Elder abuses and the Law

“Elder Abuses”

This week’s Magazine of ‘Hindu’ (dated April 5, 09) presents a very sensitive issue. That’s about ‘Elder abuse’. The article on “The sunset Years’ by the authors Sujata Madhok, Remya Kannan, and Ramappa, presents a lot on this major social issue. More than anyone else, we, all senior citizens, should take note of the issue here, with the hope that “that shouldn’t happen to us”. Let’s all plan well for our happy old age, by acting now (atleast) on the right options before us.

The first article narrates the life of Smt.Lokita Sarkar. She, now at 87, is an example of the trauma that old people undergo, particularly when they are alone.

Lotika Sarkar is not an ordinary person. She’s one among the top elite circle at Delhi. She has been a Professor of Criminal Law. And now…. she’s a widow and childless. She has lost everything….. health, wealth and peace. She is now homeless and penniless.

At the age of 87, she does not have the time for the law to take its tortuous course.

Planning for a happy old age

The article by Ramya Kannan is on the increasing number of ‘elder abuses’. Every one is aware on ‘child abuses’. And the media deals a lot with it. But ‘Elder abuses’ have not so far been in the media prime time. This article, focusing on the issue, and highlights the work of Dignity Foundation, Chennai. Remya stresses on the need to tie up legal loose ends, for dealing with the issues. With the graying of India, it’s time for a foolproof policy that deals with the multiple problems of the elderly.

Director, Dignity Foundation, Chennai, says : “There is no doubt that elder abuse is increasing” . This is all the more evident from the fact that over 10% of our population is ‘senior citizens’, and the percentage is increasing. The issues relating to the care of the elderly are of great importance.

The Dignity Foundation projects that 95 percent of the cases of abuse arise out of property disputes. They observe that the children nag their parents to bequeath property to them even when they are alive. Some of them want all the property, denying their siblings. When the elderly refuse to do so, the abuse begins. It also shows that social status and wealth are no immunity against being abused in old age.

The abuses senior citizens face are psychological, verbal and physical. The abuse, in most cses, fall into the “psychological” and ‘verbal’ abuse category, while physical abuse is also not uncommon.

In the third article, Sri.T.Ramappa remind us that “ The chances of heartburn are less if parents make proper legal disposition of property when they are still able”. This stresses the need to act wisely and judiciously, when you are ‘able’. Do not wait for your “unabled’ days.

Here is an excerpt from the articles :

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 does not offer protection to childless persons past 70 and owning property and are exposed to physical danger. The Act deals with provision of maintenance by one’s children or relatives inheriting the senior citizen’s property.

Disposition of property is to be treated as a private matter, more so by childless elderly persons. It is to be done when one is strong enough to deal with the mechanics of the transaction and not to be postponed for the sun-set years.

India’s elderly population has risen from nearly two crores in 1951 to 7.2 crores in 2001. About eight per cent of the population is over 60 and by 2025 that figure will cross 18 %.. Life expectancy has risen from merely 29 years in 1947 to 63 years now.

There is a clear need for action on the policy and planning front. Random sops such as a lower tax slab or concessional train fares for seniors, although welcome, do not touch the heart of the matter.

The National Policy on Older Persons approved in 1999 falls short in several respects and even its limited provisions have not been adequately implemented. There are no signs of a pension fund for ensuring security for unorganized sector workers. There are too few old age homes and day-care centers and legislation for ensuring compulsory geriatric care in public hospitals is still awaited.

The only law for seniors came as late as 2007 when Parliament passed the Maintenance and Welfare of Parents and Senior Citizens Act.

This law is focused on the issue of maintenance and puts the responsibility squarely on the family, with children, grandchildren and other relatives liable for paying a living allowance to the elderly. Abandonment of the old is punishable by imprisonment and fine. Maintenance tribunals are to be set up to provide speedy redressal. So far, some 15 states have set up tribunals.

A valuable clause of the Act is the provision for declaring void any property transfer by the elderly, if the relative to whom it is bequeathed does not maintain the person satisfactorily. Unfortunately, such a clause may not protect a person like Sarkar whose property has been transferred to someone who is not her relative.

Welcome as the maintenance law is, it does not address the multiple problems of the elderly in a comprehensive manner. Clearly a much stronger law to protect the property, assets and human rights of the elderly is the need of the hour.

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