INDIA: Bill for Older Persons in Good But Why Exclude Christian and Muslims?

NEW DELHI (The Indian Express), October 5, 2005: In a country with 80 million elderly people, it is heartening that the central government is bringing in new legislation, Older Persons (Maintenance, Care and Protection) Bill 2005, to provide for their needs. It is a step long overdue in times when there is an increased tendency on the part of the younger generation to leave the elderly to fend for themselves. Such has not been the case in Indian tradition. The elderly always enjoyed a preeminent position in the joint family. They were looked upon as a source of strength and inspiration. Their wisdom could steer the younger generations through intricate situations. However, with the advent of the nuclear family, this hallowed tradition has suffered erosion. We have the new social phenomenon of the neglected elderly. So enormous is the problem of the elderly that the state has to bring in a new law to guarantee some security in the evening of their lives. But all is not well with the proposed legislation. For, it proposes to leave the Christians and Muslims out of its ambit on the ground that both these communities have their personal laws to address such issues. This presumption is flawed, even malevolent. Every community in India has its own social customs, traditions based on its religious beliefs and teachings, and the state has a duty not to interfere with them unless they amount to the violation of fundamental human rights and civilised forms of living. But to assume that personal laws can govern all aspects of modern social life would be to presume too much; besides giving an impression that the government is abdicating its constitutional obligation to cater to the legitimate needs of all communities. Social security measures in India still remain inhumanly meagre. It was expected, therefore, that the incumbent government would come out with a legislation comprehensive in its intent and scope. Such hopes collapsed when the government announced that the proposed legislation would let Christians and Muslims out of its purview. This is all the more distressing because both these communities are already groaning under the weight of social discrimination and economic deprivation. Nearly 65 per cent of Christians in India belong to the dalit and tribal communities that are economically and socially backward. So is the case with Muslims. Given their disadvantaged position, they deserve opportunities on par with other communities, if not a special preference. Economic and social security are basic to all communities irrespective of their religious affiliation. The Constitution of India guarantees equality of opportunity to all citizens and any discrimination based on religious belief would be tantamount to violation of the very Constitution we as a nation profess allegiance to. By Babu Joseph Spokesperson Catholic Bishops’ Conference of India