Fundamental rights of senior citizens at a glance

Submitted by asandil on 2/20/2014

Ageing is a natural process that brings with a host of challenges in the life of the elderly, especially in their body, mind, living patterns and thought-process. May be, they have retired formally, yet an overwhelming majority of them are mentally alert and physically fit, and can make a significant contribution in the development of the nation.

The moral duty of a person is to maintain and support his parents. However, as far as law is concerned, the liability varies from community to community. According to Hindu laws, there is provision for maintenance of parents under Hindu personal law is contained in Sec. 20 of the Hindu Adoption and Maintenance Act, 1956. This Act is the first personal law statute in India, which imposes an obligation on the children to maintain their parents.

According to Muslim law and other communities of India, children have a duty to maintain their aged parents. A son, who is poor, is also bound to support his parents who earn nothing.

Government has approved some elderly reservations and benefits. Those are:

  1. National Policy for Older Persons that is approved by the Government of India on January 13, 1999 in order to accelerate welfare measures and empowering the elderly in ways beneficial for them. This policy included the following major steps:
  • To ensure security of those people who have been serving in a private or unorganized sector to setting up of a pension fund.
  • Construction of day care centers and old age homes in every district.
  • Establishment of centers to take initiatives for re-employment bureaus for those people who are above 60 years.
  • Concessional travel arrangement on rail/air fares for the people who are 60 and above.
  • Enacting legislation for the elderly people for ensuring compulsory health care in all the public hospitals.
  1. The Ministry of Justice and Empowerment has made an announcement regarding the setting up of a National Council for Older Persons to seek opinion of aged to make their life easier, called Agewell Foundation.

  2. The government announced a prompt settlement of provident fund (PF), pension and gratuity etc. in order to save the older persons from any hardships or trouble. It also promotes to make the taxation policies more flexible for elder people.

  3. The policy also concentrates on high priority to their health care requirements.

  4. According to Sec.88-B, 88-D and 88-DDB of Income Tax Act, there are discounts in tax for the older persons.

  5. Life Insurance Corporation of India (LIC) has also been providing several schemes for the benefit of aged persons, i.e. Jeevan Akshay Yojana, Jeevan Dhara Yojana, Medical Insurance Yojana, Senior Citizen Unit Yojana.

  6. Former Prime Minister Atal Bihari Bajpai also launched ‘Annapurana Yojana’ for the benefit of aged persons. Under this Yojana unattended aged persons are being given 10 kg foods for every month.

  7. Under Government schemes, it is proposed to allot 10 percent of the houses constructed to the older persons of the urban and rural lower income segments on easy loan.

It may be concluded by saying that the problem of the older people must be treated with utmost care. For the elderly people, the family in modern society should not be thought to be a secure and safe place always. Thus, it should be the Constitutional duty of the State to make an Act for the extra protection and welfare of the senior citizens.