Indian Laws and Popular FAQs Related to The Senior Citizens Act, 2007

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Are the laws for senior citizens in India effective? Let's find out.

Most countries across the world have laws to protect the interests of their senior citizens. Indian laws pertaining to the rights of the senior citizens are governed by the Senior Citizens Act, 2007.

Officially, this Act for senior citizens is called the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. It extends to whole of India except for Jammu and Kashmir. It is applicable to all Indians and non-resident Indians.

Here are the main definitions under the Act:

  • Children: includes son, daughter, grandson and grand-daughter but does not include a minor.
  • Maintenance: includes provision for food, clothing, residence and medical attendance and treatment.
  • Parent: means father or mother whether biological, adoptive or step father or step mother, as the case may be, whether or not the father or the mother is a senior citizen.

Indian Laws: What is the Object of the Senior Citizens Act?

The objective of the Act is simple, namely welfare of the senior citizens. This Act provides provisions for the maintenance of the senior citizens by their children. In case the children do not provide maintenance, they can appeal to the Tribunal constituted under the Act.

Indian Laws: What are the Benefits of the Senior Citizens Act?

Many old people, who are not able to maintain themselves due to lack of money, will be entitled to relief by approaching the designated Tribunal.

Senior Citizens Act, Maintenance and Welfare of Parents

Indian Laws: How does the Senior Citizens Act pertain to Duties of Children?

The Act makes it compulsory for the children to fulfill the basic needs of their parents, provide for their care during old age and help them to lead a normal life without being neglected of their basic needs. The relevance has become more important today because aged parents are increasingly being dumped in old age homes by children. Worse, the trends indicate that this is more frequent in middle class and well-to-do Indian families than in rural areas.

Indian Laws: What is the Punishment in Case of Violation of the Act?

In case somebody violates the provisions under the Act, s/he may be punished with imprisonment up to 3 months or fine up to Rs.5, 000 or both.

Indian Laws: What can be done for Childless Senior Citizens?

The Act obligates the relatives of a childless aged person to provide maintenance to the senor citizen on the condition that they have the custody of the property of the senior citizen. 

Final Legal Take Away Tip: Under the provision of the Act, the state government is obliged to perform some activities to ensure the welfare of senior citizens, such as maintaining at least one old age home in each district and providing decent medical facilities for the senior citizens.
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How can one start and what is the registration procedure for senior citizen's home in India?
Please guide.
Satish

As far as I know only the Rules framed under this act in Andhra Pradesh provide for Registration of Old Age Homes. Other states are silent about it. Chapter 4 of GO Ms 49 dated 28-12-2012 gives details of registration procedure. THese may be used as guidelines in other states though not binding. AISCCON has published AISCCON guide on Elder Care Homes in Nov 2011 dealing with all important aspects of setting up old age homes.

I purchased a property measuring 5200 sq feet at Nagpur in the year 1966 from the Nagpur improvement Trust. All the documents are in my name.
A lawyer has files a frivolous petition against me for partition. The case is filed in a Junior division court having a jurisdiction of Rs. One Lakhs only. He has spend 2 1/2 years in proceedings for 9-A decision.through adjournments and management of Judges.
Now he is asking for out of court settlement, saying that he will delay for at least 4/5 years, by then i may not be there.
Is there any any provision by the mumbai High court to expedite the proceedings for senior citizens? Can i have a copy of the circular?

Dear Yogendra,

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