THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS (AMENDMENT BILL) 2019

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UPSC SOCIO MAINS – PAPER 2 – PART C – CHALLENGES OF SOCIAL TRANSFORMATION

GS 2 MAINS – Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions, and Bodies constituted for the protection and betterment of these vulnerable sections.

 

INTRODUCTION

  • As per the 2011 Census, citizens over the age of 60 years comprise 8.6% of India’s population, and their share of the population is projected to grow to 21% by 2050.
  • The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was enacted to provide financial security, welfare and protection for senior citizens.  
  • It requires children to provide maintenance for their parents, and the government to provide old age homes and ensure medical care for senior citizens.  
  • It sets up Administrative Tribunals and Appellate Tribunals to ensure maintenance.

 

THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT 2007

  • The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was enacted to provide financial security, welfare and protection for senior citizens.
  • It requires children to provide maintenance for their parents, and the government to provide old age homes and ensure medical care for senior citizens.

 

KEY HIGHLIGHTS OF THE AMENDMENT BILL 2019

  • The Bill brings step-children, adoptive children, children-in-law, and legal guardians of minor children under the definition of children.
  •  Under the Act, Maintenance Tribunals may direct children to pay a maximum of Rs 10,000 per month as maintenance amount to their parents. The Bill removes this upper limit on the maintenance fee.  
  • The Act provides for senior citizens to appeal the decisions of the Maintenance Tribunal.The Bill allows children and relatives also to appeal decisions of the Tribunal.
  • The Bill provides that if the children or relatives fail to comply with maintenance orders, the Tribunal may issue a warrant to levy the due amount.  Failure to pay such fine may lead to imprisonment of up to one month, or until the payment is made.
  • The Bill provides for the regulation of private care-homes for senior citizens, and institutions providing home-care services. 
  • The bill expands the definition of Maintenance to include the provision of healthcare, safety, and security for parents and senior citizens to lead a life of dignity.
  • Maintenance officer will (i) ensure compliance with orders on maintenance payments, and (ii) act as a liaison for parents or senior citizens.

 

LIMITATIONS OF THE BILL

  • Under the Act, Maintenance Tribunals will be presided by administrative officers. The Tribunals will decide the maintenance amount payable to senior citizens by children and relatives. The Bill states that the maintenance amount will be calculated based on (i) the standard of living and earnings of the parent or senior citizen, and (ii) the earnings of the children. Administrative officers may not have the judicial expertise required to determine the maintenance amount payable.  
  • The Bill defines “relative” as any legal heir of a childless senior citizen. However, the senior citizen may change his will from time to time.   Therefore, there is no finality on who would be the legal heir, and therefore who must maintain the senior citizen.
  • State governments must provide the finances needed to implement the Bill.  This includes setting up of Maintenance Tribunals, and regulating private care-homes.  Implementation of the Bill may be affected if states do not have adequate funds to do so. 
  • Homecare services are not defined in the Act or Bill.  Note that homecare services can cover a range of activities from cooking and cleaning, to administering IV drips.  It is unclear which services will be classified and regulated as homecare services.  
  • Further, the Bill requires that institutions providing home care services must hire trained and certified attendants or caregivers.  However, it does not specify or delegate to Rules the certifications and trainings that attendants and caregivers must receive to provide such services.  

 

The approval of the new bill is a long awaited. With more than 135 million elderly people, India today has the second-largest population of senior citizens who deserve care and concern. The fast-paced and ever-changing life of today is continuously widening the gap between generations and thus the creation of a happy environment for the elderly is our traditional, moral, and now even legal responsibility.