The Maintenance And Welfare Of Parents And Senior Citizens Act, 2007: An Overview

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The legislation, Maintenance And Welfare Of Parents And Senior Citizens Act, 2007, is initiated by the Ministry of Social Justice and Empowerment ‘to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognized under the Constitution and for matters connected therewith or incidental thereto’. This Act extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India. As per the Act, the term ‘senior citizen’ means ‘any person being a citizen of India, who has attained the age of sixty years or above’. In this article, we will explore important provisions of the Maintenance And Welfare Of Parents And Senior Citizens Act, 2007. 

Important Provisions of the Maintenance And Welfare Of Parents And Senior Citizens Act

• Section 4 (Maintenance of Parents And Senior Citizens): It states that a senior citizen including a parent who is unable to maintain himself from his own earning or out of the property owned by him should be entitled to make an application for maintenance in case of parent or grand-parent, against one or more of his children not being a minor, and a childless senior citizen, against such of his relative. As per Section 2(g) of the Act, the term ‘relative’ is defined as “any legal heir of the childless senior citizen who is not a minor and is in possession of or would inherit his property after his death.”
• Section 5 (Application for maintenance): According to this Section, an application for maintenance may be made:
  • “by a senior citizen or a parent, as the case may be; or
  • if he is incapable, by any other person or organization authorized by him; or
  • the Tribunal may take cognizance suo motu.”

The Section also illustrates that the Tribunal may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this section, order such children or a relative to make a monthly allowance for the interim maintenance of such senior citizen including parent, and to pay the same to such senior citizen including parent as the Tribunal may from time to time direct. This application if filed should be disposed of within 90 days from the date of the service of notice of the application to such person, provided that the Tribunal may extend the said period, once for a maximum period of 30 days in exceptional circumstances for reasons to be recorded in writing. 

• Section 9 (Order for maintenance): It states that if children or relatives neglect or refuse to maintain a senior citizen being unable to maintain himself, the Tribunal may, on being satisfied with such neglect or refusal, order such children or relatives to make a monthly allowance at such monthly rate for the maintenance of such senior citizen, as the Tribunal may deem fit and to pay the same to such senior citizen as the Tribunal may, from time to time, direct. Section 9(2) states that “The maximum maintenance allowance which may be ordered by such Tribunal shall be such as may be prescribed by the State Government which shall not exceed ten thousand (10,000) rupees per month.”
• Section 13 (Deposit of maintenance amount): When an order is made the children or relative who is required to pay any amount in terms of such order should within 30 days of the date of announcing the order by the Tribunal, deposit the entire amount ordered in such manner as the Tribunal may direct.
• Section 16 (Appeals): Any senior citizen or a parent aggrieved by an order of a Tribunal may, within 60 days from the date of the order, prefer an appeal to the Appellate Tribunal. 
• Section 17 (Right to legal representation): It states, “Notwithstanding anything contained in any law, no party to a proceeding before a Tribunal or Appellate Tribunal shall be represented by a legal practitioner.”
• Section 23 (Transfer of property to be void in certain circumstances): As per this Section, “Where any senior citizen who, after the commencement of this Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of the transferor be declared void by the Tribunal.” It also states, “Where any senior citizen has a right to receive maintenance out of an estate and such estate or part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right, or if the transfer is gratuitous; but not against the transferee for consideration and without notice of right.”
• Section 24 (Exposure and abandonment of senior citizen): Whoever, having the care or protection of senior citizen leaves, such senior citizen in any place with the intention of wholly abandoning such senior citizen should be punishable with imprisonment of either description for a term which may extend to 3 months or fine which may extend to 5,000 rupees or with both. 

Duties to be fulfilled by the State Government 

The Maintenance And Welfare Of Parents And Senior Citizens Act, 2007, mentions various duties that the State Government has to fulfill. As per Section 1 of the Act, the Act would come into force in a State on such date as the State Government appoints. 

• Establishment of Oldage Homes: Section 19 of the Act states that the State Government must establish and maintain at least one old-age home in each district to accommodate in such homes a minimum of 150 senior citizens who are indigent. It also states that the State Government may, prescribe a scheme for the management of old-age homes, including the standards and various types of services to be provided by them which are necessary for medical care and means of entertainment to the inhabitants of such homes.
• Medical Support For Senior Citizens: According to Section 20 of the Act, the State Government should ensure that:
  • The Government hospitals or hospitals funded fully or partially by the Government should provide beds for all senior citizens as far as possible.
  • There are separate queues arranged for senior citizens.
  • Facility for the treatment of chronic, terminal, and degenerative diseases is expanded for senior citizens.
  • Research activities for chronic elderly diseases and aging expanded.
  • There are earmarked facilities for geriatric patients in every district hospital duly headed by a medical officer with experience in geriatric care.
• Measures For Publicity, Awareness, etc., For the Welfare Of Senior Citizens: The State Government should take all measures to ensure that:
  • The provisions of the Maintenance And Welfare Of Parents And Senior Citizens Act are given wide publicity through public media including television, radio, and print, at regular intervals.
  • The Central Government and State Government Officers, including the police officers and the members of the judicial service, are given periodic sensitization and awareness training on the issues relating to the Act.
  • Effective coordination between the services provided by the concerned Ministries or Departments dealing with law, home affairs, health and welfare, to address the issues relating to the welfare of the senior citizens and a periodical review of the same is conducted, mentioned under Section 21 of the Act.

According to Section 18 of the Act, the State Government should designate the District Social Welfare or an officer not below the rank of a District Social Welfare Officer, by whatever name called Maintenance Officer. Moreover, Section 32 of the Maintenance And Welfare Of Parents And Senior Citizens Act, 2007, also gives the State Government the power to make rules for carrying out the purposes of this Act.