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A SOCIO-LEGAL STUDY OF HUMAN RIGHTS OF SENIOR
CITIZENS IN INDIA
Surbhi Tyagi
B.A.LL.B.
B.S. Anangpuria Institute of Law, Alampur, Haryana
Abstract:
Human
is the best creation of God above all other creations and without having proper
laws or human rights, it is impossible for humans to live on this Earth. Senior
citizens are also the part of our human society but inspite of so many laws and
human rights they still gets exploit in one or the other way sometimes by their
children or by their grandchildren or at public places or any other local
places. Why it is so happening? Why they are being treated on a bad note as
burden on our society? Senior citizens also have right to equality and personal
liberty like other human beings but according to some minds in Indian society,
the disrespect, the loneliness or the depression they faced are all the normal
and general problems faced by them in this age-group. But in true it is not
like that. They are those problems which are given to them by the society and
not by the nature.
Key words: Senior citizens Problems, Rights, Remedies etc.
Introduction:-
According to law, in India senior citizens
are those people who all are above the age of sixty years. For their rights,
special act is made by the parliament of India namely Maintenance and welfare
of Parents and Senior citizens act 2007. Under this act various rights regard
to the old age people are stated and various laws are mentioned for their
welfare and maintenance. United Nation Organization also have some plans for
the senior citizens as they have to achieve 2030 agenda which is not possible
without empowering older persons in all aspects of development. They will focus
on giving equality to all the people of the society irrespective of age, sex, race,
caste, and place of birth or on any other ground. According to the Constitution
of India, Article 14 gives the right of equality, Article 19 gives the right of
freedom of speech and expression with reasonable restrictions, Article 21
grants the right of life and personal liberty and Article 32 in which any
person can move to Supreme Court for the violations of fundamental rights
directly.
Problems
faced by the Senior Citizens:-
Senior Citizens due to
their old age face lot of problems and difficulties. In this age they have
great effect on their psychology and on their emotions as they are surrounded
by negativity and bad-vibes. They feel lack of love and care towards them from
their family and relatives as nobody have time for them and everybody ignores
them and takes them as burden. Some of the problems are mentioned below-
1. Feeling of
ignorance.
2. Violence done to
them.
3. Lack of love and
care from family and relatives.
4. Loneliness.
5. Felt abandon.
6. Lack of basic needs.
7. Violation of Human
Rights.
8. Health problems.
9. They do not know how
to operate new technologies.
10. Faces wrong
behavior towards them.
11. Problem of
travelling.
12. Faces technologies.
13. Atrocities faced by
them.
14. They are treated as
slaves at home.
15. Nobody gives proper
time to them.
Case laws related to the atrocities on the senior citizens in India:-
1. Francis
Coralie Mullin vs. Administrator, Union Territory of Delhi:
The right to life stated under Article 21 of
the Constitution of India provides that the basic needs may be fulfilled only if the Senior
Citizens are provided with specific pension.
2.
Vincent Panikurlangara vs. Union of India:
In the
right to health of all the men and women, Senior Citizens are also included.
3.
Senior Citizen welfare organization and
another vs. State of Uttarakhand and another:
Under this case it was ensure that Senior
Citizens shall not get a raw or rough treatment anymore.
4.
Srista Devi vs. State of Punjab and ORS:
It was held that the Senior Citizens are
entitled for the Maintenance under
section 5 of Maintenance and welfare of Parents and Senior Citizens Act, 2007.
Socio-legal Human rights of Senior Citizens
in India:-
In Indian societies get-togethers are being
conducted on frequent notes among the relatives but the elder people does not
get involved in such parties as they seems to be a burden on them. In ageing,
the senior citizens automatically gets shrink socially and they start feeling
isolated. In public places like hospitals, banks, stops, they have to wait for
hours and thus get humiliated. Due to their health issues they face lot of
problems in daily works. Some laws are emerged in the favour of the parents to
reduce the atrocities on them by their children. Some of them are-
1. Son-in-law and Daughter-in-law too would be
responsible for the care of the old people by the Amendment Bill 2018 of The
Maintenance and Welfare of Parents and Senior Citizens finalised by the
Ministry Of Social Justice And Empowerment.
2. Maintenance shall be received by the elders
from their children according to section 125 of The Code Of Criminal Procedure
3. According to Delhi High Court, under
Maintenance and Welfare of Senior Citizens Act, the elderly could file an
application for the eviction of their child or legal heirs on the grounds of
non-maintenance and ill-treatment.
4. According to section 23 of Maintenance and
Welfare of Parents and Senior Citizens Act, 2007—Gifted property to their children
by the transferee shall be declared void by the transferor on the grounds of
non-maintenance and ill-treatment.
Human Rights of Senior Citizens:-
1.
Right
to live with dignity.
2.
Right
of food, shelter and clothing.
3.
Right
to personal liberty.
4.
Right
to health.
5.
Right
to money.
6.
Right
to care.
7.
Right
to residence.
8.
Right
to safety and security.
9.
Right
to transport.
10. Right for special privileges.
11. Right to self-respect.
12. Right against discrimination.
13. Right to property.
14. Right against harassment.
15. Right against violence.
Comparative
study of problems of Senior Citizens in India in context of Joint families and
Nuclear families:-
In
India, Nuclear families are those families which consist of Mother, Father and
their Children but not including aunts, uncles, grandparents, etc. Her Parents
suffer loneliness more than the Parents in Joint families as children walk-out
of the home as per according to their studies and carriers and they are left
alone in the home after that. As compare to Nuclear families, in Joint families
if grandchildren or children walk out of the house for their studies, Parents
are still there to care for the Senior Citizens of the house and to maintain
them properly. The Senior Citizens are much more comfortable in joint families
as compared to Nuclear families. Senior Citizens are the responsibility of each
and every citizen of the family and they shall be take care properly but
Nuclear families lacks such care and love towards the Senior Citizens of the
house. In Nuclear families, the Senior Citizens have to do their work on their
own but in Joint families their work is done by the other family members of the
house. Due to lack of patience among the family members in the Nuclear family,
Senior Citizen suffer more of their frustration and irritation in comparison
with the Joint families, therefore Joint families are far better than Nuclear
families in welfare and maintaining the Senior Citizens of the house.
Comparative
study of problems of Senior Citizens in context of Urban areas and Rural
areas:-
As we all know that in Urban sectors life is fast as
everybody is so busy in their own lives and barely everyone has anytime to
spend with others, specially with the Senior Citizens in their areas or in
their families whereas in Rural areas people spend time together and live with
love and affection by sitting in one place in groups. In Urban areas people
send their Parents to the orphanages just to escape from taking care of them
and spending time with them but in Rural areas people are more loving and they
love to take care of the Senior Citizens of the family and to complete all of
their wishes. In Urban areas, children go for their jobs, colleges or for works
and then Senior people of the house have to stay alone at home but in Rural
areas not only the family members but the neighbours are also loving and caring
therefore the elder people don’t get alone at all and their time is also easily
spent with them all.
Remedies
and Suggestions:-
Remedies
and suggestions in respect to the Senior Citizens problems and their violation
of human rights in India are as mentioned below—
1.
Proper
schemes shall be made for the benefit of Senior Citizens by the Government of
India.
2.
Their
human rights shall be made aware to them by the Government of India.
3.
Proper
facilities shall avail to them by the Government of India who all are suffering
financially.
4.
Their
pensions provided by the Government of India shall increase within proper
intervals.
5.
Government
shall make old-age homes for those Senior Citizens who don’t have anyone for
their care.
6.
Proper
Non-Governmental Organization shall be established to provide basic facilities
to the Senior Citizens of the country.
7.
Government
shall make such law as to provide general public facilities i.e. banking
facilities, hospital facilities, etc. to their homes. They need not come out of
the house and causes discomfort for the same.
8.
Separate
clubs shall be establishing for the Senior Citizens in every district and
villages of the country by the Government of India of health, sports, entertainment,
etc.
9.
Their
transport fares should be less in comparison with other citizens of the country.
10. Entry in libraries should be free for them in
the whole country.
11. Family members shall remain in touch with
them in communication terms.
12. They should be send for vacations in proper
intervals by the family members.
13. Senior Citizens should be encouraged for yoga
and fitness through awareness programmes by the Government.
14. For the Senior Citizens who are not
financially well, health facilities should be free for them by the Government.
15. Strict laws should be made to prevent the
violation of their human rights.
16. Government shall merge the orphanages and the
old-age homes so that both the generations get their love and affection.
Conclusion:-
If we think on a serious note then Senior
Citizens are the soul, spirit, and root of their families and their welfare and
maintenance should be done properly. But the ill-treatment they are facing in
the society is very much condemnable. They should be treated well as according
to The Constitution of India, Article 21—everyone has a right to live with
dignity and personal liberty. For providing love and affection to them the best
possible thing that Government can do is—merge the orphanages and the old-age
homes so that the elders and the children get a beautiful and light environment
to live in. Overall by observing all the advantages and disadvantages subject
to the human rights of Senior Citizens, disadvantages are more and they should
be reduced to maintain good and healthy environment in the society and to
encourage and motivate the elder persons so that they can live their life
peacefully and in addition with harmony
References:-
1. Maintenance and Welfare of Parents and Senior Citizens
Act, 2007.
2. Article 14: Constitution of India.
3. Article 19: Ibid.
4. Article 21: Ibid.
5. Article 32: Ibid.
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