The law doesn’t want old age people to suffer due to hostile treatment by their children. Old people get various types of protection under the law. Depending on the type of case, seniors can get legal remedies to overcome adverse situations. Here are some of the important legal options that seniors under various situations.

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Remedies For Senior Citizens Under The Personal Law

Under personal laws, provisions exist to ensure that elderly parents are cared for by their children.

Ameet Hariani, senior solicitor, arbitrator and mediator, doing chamber practice says, “Under Hindu personal law, it is the responsibility of children to look after their parents. The HUF concept also supports this fundamental rule. The Hindu Adoption and Maintenance Act, 1956 grants parents, both natural and adoptive, the right to claim maintenance from their sons and daughters, if they are unable to maintain themselves”.

Experts point out that Muslim personal law obligates both sons and daughters to maintain their poor parents if they have the means to do so. The Christian and Parsi personal laws do not have such provisions. However, the CrPC strengthens legal protections for senior citizens.

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How Does The CrPC Allow Protection To Senior Citizens?

“Section 125 of the CrPC allows parents, regardless of their religious background, to claim maintenance from their children if the parents lack the means to maintain themselves and the children have sufficient means. This ensures that elderly parents are not left destitute. The amount that can be claimed is, however, very limited, considering present-day costs of living”, adds Hariani.

Relief For Seniors Under The Maintenance And Welfare Of Parents And Senior Citizens Act, 2007

What if the senior citizens are childless, from whom would they get support in their old age? The law has a remedy for such senior people as well.

Hariani explains, “The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is another comprehensive law that empowers childless senior citizens to claim maintenance from their relatives who possess or are set to inherit their property”.

Experts believe that this law establishes state-mandated tribunals to expedite maintenance cases and impose penalties for the abandonment of parents or seniors by their caregivers.

The personal laws, CrPC, and Senior Citizen’s Act are three tools that collectively provide a robust legal framework to protect the rights and well-being of senior citizens in India, ensuring they receive the necessary financial and social support and are not left out neglected.

The author is an independent financial journalist.