELHI METROPOLIS CITY FROM HUMAN RIGHTS PERSPECTIVES ” Under Supervision of: Submitted By: Prof. (Dr.) B.N. Chattoraj AVINASH (Dean Academics) M.A. Criminology 4th semester Senior Citizens and Present Scenario Page 1
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Victimization of senior citizens 2013
LOK NAYAK JAYAPRAKASH NARAYAN
NATIONAL INSTITUTE OF CRIMINOLOGY AND FORENSIC SCIENCE
Ministry of Home Affairs
Government of India
RESEARCH PROJECT ON
“VICTIMIZATION OF SENIOR CITIZENS: A STUDY IN DELHI METROPOLIS CITY FROM HUMAN RIGHTS PERSPECTIVES”
Under Supervision of: Submitted By:
Prof. (Dr.) B.N. Chattoraj AVINASH
(Dean Academics) M.A. Criminology
4th semester
Ms. Minakshi Sinha
(Reader Sociology)
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TABLE OF CONTENTS
Table of contents 2 Certificate 3 Declaration 4 Acknowledgement 5
Chapter -1
1. Introduction 62. Constitutional and Legal Protections
o Protections under Indian Constitution 9o Legal Protections 10
Chapter - 2
1. Statement of the Problem 18
Chapter – 3
2. Literature Review 193. Theoretical Framework 26
Chapter – 4
1. Objectives 282. Scope of the Study 283. Research Methodology 294. Limitation of the Study 30
Chapter – 5
1. Data analyses 31
Chapter – 6
1. Findings of the Study 64
Chapter - 7
1. Suggestions 66
Chapter - 8
1. Conclusion 68
Chapter - 9
1. Appendix-1 – Interview Schedule for Senior Citizens 692. Appendix-2 – Interview Guide for Police 733. Appendix-3 – Reference 74
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CERTIFICATE
This is to certify that the current study entitled “VICTIMIZATION OF SENIOR
CITIZENS: A STUDY IN DELHI METROPOLIS CITY FROM HUMAN RIGHTS
PERSPACTIVES” is an original piece of work carried out by Mr. AVINASH for the
partial fulfillment of degree in M.A. Criminology from Lok Nayak Jayprakash Narayan
National Institute of Criminology and Forensic Science, MHA, Government of India,
New Delhi.
The study has been conducted under my guidance and supervision and has not
been submitted elsewhere for publication or any other purpose.
Prof. (Dr.) B.N. Chattoraj
(Dean Academics)
LNJN NICFS (MHA)
Ms. Minakshi Sinha
(Reader Sociology)
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DECLARATION
I, AVINASH, hereby declare that the following research project entitled
“VICTIMIZATION OF SENIOR CITIZENS: A STUDY IN DELHI METROPOLIS CITY
FROM HUMAN RIGHTS PERSPACTIVES” is my own original work and no part of it
has been duplicated from any previously submitted or published research study in
the Institute or elsewhere.
AVINASH
4 th Semester
M.A. Criminology
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ACKNOWLEDGEMENT
I consider it a great privilege to thank Prof (Dr.) B.N. Chattoraj, Course Director and
Head of Department of Criminology, LNJN NICFS (MHA) and Ms. Minakshi Sinha
(Reader Sociology), for their invaluable guidance, supervision and encouragement
without which this research study would never have come to fruition.
I would like to express my sincere gratitude to all the police officers for helping me in
completing my project.
Finally, a big thank to all the respondents for their honesty and co-operation in
providing the relevant data for the research.
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CHAPTER - 1
INTRODUCTION
Broadly speaking human rights may be regarded as those fundamental rights which
are essential for life as human being. Human rights are the rights which possessed
by every human being, irrespective of his or her nationality, race, religion, sex etc.
Human rights are thus those rights which are inherent in our nature and without
which we can’t live as human being. Human rights and fundamental freedom allow
us to fully develop and use our human qualities, our intelligence, our talents and our
needs.
Human rights are also called the fundamental rights, basic rights or natural rights. As
fundamental or basic rights they are the rights which must not be taken away by any
legislature or any act of government and which are often set out in a constitution. As
natural rights they are seen as belonging to men or women by their very nature. As
natural rights they are seen as belonging to men or women by their very nature.
Human rights are also called “common rights” for they are rights which are share by
all men and women in the world. For example the common law in England was the
body of rules and custom which, unlike local customs, govern the whole country. So,
in short human rights means rights to be human.
A person who is above 60 years is commonly considered as the Elderly.
Recently, however, social scientists have begun to identify specific group within the
growing population of older persons. People between the ages of 60 and 70, who
are still inclined to be healthy an active, are called the” young old”. Those who are 70
to 80, a group that is more likely to require support services, are the “old-old”. Those
who are above the age of 80may be termed as the “oldest-old”. Another group, the
“frail elderly”, consists of people over 60 who, because of poor health or economic
problems, cannot carry out the basic activities of life without help.
According to the Section 2(h) of The Maintenance and Welfare of Parents and
Senior Citizens Act, 2007, “senior citizens” means any person being a citizen of
India, who has attained the age of 60 years or above.
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The concept of victim dates back to ancient cultures and civilizations, such as the
ancient Hebrews. Its original meaning was rooted in the idea of sacrifice or
scapegoat -- the execution or casting out of a person or animal to satisfy a deity or
hierarchy. Over the centuries, the word victim came to have additional meanings.
Today, the concept of victim includes any person who experiences injury, loss, or
hardship due to any cause. Also today, the word victim is used rather
indiscriminately; e.g., cancer victims, holocaust victims, accident victims, victims of
injustice, hurricane victims, crime victims, and others. The thing that all these
usages have in common is an image of someone who has suffered injury and harm
by forces beyond his or her control.
Under the UN Declaration of the Basic Principles of Justice for Victims
of Crime and Abuse of Power 1985, “victim” means:
Persons who individually or collectively, have suffered harm, which include physical
or mental injury, emotional suffering or economic loss or substantial impairment of
fundamental rights through acts or omissions that are in violation of criminal laws
operative within member states, including those laws prescribing criminal abuse of
power.
According to Karman “Victimization is the process of being victimized or becoming
a victim. The term victim of crime generally refers to any person, group or entity who
has suffered injury or loss due to an illegal activity. The harm can be physical,
psychological or financial.”
It has generally been accepted that with the growing elderly population there
will be increased victimization of the elderly. Is this perception correct? What is the
criminal justice system doing to prepare itself and the elderly population for the
future? Law enforcement will play an important role in developing a comprehensive
strategy that will meet the needs of the growing number of elderly in this country.
Older citizens in our communities deserve and require a tailored law enforcement
response to provide them with effective services. Law enforcement must understand
the problems, characteristics, and needs of the burgeoning elderly population. All
states have legislation that in some way affects the elderly, whether it is mandatory
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reporting laws, adult protection services laws, enhanced penalties for crimes against
the elderly, or domestic violence laws. Law enforcement agencies across the country
are shifting toward a community oriented approach to policing. A quality response to
the needs of the elderly is going to be an integral part of any community policing
effort.
With the growing elderly population, the nation should also be experiencing a
growing number of elderly victims. Since the elderly population has doubled since
1960, has the victimization of the elderly doubled as well? A study done by the
Bureau of Justice Statistics found the following to be true. Persons age 65 or older
are the least likely of all age groups in the nation to experience either lethal or
nonlethal forms of criminal victimization; the elderly in this study comprised less than
2% of all victimization (Bachman, 1993). If the elderly comprise 13% of the
population but only 2% of the victimization, then the rise in population has not been
equal to the rate of victimization.
Crime victimization rates among the elderly have been declining during the
1980's. Household crimes against the elderly in 1981 were 123 per 1000 households
with heads of households over 65. In 1990 this figure dropped to 75 in 1000
(Bachman, 1993).
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CONSTITUTIONAL AND LEGAL PROTECTIONS
A. PROTECTIONS UNDER INDIAN CONSTITUTION
38. State to secure a social order for the promotion of welfare of the people -
(1) The State shall strive to promote the welfareof the people by securing and
protecting as effectively as it may a social order in which justice, social, economic
and political, shall inform all the institutions of the national life.
(2) The State shall, in particular, strive to minimise the inequalities in income, and
endeavour to eliminate inequalities in status, facilities and opportunities, not only
amongst individuals but also amongst groups of people residing in different areas or
engaged in different vocations.
41. Right to work, to education and to public assistance in certain cases - The
State shall, within the limits of its economic capacity and development, make
effective provision for securing the right to work, to education and to public
assistance in cases of unemployment, old age, sickness and disablement, and in
other cases of undeserved want.
42. Provision for just and humane conditions of work and maternity relief - The
State shall make provision for securing just and humane conditions of work and for
maternity relief.
46. Promotion of educational and economic interests of Scheduled Castes,
Scheduled Tribes and other weaker sections - The State shall promote with
special care the educational and economic interests of the weaker sections of the
people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and
shall protect them from social injustice and all forms of exploitation.
47. Duty of the State to raise the level of nutrition and the standard of living
and to improve public health - The State shall regard the raising of the level of
nutrition and the standard of living of its people and the improvement of public health
as among its primary duties and, in particular, the State shall endeavour to bring
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about prohibition of the consumption except for medicinal purposes of intoxicating
drinks and of drugs which are injurious to health.
B. LEGAL PROTECTIONS
1. THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956
20. Maintenance of children and aged parents- (1) Subject to the provisions of
this section a Hindu is bound, during his or her lifetime, to maintain his or her
legitimate or illegitimate children and his or her aged or infirm parents.
(2) A legitimate or illegitimate child may claim maintenance from his or her father or
mother so long as the child is a minor.
(3) The obligation of a person to maintain his or her aged or infirm parent or daughter
who is unmarried extends in so far as the parent or the unmarried daughter, as the
case may be, is unable to maintain himself or herself out of his or her own ealnings
or other property
21. Dependents defined- For the purposes of this Chapter "dependents" mean the
following relatives of the deceased
(i) his or her father;
(ii) his or her mother;
(iii) his widow, so long as she does not remarry;
(iv) his or her son or the son of his predeceased son or the son of a predeceased
son of his predeceased son, so long as he is a minor; provided and to the extent that
he is unable to obtain maintenance, in the case of a grandson from his father's or
mother's estate, and in the case of a great-grandson, from the estate of his father or
mother or father's father or father's mother;
(v) his or her unmarried daughter for the unmarried daughter of his predeceased son
or the unmarried daughter of a predeceased son of his predeceased son, so long as
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she remains unmarried; provided and to the extent that she is unable to obtain
maintenance, in the case of a grand daughter from her father's or mother's estate
and in the case of a great-grand daughter from the estate of her father or mother or
father's father or father's mother;
(vi) his widowed daughter; provided and to the extent that she is unable to obtain
maintenance-
(a) from the estate of her husband; or
(b) from her son or daughter, if any, or his or her estate; or
(c) from her father-in-law or his father or the estate of either of them;
(vii) any widow of his son or of a son of his predeceased son, so long as she does
not remarry; provided and to the extent that she is unable to obtain maintenance
from her husband's estate, or from her son or daughter, if any, or his or her estate; or
in the case of a grandson's widow, also from her father-inlaw's estate;
(viii) his or her minor illegitimate son, so long as he remains a minor;
(xi) his or her illegitimate daughter, so long as she remains unmarried.
22. Maintenance of dependents- (1) Subject to the provisions of sub-section (2),
the heirs of a deceased Hindu are bound to maintain the dependents of the
deceased out of the estate inherited by them from the deceased.
(2) Where a dependent has not obtained, by testamentary or intestate succession,
any share in the estate of a Hindu dying after the commencement of this Act, the
dependent shall be entitled, subject to the provisions of this Act, to maintenance from
those who take the estate.
(3) The liability of each of the persons who take the estate shall be in proportion to
the value of the share or part of the estate taken by him or her.
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(4) Notwithstanding anything contained in sub-section (2) or sub-section (3), no
person who is himself or herself a dependent shall be liable to contribute to the
maintenance of others, if he or she has obtained a share or part, the value of which
is, or would, if the liability to contribute were enforced, become less than what would
be awarded to him or her by way of maintenance under this Act.
23. Amount of maintenance- (1) It shall be in the discretion of the court to
determine whether any, and if so what, maintenance shall be awarded under the
provisions of this Act, and in doing so, the court shall have due regard to the
consideration set out in sub-section (2) or sub-section (3), as the case maybe, so far
as they are applicable.
(2) In determining the amount of maintenance, if any, to be awarded to a wife,
children or aged or infirm parents under this Act, regard shall be had to-
(a) the position and status of the parties;
(b) the reasonable wants of the claimant;
(c) if the claimant is living separately, whether the claimant is justified in doing so;
(d) the value of the claimant's property and any income derived from such property,
or from the claimant's own earning or from any other source;
(e) the number of persons entitled to maintenance under this Act.
(3) In determining the amount of maintenance, if any, to be awarded to a
dependent under this Act, regard shall be had to-
(a) the net value of the estate of the deceased after providing for the payment of his
debts;
(b) the provision, if any, made under a will of the deceased in respect, of the
dependent;
(c) the degree of relationship between the two;
(d) the reasonable wants of the dependent;
(e) the past relations between the dependent and the deceased;
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(f) the value of the property of the dependent and any income derived from such
property, or from his or her earnings or from any other course;
(g) the number of dependents entitled to maintenance under this Act.
24. Claimant to maintenance should be a Hindu- No person shall be entitled to
claim maintenance under this Chapter if he or she has ceased to be a Hindu by
conversion to another religion.
25. Amount of maintenance may be altered on change of circumstances- The
amount of maintenance, whether fixed by a decree of court or by agreement either
before or after the commencement of this Act, may be altered subsequently if there
is a material change in the circumstances justifying such alteration.
26. Debts to have priority- Subject to the provisions contained in Section 27 debts
of every description contracted or payable by the deceased shall have priority over
the claims of his dependents for maintenance under this Act.
27. Maintenance when to be a charge- A dependent's claim for maintenance under
this Act shall not be a charge on the estate of the deceased or any portion thereof,
unless one has been created by the will of the deceased, by a decree of court, by
agreement between the dependent and the owner of the estate or portion, or
otherwise.
28. Effect of transfer of property on right or maintenance- Where a dependent
has a right to receive maintenance out of an estate and such estate or any part
thereof is transferred, the right to receive maintenance may be enforced agamst the
transferee if the transferee has notice of the right or if the transfer is gratuitous; but
not against the transferee for consideration and without notice of the right.
2. Muslim Law
Children have a duty to maintain their aged parents even under the Muslim law.
According to Mulla :
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(a) Children in easy circumstances are bound to maintain their poor parents,
although the latter may be able to earn something for themselves.
(b) A son though in strained circumstances is bound to maintain his mother, if the
mother is poor, though she may not be infirm.
(c) A son, who though poor, is earning something, is bound to support his father who
earns nothing.
According to Tyabji, parents and grandparents in indigent circumstances are
entitled, under Hanafi law, to maintenance from their children and grandchildren who
have the means, even if they are able to earn their livelihood. Both sons and
daughters have a duty to maintain their parents under the Muslim law. The
obligation, however, is dependent on their having the means to do so.
3. Christian And Parsi Law
The Christians and Parsis have no personal laws providing for maintenance for the
parents. Parents who wish to seek maintenance have to apply under provisions of
the Criminal Procedure Code.
4. PROTECTIONS UNDER CRIMINAL PROCEDURE CODE, 1973
125. Order for maintenance of wives, children and parents,
(1) If any person having sufficient means neglects or refuses to maintain—
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to
maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained
majority, where such child is, by reason of any physical or mental abnormality or
injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first
class may, upon proof of such neglect or refusal, order such person to make a
monthly allowance for the maintenance of his wife or such child, father or mother, at
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such monthly rate not exceeding five hundred rupees in the whole, as such
magistrate thinks fit, and to pay the same to such person as the Magistrate may from
time to time direct:
Provided that the Magistrate may order the father of a minor female child
referred to in clause (b) to make such allowance, until she attains her majority, if the
Magistrate is satisfied that the husband of such minor female child, if married, is not
possessed of sufficient means
(2) Such allowance shall be payable from the date of the order, or, if so ordered,
from the date of the application for maintenance
(3) If any person so ordered fails without sufficient cause to comply with the order,
any such Magistrate may, for every breach of the order, issue a warrant for levying
the amount due in the manner provided for levying fines, and may sentence such
person, for the whole, or any port of each month's allowance remaining unpaid after
the execution of the warrant, to imprisonment for a term which may extend to one
month or until payment if sooner made:
Provided that no warrant shall be issued for the recovery of any amount due
under this section unless application be made to the Court to levy such amount
within a period of one year from the date on which it became due:
Provided further that if such person offers to maintain his wife on condition of
her living with him, and she refuses to live with him, such Magistrate may consider
any grounds of refusal stated by her, and may make an order under this section
notwithstanding such offer, if he is satisfied that there is just ground for so doing
(4) No wife shall be entitled to receive an allowance from her husband under this
section if she is living in adultery, or if, without any sufficient reason, she refuses to
live with her, husband, or if they are living separately by mutual consent
(5) On proof that any wife in whose favour an order has been made under this
section is living in adultery, or that without sufficient reason she refuses to live with
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her husband, or that they are living separately by mutual consent, the Magistrate
shall cancel the order
5. National Policy For Older Persons 1999
In order to address the problems of the older persons The Ministry of Social Justice
and Empowerment has launched in the year 1999, A National Policy For Older
Persons. Its main features are as fallows:
Old age Pension Scheme
Tax Exemption for Senior Citizens
Make PDS to reach older people
Subsidy in healthcar, geriatrics care, mental health services, counselling
facilities
Grants, land grant at concessional rates to NGIs and private hospitals to
provide economical and specialized care for the older person
Earmarking 10% of the houses in housing schemes and easy access to loans
Layout of housing colonies to be sensitive to the needs of the older persons
Quick disposal of cases of property-transfer, mutation, property tax etc
Assistance for constrction/maintenance of old age home, Daycare centers,
multi-service citizens center, out reach services, supply of disability related
aids and appliances etc
Setting up a welfare fund for plder persons
6. THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR
CITIZENS ACT, 2007
Under the act, maintenance application can be filed by parents and senior
citizens (above 60 years) unable to maintain himself/herself, against children
(not minor) or relatives (who would inherit and are in possession of the
property of the elderly ).
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The maintenance application can be filed by the senior citizen or a parent or
any other person or organization authorized by him, if incapable of doing so
himself.
The maintenance application can be filed either in the district where the
elderly resides, or where the children or relatives resides. Notices would be
sent and the proceedings should conclude within 90 days from the date of
service of the maintenance applicationon the children or relatives.
The case would be referred for conciliation, if appropriate, before hearing. The
findings of the conciliation officer (who can be the maintenance officer.NGO
representative or anyone on behalf of the elderly) should be submitted to the
tribunal within a month. If an applicable settlement has been reached,
Tribunal shall pass an order according to that settlement.
If, children or relatives are ordered by the Tribunal to pay maintenance to the
elderly, fail to comply, they are liableto a fine or imprisonment.
Abandonment of the elderly is now a cognizable offence. Anyone responsible
for looking after or protecting the senior citizens, leaves him/her in any place
with the intention of wholly abandoning, shall be punished and fined.
Role of NGO has also been legislated under the act e.g. for filling
maintenance application on behalf of the elderly if he/she is unable to do so
himself/herself, for reconciliation and reconciliation and representation of
his/her case if unable to do so and authorized someone else to represent and
facilitate.
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CHAPTER - 2
STATEMENT OF THE PROBLUM
There are an estimated 100 million older people in Indian, by 2050 the figure
is estimated to rise to 326 million (UN projections). In year 2011-2012 HelpAge
received 974 calls relating to Abuse, Violence and Disputes. During 2010, 92,865
persons over the age of 65 were victims of violent crime. In 2010, 585 people age 65
or older were murdered, or 4.5 percent of all murder victims.
With declining fertility, coupled with increase in life expectancy, the number of
older persons in population of India is expected to increase more than double from
71 million in 2001 to 173 million by 2026. Normally, males out-number females in
total population. But among population of elderly, the reverse is true. Population of
metros is large. They have huge floating population. A large fraction of their
population resides in ramshackle housing (slums) that surrounds high-rise
prosperous clusters. These factors promote violence and crime. Total population (in
lakh) of mega cities of Chennai, Delhi, Kolkata and Mumbai, for crime analysis
purpose, as per 2001 census, is 64.25, 127.91, 132.17 and 163.68 respectively.
United Nations (UN) statistics illustrate the explosive growth of aged
populations around the world. By 2050, for example, nearly 33 percent of the people
living in the world's most developed countries—those in North America, Western
Europe, and parts of Asia—will be at least 60 years old, up from less than 12 percent
in 1950.
According to the data available with Delhi police, the total number of senior
citizens registered with the Delhi police till June 15 this year is 13,147. The figure
was 12,788 in the year 2011. Most of the people either are not aware of the
registration procedure or do not pay attention.
Consider this, out of every 10 elderly couples in India; more than 6 are forced
by their children to leave their homes. With no place to go and all hopes lost, the
elderly have to resort to old age homes, which do not guarantee first class treatment.
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Every other day, we see news of parents being beaten up by their children, parents
and in laws being forced to do the house hold chores, being made to live in small
dungeon like rooms, their property being forcefully taken over by ambitious children.
There are 81million older people in India-11 lakh in Delhi itself. According to
an estimate nearly 40% of senior citizens living with their families are reportedly
facing abuse of one kind or another, but only 1 in 6 cases actually comes to light.
Although the President has given her assent to the Maintenance and Welfare of
Parents and Senior Citizens Act which punishes children who abandon parents with
a prison term of three months or a fine, situation is grim for elderly people in India.
Thus the children violets the various rights of their parents and the defense
Mechanism of senior citizens are very weak, so their many Human Rights are
violated. The main reason of this is the illiteracy and the unawareness of the law
between them. Senior Citizens are the soft target so they can easily Victimized.
Older adults are particularly vulnerable to certain types of crime, including
elder abuse and financial fraud. Elder abuse refers to any knowing, intentional, or
negligent act by a caregiver or any other person that causes harm or a serious risk of
harm to a vulnerable adult. All 50 states have passed some form of elder abuse
prevention laws. Elder abuse includes physical, sexual, and emotional abuse;
neglect, abandonment, or financial exploitation; or failure to intervene when an older
people fail to take care of themselves. These crimes are often unreported,
particularly because the victims may be dependent on the abusers.
Older people are also frequently targeted for financial fraud. In recent years,
reports to the Federal Trade Commission and National Consumers League have
significantly increased. Scams directed at seniors include fake check scams, the
grandparent scam (in which the scammer pretends to be a grandchild in financial
trouble), investment fraud, sweepstakes fraud, and identity theft.
The crime situation in India, according to N.S. Sexena, knows that crime and
violence against the aged are increasing. He further remarks that this statement can
neither be proved nor disproved on the basis of official statistics of crime as police do
not register a great deal of crime reported to it. A recent survey reveals that only 23