Government ready with Maintenance and Welfare of Parents and Senior Citizen Draft Bill, 2018 which proposes amendments to the 2007 Act to expand scope and definition of care and protection
• Draft Bill proposes increase in punishment from three months to six months for neglect or ill treatment
• Expands definition of children to include non-biological members of next generation
• Expands definition of maintenance to include medical attendance, treatment etc.
• Expands relatives to include legal heirs of childless senior citizens
• Proposes to link maintenance amount to income of defaulting children. Current amount is Rs 10,000 per month
• Draft bill suggests at least one government run senior care home in every district
Hyderabad, May 10
The Ministry of Social Justice and Empowerment has prepared the Maintenance and Welfare of Parents and Senior Citizen Draft Bill, 2018, that will amend the 2007 version of the legislation to expand its scope and provide for more stringent penalties.
Those found abusing or abandoning their parents could be in for some strict punishments, including an enhanced jail term of six months from the current three months, reports the Indian Express.
The proposed changes are welcome considering the number of aged in the country is only increasing by the day and instances of abandoned or ill treated parents is on the increase. According to the Ministry of Social Justice and Empowerment there were 103.8 million citizens above the age of 60 in India in 2011. The number is expected to reach 143 million by 2021 and 173 million by 2026. People over the age of 60 are expected to account for 25% of India’s population by 2050.
The draft bill also changed the definition of children. As per the amendment, ‘Children’ include son or daughter (all biological, adopted or step), son-in-law, daughter-in-law, grandson, granddaughter and a minor.
The bill has also changed the definition of ‘Maintenance’. Now, it includes provision for food, clothing, medical attendance, treatment, safety, housing and security.
It also extends the definition of ‘relative’. It will now include any legal heir of the childless senior citizen who is not a minor and is about to inherit the property after death. “Relative means any legal heir of the childless senior citizen(s) who is not a minor and is in possession of or would inherit his/her property after his/her death,” the reports quoted the Ministry statement.
The draft bill also proposes to make the maintenance amount variable as those individuals earning more salary or amount have to provide a higher amount for the maintenance of their parents. If an individual failed to provide the amount then he or she have to face a punishment of one-month imprisonment. Currently, the upper limit of maintenance amount is Rs 10,000 a month.
Further if the draft bill gets passed from the Parliament, then it will require the government to establish and run at least one Senior Citizen Care Home in every district in the country.
The bill mandates the uniform age across all government and private schemes for insurance, health, housing and travel should be 60 years.
The bill also mandates that if the children or legal heir failed to provide support to their parents then the transfer of property will be deemed as “made by fraud or coercion or under the undue influence”. In such circumstances, the tribunal can order it to be transferred back to the parent or guardian.
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