PROTECTION AGAINST ELDER ABUSE AND NEGLECT

Unseen Dimensions of Elder Abuse

Indians have always believed in the concept of joint families. For many years, there have been joint families living together to provide a better home structure and for better upbringing in the children. However, this is not always a rosy picture. Many children tend to take the older adults in the house for granted and often misbehave from all the new-found freedom in the society. This leads to abuse amongst older adults. Abuse does not always mean physical abuse. Over the years, abuse has been taking the broader sense of its meaning to include mental abuse, emotional abuse, financial abuse etc.

Elder abuse in India, as in many other countries of the globe, is a complicated and diverse problem including numerous sorts of mistreatment of elderly people. The cultural, social, and economic factors of India add to the issues experienced by the senior population, making it critical to investigate the country's distinct context of elder abuse.

According to the United Nations, elder abuse is a violation of human rights and a serious social problem that requires national and international attention. It isas an act of conduct or omission that is either deliberate or unintentional. Elder abuse frequently results in significant suffering, harm, pain, loss, or the infringement of human rights, along with a deterioration in the overall quality of life for seniors.

Legal Precedents Empowering Senior Citizens

The Delhi High Court recently made a significant decision in the landmark case of Sunny Paul & Anr. Vs State NCT of Delhi & Ors. stating that parents have the right to evict their adult children from their property if they are subjected to abuse while living together. The court emphasized that as long as parents legally own the property, they can remove their abusive adult children. Additionally, the court directed the Delhi government to revise rule 22 of the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009. The current rule only allows senior citizens to complain about abusive children in self-acquired properties. However, the Maintenance and Welfare of Parents and Senior Citizens Act 2007, does not make such a distinction and provides protection to parents even in rented accommodations. The court urged the government to create an action plan to safeguard the lives and property of senior citizens.

In a case between the Senior Citizen Welfare Organization and the State of Uttarakhand, the Uttarakhand High Court acknowledged that the State had not adequately provided old age homes for senior citizens. As a result, the court issued several mandatory instructions and emphasized that every senior citizen has the right to live with dignity which include:

1. Establishment of old age homes in each district in the state of Uttarakhand,

2. Government to ensure that sufficient number of beds are provided to senior citizens in every hospital,

3. Provision of wheel chair, television, newspaper and books in old age homes,

4. Provision of balanced nutritious food, two sets of clothes for summer and winters, linen, sufficient number of sweepers for maintaining hygiene and cleanliness in old age homes.

5. Senior citizens in case of emergency shall be taken to the nearest hospital for treatment. The cost of conveyance shall be borne by the State Government including the medical expenditure as well as of ambulance.

In the Pramod Ranjankar v. Arunashankar case, the court discussed the rights of senior citizens regarding immovable property and the eviction of abusive children.

In another case, Dattatrey Shivaji Mane v. Lilabai Shivaji Mane, the Bombay High Court highlighted the purpose of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizen Act). The court clarified that this Act allows a senior citizen, including a parent who cannot support themselves financially, to seek relief, such as eviction under Section 4 of this Act. This relief can be sought not only against their children but also against their grandchildren if the senior citizen is unable to lead a normal life.

Framework for Elderly Welfare

There are various legislations, acts and schemes in India governing and providing insights into elder abuse, Hindu Adoption and Maintenance Act 1956, The Maintenance and Welfare of Parents Act 2007, National Policy for Older People 1999, Indira Gandhi National Old Age Pension Scheme.

It is clear that a thorough and collaborative approach is essential to safeguard the rights and well-being of the elderly. While legal frameworks are crucial, their effectiveness is maximized when coupled with heightened public awareness, community support, caregiver education, and a strong commitment to enforcing existing laws.

Societal Commitment to Elderly Well-being

As global societies face the challenges presented by aging populations, it is crucial to prioritize the dignity and safety of our elderly citizens. The legal mechanisms available, encompassing both specific legislation on elder abuse and broader laws addressing related issues, play a pivotal role in combatting the mistreatment of senior citizens.

The responsibility of the individuals and the society, extends beyond the confines of the courtroom. It requires the cultivation of a culture that values and honors the elderly, acknowledges signs of abuse, and actively engages in preventative measures and interventions. Through a shared dedication to protecting the vulnerable, we can ensure that our senior citizens age with the dignity, security, and respect they rightly deserve. In the ever-changing landscape of legal protections for the elderly, ongoing advocacy, education, and awareness are of utmost importance.