Strict compliance of law for senior citizens

The News

The Delhi High Court ordered the city government to ensure strict compliance with the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

The Act provides for children to provide maintenance for their parents, and the government to provide old-age homes for senior citizens.

The court also directed the Delhi State Legal Services Authority to ensure that legal aid is provided to senior citizens and that they are not put to any inconvenience.

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007

  • It is legislation, initiated by the Ministry of Social Justice and Empowerment, Government of India
  • To provide more effective provision for maintenance and welfare of parents and senior citizens.
  • Make it a legal obligation for children and heirs to provide maintenance to senior citizens and parents, by monthly allowance.
  • Provide simple, speedy, and inexpensive mechanisms for the protection of life and property of older persons.
Maintenance of parents and senior citizens
  • A senior citizen including a parent who is unable to maintain himself from his own earning or out of the property owned by him, is entitled to get relief under this Act.
  • Children/grandchildren are under obligation to maintain his or her parent either father, mother or both.
  • Likewise, relative of a senior citizen is also bound to look after the senior citizen.
  • If such children or relative is not maintaining his parents or senior citizen respectively, then the parents/senior citizen can seek the assistance of Tribunal constituted under this Act, to enforce the remedy of maintenance.
  • Such parents/ senior citizen can file an application before the Tribunal, claiming maintenance and other reliefs from their children/relatives.
  • Such 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 organisation authorised by him.
  • The Tribunal can also Suo motu take cognizance of the case.

Posted by on 5th Aug 2022