Legal rights of Parents and Senior Citizens in India

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a legislation enacted in 2007, initiated by the Ministry of Social Justice and Empowerment, Government of India, and is in force across the country. Under the Act, senior citizens who are unable to maintain themselves have the right to apply to a maintenance tribunal seeking a monthly allowance from their children or heirs. The Act makes it a legal obligation for children and heirs to provide maintenance to senior citizens. It also permits state governments to establish old age homes in every district.

State governments may set up maintenance tribunals in every sub-division to decide the level of maintenance. Appellate tribunals may be established at the district level. If a person ordered to pay maintenance fails to comply without sufficient cause, the tribunal may, under Section 5(8) of the Act, recover the amount in the manner provided for fines and may order imprisonment for a term which may extend to one month or until payment, whichever is earlier. (This is distinct from the separate offence of abandoning a senior citizen, which carries a fine of up to Rs 5,000 or imprisonment of up to three months, or both, under Section 24.) State governments shall set the maximum monthly maintenance allowance, which the Act caps at Rs 10,000 per month.

The state government may establish one or more maintenance tribunals per sub-division to decide upon the order for maintenance.

• If the tribunal is satisfied that the senior citizen is unable to take care of him and that there is neglect or refusal of maintenance on the part of the children or relative, it may order children or relatives to give a monthly maintenance allowance to the senior citizen. The maximum maintenance allowance shall be prescribed by the state government.

• The tribunal may order children or relative to make a monthly allowance as interim maintenance while the application is pending. The application shall, as far as possible, be disposed of within 90 days.

• The maintenance allowance shall be payable from either the date of the order or the application, to be deposited within 30 days of the order. A simple interest payment between 5% and 18% on the monthly allowance from the date of the application may also be required.

• The tribunal may alter the allowance for maintenance on proof of misrepresentation or mistake of fact or a change in the circumstance of the senior citizen or parent receiving the monthly payment.

On failure to comply with the maintenance fee, the tribunal may issue a warrant for collection within three months of the due date. Should the fee remain unpaid, the accused may be imprisoned for up to one month or until payment, whichever is earlier. Punishment for abandoning a senior citizen shall include an imprisonment of up to three months or fine of up to Rs 5,000, or both. The tribunal can declare a transfer of property from a senior citizen to a transferee as void if the transfer was made under the condition of maintenance, and the transferee neglects the agreement. A registered voluntary organization may take action on behalf of the senior citizen if he or she is unable to enforce these rights.