This project reflects attitude towards aged people in our society especially in India. Based on few reports it tends to bring in light often ignored form of violence and abuse.
2. UN’s decade of healthy ageing (2021-2030)
• It’s a global initiative based on the last ten
years of Sustainable Development Goals
which with the assistance of international
agencies, civil societies and media aim to
improve all the aspects of ageing.
• Pandemic exposed shortcomings of current
policies and systems, therefore a global effort
to ease the process of ageing to ensure that
older people can live with dignity and equality
in a healthy atmosphere.
3. UN’s Convention on older people
• Currently there is no treaty about protection of the rights of elderly but, its likely to be
the next major human rights treaty adopted by United Nations.
• In 1982, the Report of the World Assembly on Ageing was published, it was first such
report of its kind. Based on Universal declaration of human rights it highlighted what
constitutes rights of elderly people this included health and nutrition, housing and
environment, the family, social welfare, income and security.
• In 1991, UN’s Principles for older peoples were adopted with the aim at providing
“older persons in society the independence, ability to participate in society, and have
access to care, be entitled to self-fulfilment and the full dignity of life among other
rights. Sadly, the implementation of these principles received little to no attention since
resolutions are not binding on parties.
• In 2002, the Madrid Plan was adopted which sought to outline a plan for "building a
society for all ages it had three priorities older persons and development, advancing
health and well-being into old age and ensuring enabling and supportive environments
which it seeks to achieve through their participation in society and member states .
• In 2010, UN adopted resolution 65/182 based on the Madrid Plan, the organization
primarily focuses on the issues faced by older persons and recognizes gaps in the
existing human rights framework.
4.
5. Sustainable Development Goals and Ageing
• Preventing older people from falling into poverty
• Older people may be vulnerable to food insecurity, Attention to older people
will help reverse patterns of malnutrition and prevent dependence on care.
• Healthy ageing means that older people contribute to society longer, with
opportunities for good health at all stages of life, universal health coverage
• Healthy ageing requires life-long learning, enabling older people to do what
they value, retain the ability to make decisions and preserve their purpose,
identity and independence.
• Pursuing gender equality throughout the life-course will lead to better
outcomes later in life.
• The infrastructure for healthy ageing will require age-inclusive, affordable
access to the Internet.
• Healthy ageing requires policies to overcome unequal access to services and
support in their homes, neighbourhoods and communities,
• Age-friendly cities and communities
• Age-inclusive institutions will empower older people to achieve things that
previous generations could not imagine
• Healthy ageing should leave no one behind, creating a future for people of
all ages. It will require active partnerships among many sectors
6. Situation of
Senior Citizens in
India
• Cases of abuses committed against senior citizens is increasing yearly at an
alarming rate.
• In a survey conducted by HelpAge India where 4,399 elder respondents and 2,220
young adult caregivers across 22 Indian cities were surveyed.
• According to the survey, almost 60% of senior citizens feels abuse is prevalent
among them on a large scale and 10% of them admitted of being victim
themselves.
• According to a survey conducted by Longitudinal Ageing Study in India, at least
5% of India’s elderly population (60+) experienced ill treatment in 2020. Ill
treatment is relatively more frequent among elderly women especially those living
in rural India.
• Since, women tend to live longer than men most of these women have lost their
partners and often this group generally has no financial source of their own.
• About 77.3% complained of verbal/emotional ill-treatment which harm their self-
worth or emotional well being.
• Close to a quarter experienced economic exploitation (26.5)
13. Key
Findings
ill-treatment is prevalent across India, although it warries in
type, as elderly experienced more neglect in Southern states
but, economic exploitation is more prevalent in Northern and
Central India (Delhi at 2nd position).
State’s who are socio- economic stronger faced less instances of
Economic Exploitation whereas less urbanised states like
Chattisgarh and Uttar Pradesh toped the list.
States like Punjab, Mahrashtra, West Bengal are best states for
senior citizens whereas states like Bihar, Chattisgarh and
Karnataka are the worst.
Emotional Abuse is the most prevalent form of abuse followed
by Neglect.
14.
15. Constitutional Protection-
1. Article 41: The State within the limits of economic capacity and development, make effective provision for securing the
right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in
other cases of undeserved want.
2. Article 46: The State shall promote with special care the educational and economic interests of the weaker sections of the
people and shall protect them from social injustice and all forms of exploitation.
However, these provision are included in Directive Principles, as stated in Article 37, are not enforceable by any court of law.
Personal Laws-
1. Sec 20 of the Hindu Adoption and Maintenance Act, 1956: Imposes an obligation on the children to maintain their parents it is not
confined to sons only, and daughters also have an equal duty towards parents.
2. Muslim Law:
A. Children in easy circumstances are bound to maintain their poor parents, although the latter may be able to earn something for
themselves.
B. A son though in strained circumstances is bound to maintain his mother, if the mother is poor, though she may not be infirm
C. A son, who though poor, is earning something, is bound to support his father who earns nothing.
3. Christian And Parsi Law- The Christians and Parsis have no personal laws providing for maintenance for the parents. Parents who wish
to seek maintenance have to apply under provisions of the Criminal Procedure Code.
The Code of Criminal Procedure-
The provision was introduced for the first time in Sec. 125 of the Code of Criminal Procedure in 1973. It is also essential that the parent
establishes that the other party has sufficient means and has neglected or refused to maintain his, i.e., the parent, who is unable to
maintain himself. It is important to note that Cr.P.C 1973, is a secular law and governs persons belonging to all religions and communities.
Daughters, including married daughters, also have a duty to maintain their parents.
The Cr.P.C is not the proper place for such a provision. There will be considerably difficulty in the amount of maintenance awarded to
parents apportioning amongst the children in a summary proceeding of this type. It is desirable to leave this matter for adjudication by
civil courts.
16. Government Protection-
1. The Government of India approved the National Policy for Older Persons on January 13, 1999 in order to accelerate welfare
measures and empowering the elderly in ways beneficial for them. This policy included the following major steps :
• Setting up of a pension fund for ensuring security for those persons who have been serving in the unorganized sector,
• Construction of old age homes and day care centers for every 3-4 districts,
• Establishment of resource centers and re-employment bureaus for people above 60 years,
• Concessional rail/air fares for travel within and between cities, i.e.,30% discount in train and 50% in Indian Airlines.
• Enacting legislation for ensuring compulsory geriatric care in all the public hospitals.
2. The Ministry of Justice and Empowerment has announced regarding the setting up of a National Council for Older Person,
called agewell Foundation. It will seek opinion of aged on measures to make life easier for them.
3. Attempts to sensitise school children to live and work with the elderly. Setting up of a round of the clock help line and
discouraging social ostracism of the older persons are being taken up.
4. The government policy encourages a prompt settlement of pension, provident fund (PF), gratuity, etc. in order to save the
superannuated persons from any hardships. It also encourages to make the taxation policies elder sensitive.
5. The policy also accords high priority to their health care needs.
6. According to Sec.88-B, 88-D and 88-DDB of Income Tax Act there are discount in tax for the elderly persons.
7. Life Insurance Corporation of India (LIC) has also been providing several scheme for the benefit of aged persons, i.e., Jeevan
Dhara Yojana, Jeevan Akshay Yojana, Senior Citizen Unit Yojana, Medical Insurance Yojana.
8. Former Prime Minister A.B.Bajpai was also launch ‘Annapurana Yojana’ for the benefit of aged persons. Under this yojana
unattended aged persons are being given 10 kg food for every month.
9. It is proposed to allot 10 percent of the houses constructed under government schemes for the urban and rural lower income
segments to the older persons on easy loan.
17. Trends of
Population Ageing
• Population ageing is an increasing median age in a population because of declining fertility rates and rising life
expectancy .
• In 1950, according to UN estimates, there were only 200 million over 60 throughout the world, by the year 2000 (
50 years later) the number increased to 590 million that is an increase of almost 300%. In the next 50 years ( by
2050) the number will increase to whopping 2.1 billion that is an increase of almost 400% since 2000. Thus, the
rate at which population is ageing is increasing.
• The share of older people is most countries will increase, from one in eight people above 60 in 2017 to one in six
by 2030 and one in five by 2050.
• Most old people will live in developing countries, in 1950 only half of them lived in developing countries. In the
next 50 years the number increased to 60% and by 2050 this number will be at whopping 80%. This is because
developing countries are ageing much quickly than developed countries, for instance it took 110 years for France
to double its share of older population (from 7% to 14%) but it is projected to take only twenty years in India.
• In 2019, 37% of older people lived in Eastern and South-Eastern Asia, 26% in Europe and North America, 18% in
Central and Southern Asia, 8% in Latin America and the Caribbean, 5% in Sub-Saharan Africa, 4% in Northern and
Western Africa and 0.7% in Oceania.
18. Trends of
Population Ageing
• Most developing countries are ageing without becoming richer as a result of that developing countries are forced
to adapt quickly without achieving desired national income and infrastructure.
• In India proportion of older people is low at 8.6%, but their number huge (104 million) owing to India’s massive
population as per last census, this number is expected to double by 2036 and quadruple by 2061. This means by
2030 every 16th person in India will be over 60, by 2050 this number will reach to one in five and by 2061 to one in
four.
• India like most developing countries before becoming rich. A 2012 study by the United Nations Population Fund
shows that poverty is higher among people as almost half of them are economically dependent and a 5th of them
are partially dependent. This has forced a lot of people to do work against there will for much longer.
• Inadequate protection coverage: The privilege of health insurance and social security is limited to only 25% and
20% respectively. Keeping aside a mere number of government employees. Only about 10% of senior citizens in
India have a regular and adequate post-retirement age income. Further, 25% to 30% of others get inadequate
benefits.
• About 50% of senior citizens face one or more than two chronic illness in aged 70 and above.
19. Trends of
Population Ageing
• Three stages of demography reflects the level of development of a state, at first stage both the birth rates and
death rates are higher, at the second stage population burst as death rates fall due to improvement in life
expectancy but it takes a while to reduce the birth rates because reproductive habits changes over time.
• In India too different states are in different stages of demography, Southern states like Kerela and Tamil Nadu have
entered the third stage of demography but most Northern-Central states are either stuck in second stage or
transitioning to third.
• Old people range from just 7.4% in Bihar to 12.6% in Kerela , this highlights the need to take different approach
towards planning for older person across states.
20. Landmark Judgements
• Sunny Paul & Anr. vs State Nct of Delhi & Ors., the Delhi High Court has ruled that
Children who abuse their parents while staying with them in their house can be
evicted from the property.
• In Narayanarao Ramachandra Pant V. Ramabai, ILR (1879) 3 Bom 415, the privy
council at the outset identified the right to maintenance of the old widow of the
deceased whereas there was no such provision made by the testator and also
passed the decree which indwelt the old mother back in her husband’s property.
• In K.M.Adam V. Gopalakrishnan 1974 0 AIR(Mad) 232; 1973 0 Supreme(Mad)
339; Supreme court opined, inter alia, If the child is a Hindu, irrespective of
whether the father or the mother is a Hindu, it is entitled to claim maintenance
against him or her.
• In Kirtikant D. Vadodaria v. State of Gujarat, supreme court opined old and infirm
parents are entitled to maintenance under this Act from their daughter same way
as from son.
• In the case of Dr. (Mrs.) Vijaya Manohar Arbat vs Kashi Rao Rajaram Sawai
And Anr 1987 AIR 1100, 1987 SCR (2) 331, the supreme court rightly observed
that a married daughter who is self sufficient has to provide maintenance to
the father or mother who don’t have any other son. Also, the step mother is
equally entitled for the maintenance as the father.
• Baban @ Madhav Dagadu Dange V. Parvatibai Dagadu Dange Anr.1978 0
CrLJ 1436 the expression "mother" includes "adoptive mother” as well.
21. Conclusion
• Population ageing or greying is not a new or unpredictable thing,
it’s a symbol of achieving better health services for the country.
• Humans can sustain long life and now a longer old age. This has
allowed older persons to educate the young and pass values on
them; which allowed human survival and progress. Presence of
the elderly in society gives a unique message. By grief of their
loss we realize the legacy left behind them in form of works,
institutions and most importantly their memories. This may
promote us to develop empathy towards senior citizens.
• We need to change our perspective on ageing, living a longer life
allows humans an opportunity to examine their lives
retrospectively, correct the mistakes of past, get closer to god
and truth and develop a different perspective on our actions.
• Lastly, we need to develop the feeling of humanism towards
those who are not privileged as us.
22. Suggestions
• In order to combat elder abuse, ministry of social justice and
empowerment last year launched pilot of “ElderLine”, call centres in
states like Uttar Pradesh, Tamil Nadu. Initiatives like this needs to be
further extended to regional and rural levels since these problems
will be best solved at local levels.
• We as individuals can keep a check on senior citizens in our
neighborhoods in case they are staying alone, or they live alone. We
can provide legal aid to senior citizens who are encountering abuse.
We can provide aid in cash or kind to the NGOs who are helping
senior citizens.
• Senior citizens must have timely access to decent healthcare,
rehabilitation, community or home-based disability must be
provided to senior citizens dealing with disabilities.
• Those who lack financial support must be given financial aid to live a
decent life.
• Families where abuse towards senior citizens exists must be
counselled and there is a need to highlight problems faced by senior
citizens through various forms of media so people develop
sensitivity towards them.
