Laws Related To Senior Citizen - Social Justice Notes

Senior citizen is defined as any Indian citizen who has reached the age of sixty or more. The elderly are vulnerable due to an increased prevalence of disease and incapacity, as well as their economic reliance on spouses, children, and other younger family members. The Ministry of Social Justice and Empowerment develops and implements Acts, Policies, and Programs for the Welfare of Older People in collaboration with the states/UTs.

This article explains about the Laws Related To Senior Citizens that are important for UPSC IAS exam preparation.

Focus of the policy

• Integrate senior people, particularly older women, into national development debates, with a focus on implementing mechanisms previously established by governments and backed by civil society and senior citizens organisations.
• Encourage the formation and development of senior citizen groups, particularly among women.
• Promote the notion of "Ageing in Place," or ageing in one's own home, housing, income security and homecare services, old age pension and access to healthcare insurance schemes, and other programmes and services that promote and preserve dignity in old age. The policy's emphasis would be on prevention rather than treatment.
• Institutional care will be considered as a last resort under the policy. It recognises that the care of older adults must remain in the hands of families, in collaboration with the community, government, and the commercial sector.

Areas of intervention

• Financial stability is a crucial intervention necessary in old age, as more than two-thirds of the elderly live below the poverty line.
• It would rise consistently with age across the country.
• National Old Age Pension Scheme: All elderly persons living below the poverty level would be covered by an old age pension plan.
  • The monthly pension rate will be adjusted to Rs.1000 per person and updated at regular intervals to minimise deflation owing to rising purchasing costs.
  • The Indira Gandhi National Old Age Pension Scheme will cover the "oldest ancient" (IGNOAPS). They would be given an extra pension in the event of infirmity, the loss of adult children, and the duty for grandchildren and women. Every five years, this would be revisited.
• System of Public Distribution: The public distribution system would extend to all older persons living in poverty.
• Personal Income Tax: Taxation policies would indicate sensitivity to the financial challenges of older folks, which are escalating owing to the extremely high expenditures of medical and nursing care, transportation, and home support services.
• Microfinance: Senior citizens would be granted low-interest loans to help them launch small companies. The Reserve Bank of India would encourage microfinance for older folks by issuing appropriate guidelines.
• Medical care: With advancing age, senior citizens have to cope with health and associated problems some of which may be chronic, of a multiple nature, require constant attention and carry the risk of disability and consequent loss of autonomy.
• Security and safety: Community awareness and policing would be used to combat elder abuse and crimes against older individuals, particularly widows, those living alone, and the crippled.
• Housing is a fundamental human requirement. The housing stock for various income groups will be boosted. Senior seniors will receive 10% of housing initiatives for low-income urban and rural residents.
• The government will establish a welfare fund for older residents using funds earned by a social security cess. The income collected would be divided among the states in accordance to their number of older persons.

Maintenance and Welfare of Parents and Senior Citizens Amendment Bill 2019

• The Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019, amends the 2007 Act to safeguard all senior citizens and parents, including those who have been neglected and are unable to support themselves.
• The Bill broadens the scope of the 2007 Act and includes safeguards for their health and safety.
• The definition of "children" has been enlarged to include son-in-law and daughter-in-law. Senior folks' daughters-in-law and sons-in-law would be accountable for their care.
• Attempts to strengthen the penalty for child neglect, spread obligation beyond biological children and grandkids, and enlarge the meaning of maintenance to encompass safety and security. This statute will eventually protect the rights of the elderly who have witnessed abuse and assist them in pursuing legal action.
• The Act requires state governments to establish Support Tribunals to determine the amount of maintenance payable to older persons and parents.
• These tribunals have the authority to require children and relatives to pay parents and older persons a monthly maintenance cost of up to Rs. 10,000.
• It represents a much-needed shift towards providing elderly adults with a life of dignity and respect by recognising it as a right.

Conclusion

Ageing is a continuous, irreversible, universal process that begins with conception and ends with death. However, the age at which one's productive output drops and one becomes economically reliant is most likely the start of the elderly stage of life. The elderly are defined as people aged 60 and up by the National Elderly Policy. A number of constitutional provisions exist to improve the quality of life for the elderly. The Ministry of Social Justice and Empowerment develops and implements Acts, Policies, and Programs for the Welfare of Older People in collaboration with the states/UTs.

FAQs

MCQs

Question: With reference to the National Policy for Senior Citizens, 2011, consider the following statements:

1. Institutional care will be considered as a last resort under the policy.
2. Encourage the formation and development of senior citizen groups, particularly among women.
3. Long-term savings and credit activity will be encouraged.

Which of the above statements is/are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 only

(d) All of the above

Question: Consider the following statements about, National Council for Senior Citizens

1. National Council for Senior Citizens, led by the Ministry for Social Justice and Empowerment.
2. The Council, which has a Six-year term, will review policy execution and advise the government on senior citizen problems.

Which of the above statements is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2