Constitutional and Legal
provisions including Maintenance
and Welfare of Parents and Senior
Citizens Act, 2007
ABHISHEK KUMAR
B.E., MBA, M.PHIL.
SECRETARY
JAN SEVA EVAM SHIKSHAN SANSTHA
Why a Law for taking care of our
parents and elders is required?
We, in India, used to start our day by bowing at
the feet of our parents and elders in our
traditional system.
Our elders were normally taken care of by one
and all in the joint family scenario.
Why a Law for taking care of our
parents and elders is required?
With the withering away of the joint family
system and emergence of the nuclear
families we seldom find time or mind to
devote for our parents and elders. The result
is that a large number of parents are not only
deprived of the care and love from their
children, but also exposed to emotional
neglect and lack of physical and financial
support.
Why a Law for taking care of our
parents and elders is required?
With the weakening of both health and financial
resources, the parents even if living within the
family, are perceived as a burden. The old
parents especially the widowed women are
forced to spend their twilight years alone.
There is a direct and immediate necessity to
provide adequate social security to these
elders by their children and others.
Why a Law for taking care of our
parents and elders is required?
The moral obligation of the children towards
their parents in their old age has to be
backed by a legal obligation.
Constitutional Provision
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In the Constitution of India, Article 15 (3)
provides for making any special provision for
women and children which will not be hit by
the fundamental right of equality.
Article 39 contained in part IV containing
Directive Principles of State Policy relates to
securing citizens, men and women the right
to an adequate means of living.
Constitutional Provision
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Article 41 contained in part IV obliges the
State to make effective provision within the
limits of its economic capacity and
development for securing protection, interalia,
in the old age.
Constitutional Provision
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The Parliament as well as the State
Legislatures are competent to make laws for
providing social security and social
insurance, employment and unemployment
(entry 23 of List III – Concurrent List in the
VIIth Schedule to the Constitution)
Legal Provision
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In order to prevent our parents and elders
especially at the dusk of their lives and other
family members including wife, child
(legitimate or illegitimate) from resorting to
vagrancy and wandering for their daily
needs, section 125 CrPC was enacted, which
ensures the social security and justice.
Legal Provision
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It provides for grant of monthly allowance for
the maintenance of wife, children, parents
etc., in case they are unable to maintain
themselves.
It also provides for interim order.
Legal Provision
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Personal laws in the Hindu adoption and
maintenance act 1956, Hindu Marriage Act,
1955 and Muslim personal law also provide
for maintenance in case of need.
Legal Provision
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The procedure under section 125 Cr PC is
time consuming and cumbersome in addition
to being expensive. Taking a clue and
inspired by the “Himachal Pradesh
Maintenance of Parents and Dependents Act,
2001, the Parliament enacted the 2007 act
for making the claim for maintenance simpler
speedier and less expensive.
The Maintenance and Welfare of
Parents and Senior Citizens Act, 2007
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Parents
Senior citizen
Welfare
Maintenance of Parents and Senior Citizens
Obligation of the children or relative
The Maintenance and Welfare of
Parents and Senior Citizens Act, 2007
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Jurisdiction and procedure
Summary procedure in case of enquiry
Enforcement of order of maintenance
Option regarding maintenance
Deposit of maintenance amount
Award of interest where any claim is
allowed
Constitution of Appellate Tribunal
The Maintenance and Welfare of
Parents and Senior Citizens Act, 2007
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Right to legal representation
Establishment of Old age homes
Transfer of property to be void in certain
circumstances
Exposure and abandonment of senior
citizens
Cognizance of offences
Jurisdiction of Civil Courts barred
The Maintenance and Welfare of
Parents and Senior Citizens Act, 2007
The Maintenance and Welfare of Parents and
Senior Citizens Act, 2007 has been divided
into seven chapters:
 Chapter I containing sections 1, 2 & 3 deals
with preliminary items like Short Title and
Definitions etc..
The Maintenance and Welfare of
Parents and Senior Citizens Act, 2007
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Chapter II containing sections 4 to 18
deals with rights of parents and sr.
Citizens and the procedure for claiming
them through a maintenance Tribunal
including provision for constitution of
Appellate Tribunal.
The Maintenance and Welfare of
Parents and Senior Citizens Act, 2007
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Chapter III contains only one section 19,
providing for establishment, maintenance
and management of old age homes.
Chapter IV contains the section which
provides for ensuring medical support to
the Sr. Citizens.
The Maintenance and Welfare of
Parents and Senior Citizens Act, 2007
Chapter V containing sections 21 to 23
provides for publicity, awareness, etc for
welfare of Sr. Citizens and also conferring
certain powers and on a District
Magistrate for properly carrying out the
provisions of the Act. This chapter also
provides for declaring the transfer of
property void in case of failure to provide
basic amenities and physical needs to the
transferor.
The Maintenance and Welfare of
Parents and Senior Citizens Act, 2007
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A registered voluntary organization has
also been empowered to take action in
case senior citizen in incapable of
enforcing the right under this section
The Maintenance and Welfare of
Parents and Senior Citizens Act, 2007
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Chapter VI contains sections 24 and 25.
Section 24 provides for creation of
punishable offence if the senior citizen
has been left with the intention of wholly
abandoning him.
Section 25 makes the offence under the
Act as cognizable and bailable.
The Maintenance and Welfare of
Parents and Senior Citizens Act, 2007
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Chapter VII is miscellaneous and contains
section 26 to 32.
Section 26 provides that every officer
appointed to exercise the function under the
act shall be deemed to be a public servant
within the meaning of section 21 of I.P.C.
The Maintenance and Welfare of
Parents and Senior Citizens Act, 2007
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Section 27 provides that the jurisdiction of the
Civil Court is barred.
Section 28 provides for protection to the
Central Government, State Government or
the local authority or any officer of the
Government for action taken in good faith.
The Maintenance and Welfare of
Parents and Senior Citizens Act, 2007
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Section 29 empowers the State Government
to issue orders in case of difficulty in giving
effect to the provisions of the act. Such
orders may be made only within a period of
two years from the date of commencement of
the Act.
The Maintenance and Welfare of
Parents and Senior Citizens Act, 2007
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Section 30 empowers the Central
Government to give directions to the State
Government for implementing the proposed
legislation of the Act.
Section 31 empowers the Central
Government for periodic review and
monitoring the progress of the
implementation of the Act by the State
Governments.
The Maintenance and Welfare of
Parents and Senior Citizens Act, 2007
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Section 32 empowers the State Governments
to make rules for carrying out the purposes of
the Act in general and for the scheme for
management of old age homes, powers and
duties of the authorities under the Act and a
comprehensive plan for providing protection
of life and property of senior citizens.
The Maintenance and Welfare of
Parents and Senior Citizens Act, 2007
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The provisions in the Act do not make any
distinction between persons belonging to
different religions or casts.
The right provided in the Act is personal and
of Civil in nature.
The Act is full and comprehensive.
Thank You