Safeguarding Parents and Elderly - 

Moral Duty and Legal Obligation

“A parent's love is whole no matter how many times divided” - Robert Brault

“To care for those who once cared for us is one of the highest honors” - Tia Walker

These quotes highlight a cycle of care, unconditional love given by parents in youth and honorable care returned by children in their parents’ twilight years. They also align with the spirit of laws viz., the Senior Citizens Act, 2007, which legally recognizes this responsibility and moral obligation.

India is undergoing a significant demographic transformation with a rapidly growing population of senior citizens. According to the 2011 Census, there were 104 million elderly persons (60+ years). By 2022, this number rose to 149 million, an increase of 45 million in just a decade. Projections suggest that it will reach 173 million by 2026 and according to UNFPA and other UN reports, it may climb to nearly 347 million that means 20.8% of India’s population by 2050.

This dramatic rise in the number of elderly people poses multiple challenges like economic insecurity, neglect, abuse, lack of healthcare and diminishing social support systems. These realities underscore the urgency of safeguarding the rights of the elderly through effective legal, social and institutional mechanisms.

Evolution and Need for the Legislation    

The duty of a son to look after his parents is a core tenet of Hindu Dharma, specifically emphasized in texts like the Vedas, the Puranas, such as the Kurma Purana, and the epic Mahabharata, specifically the Shanti Parva. This concept is often referred to in Hinduism as Pithru Runa, the debt owed to one's ancestors and is considered a supreme Dharma, with the service to parents leading to spiritual benefits.

In Judaism, honoring parents is a significant commandment from the Torah, and while not exclusively the son's duty, it is a strong obligation for all children. Christianity teaches that children have a sacred duty to care for their parents, a principle rooted in the Ten Commandments and emphasized by Jesus and the Apostle Paul. Islam emphasizes a child's profound duty to care for their parents, which is a divine commandment found in the Quran and elaborated by Prophet Muhammad's teachings. This obligation includes showing respect, fulfilling their needs, and treating them with kindness and gentleness, even if the parents were not ideal caregivers.

Looking after one's parents is considered a religious duty in many faiths though the emphasis and specifics can vary. This responsibility is shared by all children, both male and female, regardless of their parents' faith or behavior. This care includes respecting them, providing for their material and spiritual needs and showing gratitude for their past sacrifices. While some religions place a primary emphasis on adult children caring for their aging parents, the specific responsibility can extend to both sons and daughters and can also be a legal and moral obligation. Thus, in every civilization, respect for elders has been considered both a moral duty and a cultural value.

Indian Constitution

Article 41, Constitution of India (Directive Principles of State Policy) says that the State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement and in other cases of undeserved want. It directs the State to provide public assistance to elderly, subject to its economic capacity. Though not justiciable, this constitutional mandate laid the foundation for laws and policies addressing the welfare of the elderly.

In India, the family has traditionally been the foundation of support for parents in old age. With the decline of the joint family system due to urbanization, migration and nuclear family trends, many senior citizens were left vulnerable. The key reasons for enactment of Senior Citizens Act were (1) Financial insecurity and neglect (2) Changing family structures (3) Abuse and abandonment (4) Lack of a unified legal frame work and (5) Protection of property etc.

Prompted by Art 41 of the Constitution and guided by the United Nations Principles for Older Persons (1991) that emphasized independence, participation, care, dignity and self-fulfillment, India enacted the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizens Act, 2007), a more comprehensive legislation compared to Section 125 CrPC (Section 144 BNSS), with a welfare-oriented approach rather than a punitive one. This Act is not only for the senior citizens but also for the parents, irrespective of the age, whether they are above or below 60.

For many years, Section 125 of the Code of Criminal Procedure, 1973 (Now, Section 144 of Bharatiya Nagarik Suraksha Sanhita, 2023) provided limited relief, enabling parents and senior citizens to seek maintenance from children and the concerned. However, the scope was narrow, adversarial and often insufficient. 

Objectives of the Act

This Act is a social welfare legislation in India, designed to provide more effective provisions for the maintenance and welfare of parents and senior citizens, ensuring their dignity and security. This Act makes it a legal obligation for children and relatives to provide for elderly parents and senior citizens, establishing a framework for financial support, old age homes and the protection of their property and life. It is a landmark legislation as it provides for what is needed for the parents and elderly making both the State and the Children or the heirs morally and legally responsible. The primary objective is to make it obligatory for children and heirs to maintain their elderly parents, providing a simpler, faster mechanism for claiming maintenance and establishing a framework to protect the life and property of seniors and directing the State to set up welfare institutions like old age homes and provide for health care etc.

Important provisions of the Act

The Senior Citizens Act has a total of 32 sections. These sections cover various aspects, including definitions, maintenance obligations, the establishment of Tribunals for handling disputes, provisions for old-age homes, medical support for senior citizens and the prevention of abandonment and exposure of elders. With 32 sections, it is known as a biting law, not a barking law. 

Some of the important provisions are -

Right to Maintenance (Section 4): Senior citizens (60+) and parents (irrespective of age) can claim maintenance from their children or heirs. Maintenance includes food, clothing, residence, medical expenses and other basic needs.

Application for Maintenance (Section 5): Applications can be filed directly by the senior citizen/parent, through representatives, NGOs or even initiated suo motu by the Tribunal.

Time-bound Disposal (Section 6): Application must be disposed of within 90 days, extendable by 30 days in exceptional cases, ensuring speedy relief. In case of senior citizens above the age of 80 years, the application shall be disposed of within 60 days.

Maintenance Tribunal (Section 7): Established at the sub-divisional level, Tribunals can order children or heirs to provide maintenance up to ₹10,000 per month. State governments have the power to prescribe a lower maximum maintenance allowance than this national limit of ₹10,000.  

Appeals (Section 16): Appeals lie before the Appellate Tribunal presided over by the Collector & District Magistrate. An appeal under the Act is a process available to a senior citizen or parent who is unhappy with an order from a Tribunal, allowing them to challenge it by filing an appeal to a higher body, the Appellate Tribunal, within 60 days of the original order. The Appellate Tribunal will then review the case, decide on the appeal, and issue a written order, with provisions for sending copies to both parties.

Prohibition of Legal Representation (Section 17): Prohibits any legal practitioner from representing a party in proceedings before a maintenance tribunal or appellate tribunal under the Act. The rationale behind this was to ensure speedy, cost-effective and simplified justice for senior citizens, avoiding the complexity of legal formalities.

Old Age Homes (Section 19): State governments are to establish at least one old age home per district.

Medical Care (Section 20): States are responsible for ensuring accessible and affordable healthcare facilities for the elderly.

Protection of Property (Section 23): If a senior citizen transfers property with the condition of being cared for, and the transferee neglects this obligation, the transfer can be declared void. It means the property transferred or gifted by the elderly to the children or heir can be reversed, in case the elderly feels that the transferee is not taking the expected care.

Penalties (Section 24): Abandoning a senior citizen is a punishable offence with imprisonment of up to three months, a fine of up to ₹5,000, and a combination of both.

Application, not Petition

There are standard formats for filing an application before the Tribunal under this Act, which can be found in the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Rules. These forms, often available from government websites like the Ministry of Social Justice and Empowerment and the National Portal of India, specify the required details to be submitted to the Tribunal for maintenance or other welfare-related issues. The authorities that implement the Act or the agencies that play complimentary role will help write the Application on behalf of the Parents and Senior Citizens, if they are illiterate.

Authorities implementing the Act

(a) Maintenance Tribunals are headed by Sub-Divisional Officers (SDOs/RDOs), that handle maintenance claims and (b) Appellate Tribunals are presided over by an officer not below the rank of Collector & District Magistrate to hear appeals. State Government will frame rules, establish tribunals, set up old age homes and ensure healthcare facilities. Collectors/District Executive Magistrates to act as supervisory authorities to protect the life and property of senior citizens and oversee implementation.

Agencies playing Complimentary Role

Police Stations, District Legal Services Authorities (DLSAs) and Non-Governmental Organizations (NGOs) have distinct but complementary roles. Police Stations are responsible for identifying and registering lonely senior citizens, conducting periodic visits for their safety and responding to complaints of neglect or abuse. One Police Officer per station shall be designated as Nodal Officer as per this Act. DLSAs provide legal aid, facilitate access to justice and help senior citizens, especially those abandoned, understand and utilize their rights under the Act. NGOs work with DLSAs to conduct surveys, offer support services, facilitate community self-help groups and coordinate with other agencies to provide immediate relief to senior citizens.

Amendments in 2019

The Maintenance and Welfare of Parents and Senior Citizens (Amendment) Act, 2019 that came into force in 2020, inter-alia includes Homecare services for senior citizens who suffer from difficulties in performing activities of daily life due to any physical or mental impairment. Maintaining law and order is a State subject. In order to curb crime against senior citizens, the Amendment Act, 2019 has a provision for one Nodal Officer for senior citizens in every Police Station and a Special Police Unit for Senior Citizens in each district.

Comparison with Section 125 CrPC

For senior citizens in India, both Section 125 of the Code of Criminal Procedure (CrPC) and the Maintenance and Welfare of Parents and Senior Citizens (MWPSC) Act of 2007 provide legal avenues to claim maintenance. However, these two laws differ significantly in their approach, procedure and scope, with the MWPSC Act providing a more specific, speedy, and comprehensive remedy for seniors. A person cannot claim maintenance under both laws simultaneously. This table explains the scope of both the laws.

Aspect	Section 125 CrPC	Senior Citizens Act, 2007
Beneficiaries	Parents (any age)	Parents & Senior Citizens incl. claims against heirs
Relief	Primarily financial	Food, housing, clothing, medical care etc needs
Authority	Judicial Magistrate	Maintenance Tribunals (SDOs i.e. RDOs)
Timeframe	No specific time	Disposal within 60/90 days (maximum 120 days)
Orientation	Penal/adversarial	Welfare-oriented, aimed at dignity and security
Enforcement	Fines to go to State	Preventive & restorative, with property protection

Advantages of Senior Citizens Act

• It covers not only parents but also all senior citizens, allowing claims against children and heirs.
• It goes beyond financial support to cover essential needs like housing, healthcare, respect and security.
• Mandatory time-lines for disposal (60 or 90 days, as the case may be) of applications provide faster relief.
• Prevents exploitation of elders through conditional transfers of property
• It requires State Governments to set up old age homes and ensure healthcare services.
• The Act criminalizes abandonment and neglect of senior citizens.
• Unlike adversarial CrPC proceedings, this Act emphasizes welfare, dignity and familial responsibility with social welfare orientation

Challenges in Implementation

1. Despite its strong framework, implementation of the Senior Citizens Act faces hurdles for various reasons. They are -
2. Low Awareness: Many elderly citizens are unaware of their rights under the Act.
3. Reluctance to Litigate: Parents often hesitate to initiate proceedings against their children due to emotional and social factors.
4. Weak Tribunal Capacity: In several states, tribunals lack staff, resources and infrastructure.
5. Social Stigma: Seeking legal remedies against one’s children is culturally stigmatized.
6. Patchy Enforcement: Old age homes and healthcare provisions remain underdeveloped in many districts
7. Conflict with Advocates Act: Legal practitioners and courts have argued that Section 17 conflicts with Section 30 of the Advocates Act, 1961, which grants advocates the right to practice. A few high courts declared Section 17, ultra vires of Advocates Act.

What can be done?

Though enacted in 2007, not only the beneficiaries i.e. parents and elderly, but also the Officials concerned who are required to implement this Act and even majority of Advocates are unaware of this regime because of ‘information deficiency’, a situation that defeats the purpose of the Govt and its social welfare measures. Thus, its implementation faces hurdle such as low awareness, social stigma, weak tribunal capacity and inadequate institutional support. Strengthening tribunals, awareness campaigns, community participation and legal reforms are essential for effective protection of senior citizens. 

To strengthen this regime certain measures are needed: The measures can be -

1. Awareness Campaigns: Use mass media and digital platforms to educate citizens about their rights. Professional Organisations, Residential Welfare Associations and Educational Institutions will have to take up the responsibility to publicize and propagate this piece of Legislation. They may have to conduct awareness programmes and take out marches or walks on Mother’s Day i.e. 10^th May; Father’s Day i.e. 21^st June; Parents Day i.e. 26^th July and Senior Citizens Day i.e. 21^st of August every year for the purpose.
2. Strengthening Tribunals: Improve staffing, infrastructure and digital systems for quicker and smoother processes.
3. Integration with Welfare Schemes: Link the Act with pension, insurance and healthcare schemes.
4. Mediation and Counselling: Encourage family counselling and alternative dispute resolution to minimize adversarial proceedings. Advocates and their Bar Councils or Bar Associations may have to focus their attention on this aspect. Practicing Lawyers will have to be sensitized to direct their affected parent/elderly clients to explore Senior Citizens Act and avoid taking up maintenance cases under 125 CrPC.
5. Community Participation: Involve NGOs (Non-Governmental Organisations), RWAs (Resident Welfare Associations), and ULBs (Urban Local Bodies i.e. Municipalities) and RLBs (Rural Local Bodies i.e. Panchayat Raj institutions) in elderly care.
6. Stress on CSR: Taking care of senior citizens can be included under Corporate Social Responsibility (CSR) in India, as Schedule VII of the Companies Act, 2013, specifically includes setting up old age homes, day care centers and other facilities for senior citizens, as well as promoting vocational skills for the elderly.
7. Legal Reforms: Increase the ceiling for maintenance, expand healthcare protections and make penalties stricter against elder abuse.

Conclusion

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a progressive and humane law that addresses the vulnerabilities of India’s growing elderly population. It goes beyond mere financial support, ensuring dignity, healthcare, protection and shelter, something Section 125 CrPC could not achieve.

As India moves toward becoming one of the world’s largest ageing societies, ensuring effective implementation of this Act will be vital. Greater awareness, stronger institutional support and cultural reaffirmation of respect for elders and parents are key to making the legislation truly impactful.

The Act, while rooted in constitutional values and social responsibility, may have to evolve with the changing needs of senior citizens. Its success lies not just in legal enforcement, but in building a compassionate society where the elderly live with dignity, care and belonging.

References

1.     Article 41, Constitution of India

2.     Sec 125 of the Criminal Procedure Code, 1973 and 144 of Bharatiya Nagarik Suraksha Samhita, 2023.

3.     United Nations Principles for Older Persons, 1991.

4.     The Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

5.     Report of the Parliamentary Standing Committee on Social Justice and Empowerment (2010).

6.     Companies Act, 2013

7.     United Nations Population Fund (UNFPA) Report 2025.

8.     Religious Texts & Web World

 Y Babji, Advocate