ARTICLES
Empowering Senior Citizens: The Role of the Senior Citizen Commission in India
Dr Praveen G Pai, Professional Geriatrics Medicine, Gerontology, and Public Health
Ms. Devapriya Menon, BA LLB Student (Kristu Jayanthi College, Bengaluru)
In a country as diverse and populous as India, the well-being and care of senior citizens hold significant importance. Recognizing this need, the National Commission for Senior Citizen Bill, 2019 was introduced to the Rajya Sabha on 6th December 2019. This bill, now known as the National Commission for Senior Citizens Act, 2019, aims to address the multifaceted requirements and enhance the conditions of senior citizens across various spheres including medical, environmental, cultural, physiological, and social aspects. It is applicable and implemented to whole of India.
Overview of the bill's objectives and significance- National Commission for Senior Citizens Act, 2019
The primary objective of the bill is to ensure the care and development of senior citizens, both directly and indirectly related to their well-being. Enacted in the seventieth year of the Republic of India, the bill defines a senior citizen as any individual, a citizen of India, who has reached the age of sixty years or above.
With the current life expectancy on the rise in India, it is imperative to address the evolving needs of the elderly population. The privatization of medical facilities and changes in family structures emphasize the necessity of providing social security to the elderly. Article 41 of the Constitution underscores the state and national priority of ensuring the well-being of senior citizens.
Internationally, efforts are being made to enhance commitments towards senior citizens. The National Policy on Senior Citizens 2011 recognizes the challenges faced by the elderly population and advocates for the establishment of National and State Commissions for Senior Citizens to address their needs comprehensively.
Definition of a senior citizen as per the bill
The bill clearly defines on who is a senior citizen- "senior citizens" means any individual being a citizen of India, who has attained the age of sixty years or above.
Composition and Jurisdiction of the Commission
The bill also emphasizes that the commission that is to be formed is under the jurisdiction of the central government and that all powers vested to it must be followed and conferred to. Under the provisions of the act, the Commission is to be constituted under the jurisdiction of the Central Government. The Commission comprises a Chairperson, a Deputy Chairperson, and three members, with specific representation requirements to ensure diversity and expertise in the field of senior citizens' rights, law, and rehabilitation(with at least one member being a women and one member belonging to the Scheduled Castes or Scheduled Tribes, to be appointed by the Central Government from amongst the persons of ability, integrity and standing who has at least fifteen years of professional work experience).
Duty of the commission
The duties of the Commission are clearly outlined in the act. The officers and staff are appointed by the Central Government to ensure the efficient functioning of the Commission. While the Commission has the autonomy to regulate its procedures, it is mandated to focus on the welfare of senior citizens, safeguard their rights, investigate complaints, and promote programs for their socio-economic development.
Complaints given by senior citizens must not be neglected and should be investigated with utmost importance.
The commission is granted to regulate their own procedure. However they are expected to follow certain functions that are undeniable
The national commission should focus on the welfare of the senior citizens.
The commission shall safeguard the rights of the senior citizen and involve in negotiation of cases including the safeguards.
The commission should also plan, encourage and guide certain programmes that help in the socio-economic development of the senior citizens.
Exclusion of senior citizens from social security schemes should be investigated and researched thoroughly without any partiality.
The commission should report the safeguarding of senior citizens on an annual basis and should take annual measures to improve their welfare, care and social development.
Conclusion
According to the recent census the current life expectancy is 66.4 years for men and 69.6 for females, if this trend continues then very soon the life expectancy of both male and female will be above the age of 70. With the currency changes that are constantly happening in India such as privatization of medical centers and other family settings, providing social security to the elderly becomes a state as well as a national priority. Article 41 of the Constitution also mandates for the well-being of senior citizens. International efforts are being continuously made to increase commitments towards the senior citizens. The National Policy on Senior Citizens 2011 tries to address the growing challenges of the elderly population of India and calls for the establishment of National Commission for Senior Citizens at the Centre and State Commissions at the State level under an Act of Parliament.
Reference:
Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Dr Praveen G Pai, Professional Geriatrics Medicine, Gerontology, and Public Health Ms.Sariga Ramachandran M,3yr Unitray LLB, Government Law College, Ernakulam
India is a versatile country with visible diversity in each state or territory in the form of cultural backgrounds, geographical differences, religion, heritage and so on. But at the same time, it holds and breaths through the fabric of our constitution, as one. Due to the impact of modernization and other western cultural influences our younger generation living as micro or nuclear families creates a situation which raises a concern towards the older generation of our country. As a patron of all citizens our legislature has enacted a comprehensive enactment with an intent to uplift the living conditions of parents and senior citizens by the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Indian constitution enables every citizen to live a dignified life in all means, when it comes to the life and welfare of senior citizens the Act has laid down certain conditions and standards which provides a legal framework for ensuring financial security, healthcare access, and property protection for the elderly. Making children and relatives accountable for their elderly family members as the same time the Act discourages neglect and abandonment of senior citizens. The Act has its footing on Article 41 of the constitution of India. As per the Article 41 under Directive
Principles of State Policy: “the State shall, within the limits of its economic capacity and development, make effective provision for securing right to work, to education and to public assistance in case of unemployment, old age, sickness and disablement, and in other cases of undeserved want.”
Who can claim benefit
Section 4 of the Act mentions that a senior citizen including a parent who is unable to maintain
himself from his own earning or property owned by him can claim maintenance.
Key features of Act
i. Maintenance
ii. Role of voluntary organizations
iii. Establishment of maintenance Tribunals
iv. Health care and medical Facilities
v. Property rights
vi. Punishment
The act emphasizes the importance of healthcare services for senior citizens. It mandates the State government to provide beds for all senior citizens and further mandates separates queues to be arranged for senior citizens. As a welfare measure, it is also provided that the State Government may establish old age homes in each district for those senior citizens who are deemed indigent, and in need.
Protection of Property Rights:
The Act safeguards the property rights of senior citizens, preventing fraudulent practices and abuse. In various instances, where the senior citizen has transferred property via a gift deed to their son/daughter; the senior citizen has the right to revoke the gift in case the transferee fails to provide the basic amenities and basic physical needs of the transferor. In the situations where a senior citizen after the commencement of this Act, has transferred his property( movable or immovable), by way of gift or any such transfer, but the condition that the transferee shall provide him basic amenities and physical needs, is attached with the transfer, and thereafter such transferee refuses or fails to fulfill such condition, such transfer of property shall be deemed to have been made by fraud, coercion or undue influence and the Tribunal can declare such transfer as void. Before this Act came into existence, the only remedy available to senior citizens in such a case was to approach the court to ask for the maintenance from the children to whom he had transferred the property but then also such property would be the exclusive property of the transferee and the senior citizen had no right on such property. But by applying the provisions of this Act, a senior citizen can reclaim his property from the transferee.
Punishment:
The Act clearly states that any person having the care of senior citizen leaves or neglects in performing his duties shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both.
Judicial intervention
The Hon’ble Court in the case of Debashish Mukherjee vs. Sanjib Mukherjee held that gift deed for transfer of immovable property executed by the parents in favor of their children cannot be declared null & void by the Tribunal until and unless such deed contains a clause that the child in whose favor the deed is being executed is liable to maintain their parents and provide them with basic amenities then such cancellation. The Court also observed that since the gift deed is not conditional as per S.23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 it is not revocable. Same held in Sudesh Chhikara vs Ramti Devi. Further increasing the powers of the Tribunals under the MWPSC Act, 2007 it was held in the case of Mr. Dattatrey Shivaji Mane.
The Hon’ble Supreme Court in the case of Ashwini Kumar vs Union of India provided various guidelines thereby elucidating on the relevance of the MWPSC Act, 2007. Direction to Government of India to collect and collate data regarding old age homes as well as information on medical facilities and geriatric care from all the States and Union Territories and file Status Report accordingly. Direction to publicize the provisions of MWPSC Act, 2007 in order to spread awareness and destigmatize the issues related to the older persons.
v. Mrs. Lilabai Shivaji Mane and others that the tribunal has jurisdiction to pass an order of eviction
under Section 4 of the Act in order to safeguard the rights of the elderly. The Hon’ble Supreme Court in the case of Ashwini Kumar vs Union of India provided various guidelines thereby elucidating on the relevance of the MWPSC Act, 2007. Direction to Government of India to collect and collate data regarding old age homes as well as information on medical facilities and geriatric care from all the States and Union Territories and file Status Report accordingly. Direction to publicize the provisions of MWPSC Act, 2007 in order to spread awareness and destigmatize the issues related to the older persons.
The elderly community deserves an approach of care and responsibility from their children or legal heirs. The responsibility of state and the settlement of cases through judicial forums are delivering justice for the needy.
Let’s hope the enactment can make a change to the problems of senior citizens.