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Rights of Senior Citizen In India: An emotional Uptake.

By Niharika Thakur, First Year Law Student at Upes.

‘’Iam retired and not given any pention.My son abuses me as he thinks I have hidden my

money’’ says a sixty two year old man. ‘’At my son’s place, Iam given only two chapattis a day’’

says another sixty year old man.Beaten in body,mind and spirit paints a dark picture of senior

citizens in India.The survey reveals that daughter-in- law has emerged as the biggest perpetrator

of the abuse,with 61% of senior citizens blaming for their miseries.Helpage India highlights a

very sad state of affairs in the lives of the ‘’old in age-young at heart’’.There was a time when

young Indians would care for their parents and grandparents in the family and disapprove the

western culture.It is natural law that if we are born,we will die one day.When a person is aging

his physical and mental change,he also changes from an independent to dependent

person.Therefore after he has crossed the age of sixty,he should be given proper care and

medication by his children and family rather than considering it a burden.

The question that comes to mind is that whether there should be rights enforced for senior

citizen or should it be our duty to look after them?Forget about the rights that elderly enjoy in

India,just forget about the action that they can take.Think on moral grounds.Why do we tend to

forget that ‘the reason we are in this world,the reason we are able to study,the reason we are

able to face difficult situation,the reason we are able to walk and talk’ is our parents.When we

were kids we never thought of it but we knew no matter what,our parents will be our

savior.But when its our turn to show the respect,to reciprocate the love and to show our

gratitude,we back out.But the truth is that even when they are counting their last breath,they

still think of us!Hence it should be undoubtedly be stated that the so-called rights should rather

be our moral duty.There is however some benefits for those senior citizens who have been left

in the lurch by their children at the dusk of their lives.The Maintenance &Welfare Of Parents &

Senior Citizens Act,2007 offered that the senior citizens can now reclaim their property they

‘gifted’ in the name of their children,if their welfare and basic needs are not being fulfilled.An

aggrieved senior citizen can now approach tha Deputy Commissioner and reclaim his property

rather than paying futile visits to Court and awaiting outcome for several years.Section 23 of

the Act reads ‘’Where any senior citizen who,after the commencement of this Act,has

transferred by way of gift or otherwise,his property subject to 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 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 transferor

be declared void by the Tribunal’’.This means that if the senior citizen decides not to reclaim

the property,he can make his children direct through the Deputy Commissioner to pay them

monthly maintenance of the property.Section20 (3) of Hindu Adoption & Maintenance Act

provides for the obligation of a person to maintain their parents according to financial

capability when they are unable to look after themselves.

1 st October is observed every year as the International Day of older persons.The Ministry for

welfare of senior citizen celebrates the occasion every year by organizing a series of

programmes and felicitating the distinguished senior citizen with ‘Vayoshrestha Samman’.The

idea behind these celebration is to reiterate the government’s commitment towards welfare of

elderly and to ensure that their services get its due recognition in society.The government

provides extra financial assistance to them by reservation of two seats in front row of the

buses,Indian Railway provides 30% concession on the ticket and Indian Airlines provides 50%

senior citizen discount on Normal Economy Class fare for all domestic flights.Complaints of

senior citizen in telecommunication are given priority by registering them under VIP flag.Free

medical and health services are also provided at various hospitals.In this way there should be

proper legal mechanism to make sure that welfare of senior citizens is ensured and that they

are not harassed.

One area in which India is said to be ahead of other developed western nation is the way we

respect and look after our parents and elderly.Its something for which we Indians feel proud

.With the fast-paced lifestyle and careers of young Indian,this characterstic is said to be

fading.Is this true?Does India care and respect its elders less than before?Is the youth becoming

too insensitive to elder like the west with nuclear families?Passing comments to an old man

walking slowly on the road and disturbing the flow of traffic are our ethics?Come on

youth,stand up against such injustice.Do not treat your parents like burden,especially when

they need you.