The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 : An Overview

Our culture recognizes the status of the parents as that of God. So it is moral duty or obligation of children to maintain their parents. Maintenance of Parents is included in section 125 of Criminal Procedure Code, 1973. Also The Hindu Adoption and Maintenance Act 1956 provide maintenance to elderly. Under these sections and acts parents can claim maintenance from their children. But some speedy, inexpensive process is needed and hence The Maintenance and Welfare of Parents and senior Citizen Act, 2007 was enacted. Need for the legislation and some important sections are discussed in the article.
Need for the legislation: Our culture stated status of parents as that of God through sayings like “Matrudeo Bhava”, “Pitrudeo Bhava” etc. The famous “Shravankumar’s” story which was stated in “Ramayana” establishes this fact. Our culture considers them as first teachers. The foundation of our life is built up by them. So children should take care of them, respect them. It should be the moral duty of children to maintain their parents. Our traditional values and norms lay stress on showing respect and providing care for the aged. In joint family system all members are cared by the family itself. But now a day’s the concept of joint family system is withering away. And because of industrialization, money mind, increase in market prices children started neglecting their parents. Children have no time to look after their parents because of their busy schedule. And as a consequence of this situation the elders get neglected and they are now exposed to emotional neglect and to lack of physical and financial support. Human beings need some kind of support in this age. Because of this it is necessary to put some legal and moral obligation on children. And it can be done by enacting some laws and prescribing some punishment. Threat of punishment is very essential to deal with such a situation. Family life is very necessary for senior citizens and for parents to lead a life of security, care and dignity. The population of the older persons in India is continuously increasing. The Registrar General of India forecasts the share of older persons (age 60 years and above) in the total population to rise from 6.9% in 2001 to 12.4% in 2026 [2].  The maintenance of parents was included in section 125 of CrPC but the procedure is time consuming and expensive. So there is need of a simple, Inexpensive and speedy procedure to claim maintenance by the suffering parents. And hence “To cast an obligation on the persons who inherit the property of their aged relatives to maintain them and to make provisions for setting up oldage homes for providing maintenance to the indigent older persons and to provide better medical facilities to the senior citizens and to make provisions for protection of their life and property the Maintenance and Welfare of Parents and Senior Citizens Bill was introduced in the Parliament.”[3] The bill provides for—
a)    appropriate mechanism to be set-up to provide need-based maintenance to the parents and senior citizens;
b)    providing better medical facilities to them;
c)    for institutionalization of a suitable,  mechanism for protection of life and property of older persons;
d)    Setting-up of oldage homes in every district.
Difference between S125 CrPC and the said act: There is a considerable difference between the two acts. These differences show the need of the above stated act and how the stated act tried to give more relief to the parents and senior citizen. Some of these differences are: Under S125 of CrPC there is no provision for maintenance of senior citizen who is without child. But under Senior citizen act a childless senior citizen can claim maintenance. In The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizen Act) the power is given to the tribunal to decide the case but in CrPC only the Magistrate orders the claim for maintenance. In CrPC Proceedings are time consuming. But in the other act time limit of 90 days is stated. Under CrPC advocate can participate in proceedings but participation of advocate is barred in Senior citizen Act. Also in CrPC there is restrictive definition of parents while in the other act broad definition is given.
Benefits of the Legislation: An overview: The name of the act is descriptive and conveys that the parents and senior citizens are required to be maintained by their children. Some important features of the act: This act has only 32 sections. It ensures that maintenance of old persons by their family will be a matter of right for the parents. It should be the duty of the children to maintain their parents. The Act is applicable to all persons irrespective of their religion. Earlier, provision for maintenance provided under section 20 of the Hindu Adaptations and Maintenance Act, 1956 in which the aged parents can file the proceedings for their maintenance which is religion restricted act. The definition of maintenance covers all basic necessities and requirements of life. The age of parent is not described. Hence a parent can claim maintenance without any bar of age. And “senior citizen” means any person who is citizen of India and who has attained the age of 60 and above. This also includes childless senior citizen. He can claim maintenance from relative who is legal heir of that senior citizen and who is in possession of or would inherit his property after his death. And hence a senior citizen who is childless can file an application for maintenance under this act. This act has an overriding effect on provisions of any other act. This is a special act and hence it will prevail over other acts. The State Government has to constitute the Tribunal according to the act. The maintenance proceedings are required to be adjudicated by the Tribunal exclusively. This Tribunal is presided over by an officer not below the rank of Sub Divisional Officer of a State. The senior citizen or parents can either apply in person or through a person authorized by him or through a voluntary organization registered under the Societies Registration Act. Even the Tribunal can take cognizance suo moto. So the jurisdiction of the tribunal is very wide. The Tribunal after considering all the facts may order children or relative to make a monthly allowance. The maximum maintenance allowance may be prescribed by the State Government and which shall not exceed the ten thousand rupees per month. Tribunal has been given power for alteration in maintenance allowance. The Tribunal has given power to order interim maintenance so that the urgent needs of senior citizen or parents can be fulfilled. The senior citizen or parent can initiate the proceedings where they are residing presently or last resided where children or relative resides hence option is given to the parent or senior citizen to initiate the proceedings. An option is given to senior citizen and parent to have recourse to only one proceeding either under Chapter-IX of the Code of Criminal Procedure, 1973 or under the present Act. The proceedings should be disposed of within 90 from the date of the service of notice of the application by the Tribunal. The person against whom an order for maintenance is passed has to comply with the order within one month otherwise the tribunal can imprison him or her up to period of one month. The Tribunal before hearing an application for maintenance may refer the same to Conciliation Officer, who shall submit its findings within one month if the settlement is arrived at between the parent or senior citizen and their children and relative and after this the Tribunal will pass an order to that effect. This officer is designated by the State Government. Appeal is required to be filed within a period of 60 days from the date of order to the Appellate Tribunal by a senior citizen or a parent. The decision of the Appellate Tribunal shall be final. A party cannot be represented by legal practitioner.  This is an important section as it is responsible to curtail the cost of the proceedings. This Act requires the State Government to establish and maintain oldage homes at assessable places with at least one in each District, which shall have minimum of 150 senior citizens, who are indigent. Hence this will provide a support to senior citizen. But only threat is that it should not be used for corrupt and other purposes. This section gives some specific instructions to Government Hospital in the matter of health of senior citizen. A senior citizen who has transferred his property either to his son or daughter or near relative, by virtue of a will or gift, can cancel the same by applying to the Tribunal, if he or she is neglected by the done.  If parents or senior citizens are abandoned with an intention by a person who has to take care and protection then  said person is punishable with imprisonment, which may extend to three months or fine, which may extend to Rs. 5,000/- or both. And if children or relative behaves like this then the senior citizen can file a complaint before the concerned Police Station. Hence senior citizen is now protected from all sides. And every offence under this act is cognizable and bail able. The jurisdiction of the Civil Court is barred in connection with the present Act. To spread awareness among the people relating to this law, public media like television, radio etc must be used.
Conclusion: This act is very important as it ensures speedy, inexpensive proceedings. This will be a great relief to the parents and senior citizens. Also the precious time of Hon’ble court can be saved as Tribunals are established. This act is made applicable to senior citizens who are childless. So a very broad view is adopted in this act. No hiring of Advocates and hence the cost of proceedings is reduced. This act is silent in case of transfer of property to children. There should be some responsibility on parents not to prepare any will in favour of third parties when the children or relatives are taking care of them. Very quick and fast steps should be taken to make people aware of the stated act and to start all the proceedings of maintenance in Tribunal. The high Court of Delhi in one case  stated “Though not directly relevant, the court is mindful that Parliament enacted the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, with a view to providing for senior citizens, who are neglected by their children or near relatives; the enactment provides positive rights of claiming maintenance, (by the senior citizens) from those relatives who are likely to inherit their property…”[4]
[1] IIIrd BSL LLB, ILS Law College, Pune

[2] http://www.indiatogether.org/2007/jul/law-seniors.htm

[3] Introduction to the Maintenance and Welfare of Parents and Senior Citizens Act, 2007; Bare Act

[4] Kulwant Singh vs Laljee Kent and ors, 162(2009)DLT625