INDIA: Judiciary sensitised on law for senior citizens

. NEW DELHI, India / The Hindu / National / February 23, 2009 By J. Venkatesan Considering the plight of senior citizens and aged parents neglected by their sons and daughters, the Government of India has enacted the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The law seeks to make it a legal obligation for children and heirs to provide maintenance to senior citizens. It also permits State governments to establish old age homes in every district. Senior citizens unable to maintain themselves shall have the right to apply to a maintenance tribunal seeking a monthly allowance of Rs. 10,000 from their children or heirs. State governments will set up tribunals in every sub-division to decide the level of maintenance. The punishment for not paying the monthly allowance shall be Rs. 5,000 or up to three months imprisonment or both. To sensitise judges, judicial officers, senior government officials and non-governmental organisations on implementing this law, the National Legal Services Authority conducted a one-day national seminar here on Saturday. Chief Justice of India K.G. Balakrishnan inaugurated the seminar attended by Chief Justices of various High Courts, judges, Executive Chairmen and Member Secretaries of the State Legal Services Authorities/High Court Legal Services Committees, Ministers and Secretaries of Social Welfare Departments of various States. The CJI, who released in a booklet form the law and its provisions for the benefit of senior citizens and the implementing agency, explained the benefits of the legislation. Minister for Social Justice and Empowerment Meira Kumar expressed concern that senior citizens were not getting the traditional respect and care from their children and called for effective implementation of the law. She said there was a gradual increase in the women population among the elderly and they were set to outnumber the males in the old-age group by 2016. Supreme Court Judge and NALSA Executive Chairman Justice Arijit Pasayat said senior citizens unable to maintain themselves would have the right to apply to a maintenance tribunal seeking a monthly allowance from their children or heirs. Copyright © 2009, The Hindu. Related Report Chief Justice wants guidelines to govern private old-age homes NEW DELHI / Press Trust of India / February 21, 2009 There should be proper guidelines to govern private old-age homes to ensure "right benefits" for the elderly and prevent any exploitation, Chief Justice of India K G Balakrishnan said today. "The Jammu and Kashmir High Court recently talked about having guidelines for health clinics...(similarly) it's high time to have guidelines for private old-age homes so that the elderly get the right benefits," the CJI said while talking about money-making pratices adopted by some homes meant for parents of NRIs. The CJI, who inaugurated a one-day national seminar on Maintenance and Welfare of Parents and Senior Citizens Act 2007 (MWPSCA) here, said under Article 21 of the Constitution the elderly have a right to live with dignity. "The statute has several provisions which have good intention but these should be implemented," the CJI said adding that the National Legal Services Authority is now trying to educate and empower the beneficiaries of laws. "There are several statutes lying dormant and we should reinvigorate them so to that they are implemented," he said in the backdrop his recent observation that when it comes to implementing laws on collecting surcharges, the government will rush them but not implement "benevolent legislations." A Bench headed by the CJI had observed this on a PIL on implementation of a 14-year-old disabilities law. Press Trust of India