Neglected Issues of Senior Citizens

These are some of the issues AISCON is taking up as the unfinished agenda on Senior Citizens 

1. MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT 2007 AND THE RULES FRAMED BY THE STATES

The major setback to senior Citizens and Parents is lack of implementation of Sections   23, 24, and 25 of the MWPSC Act 2007 which deals with Abandonment of Elders and Protection of Life and Property of Senior Citizens. The Department of Police and Dy. Collector, Collector, who are heading the Maintenance Tribunal and Appellate Authority, delay the Maintenance cases, which are extended to 2/3 years.

Delay in getting justice results in elder abuse, forcible eviction from their house. The State Governments must take necessary steps to speed up the conciliation and adjudication processes. Many State Governments have not implemented the MWPSC Act 2007. Even Directives from the Supreme Court has not helped in implementation of MWPSC Act 2007. The Social Justice Ministry must monitor the implementation.

2. AMENDMENTS TO THE 2007 MAINTENANCE ACT

We are happy to note that many of the amendments to the MWPSC Act. 2007, as taken up by All India Senior Citizens Confederation have been accepted by the Union Cabinet and the Bill is now in the Parliament for approval to become an Act. Central Government need to ensure that the amended Act when notified is implemented by all State Governments. Social Justice Ministry must monitor this and take steps for implementation.

3. MULTI SERVICES DAY CARE CENTERS FOR SENIOR CITIZENS

Under the Act, the Center and the State Governments are responsible to establish and maintain Multi Services Day Care Centers. Unfortunately this has not being done. Urgent steps should be taken to start such Centers in all Districts in all States.

4. ENFORCEMENT OF ORDERS OF TRIBUNAL

The present process of enforcement of the Orders of the Tribunal is cumbersome and leads to further litigation. We propose that the Tribunal should take the responsibility through the Conciliation Officer for implementation of the Tribunal Orders

5. MEDICAL CARE FOR SENIOR CITIZENS

The Center and the State Governments should ensure that all hospitals whether financially aided or not by the Government, should ensure cost free treatment for the Senior Citizens who cannot afford medical treatment and are also not covered by medical insurance. The unorganized sector Employees must be taken care. Separate areas should be earmarked for the treatment of elders. All hospitals Private or Public must reserve a good number of Beds for the Sr. Citizens. There should be separate Counters for Sr. Citizens.

6. DIRECTIONS FROM THE SUPREME COURT

Out of estimated 13 crores Sr. Citizens(10.50 crores as per 2011 Census) about 70% belong to the poor category and mostly live in villages, and almost 30% of them are so poor that they cannot afford two times meals a day. They get measly pension of Rs.200 per month in most of the states. The Apex Court delivered a Judgment on 13th of December,2018 on two PIL, identifying the following major issues of the elderly that called for corrective action by the Government.

a. The right to realistic Pension

b. Right to shelter

c. Right to health- Geriatric care and medical facilities

d. Effective implementation of the 'Maintenance and Welfare of Parents and Sr. Citizens Act 2007.

We expect that in view of the Supreme Court Judgment and our various representations, the Government will take necessary action to revise the Old Age Pension to realistic figure and will take necessary steps to implement setting up of Elder Care Homes, Geriatric Wards in Hospitals, Geriatric health Care Centers, etc as recommended in the MWPSC Act of 2007 and as it will be amended by the Act of 2019. 

We quote here the observations of the Hon'ble Vice-President of India during his address at Hyderabad on 28th November,2018 to the 18th AISCCON Annual Conference " Where ever the system of the Family fails in its duty to protect the Elderly; the Community, Civil Society and the Government has to step in to fill the vacuum." Apart from abandonment, the Elderly also faces neglect, abuse, physical, verbal and emotional and other forms of violence.

7. FINANCIAL SUPPORT TO SENIOR CITIZENS ORGANIZATIONS AT NATIONAL, STATE AND DISTRICT LEVEL

The Senior Citizens Organizations are working for the welfare of Senior Citizens, propagates and creates awareness for implementation of Laws, Policies and Programs of the Governments. The Office Bearers of these Organizers work voluntarily and are required to travel widely for various welfare activities of the elderly, attend Conciliation Proceedings and Maintenance Tribunals. It is clearly mentioned in the National Policy for Older Persons

- 1999 for the recurring and non-recurring expenses of the Senior Citizens Organizations to be provided by the Government. This is not being done at present. There should be a budgetary provision for such expenses.

8. NATIONAL LEVEL AND STATE LEVEL COUNCILS FOR SR. CITIZENS

The National Council for Sr. Citizens is an Apex Body on the policies and Programs for Senior Citizens. It is urged that the Councils should have adequate representation from the National and State Level Sr. Citizens Organizations.

9. NATIONAL ASSOCIATION OF OLDER PERSONS

To communicate, disseminate and implement various Laws, Policies, and decisions of the Government to Sr. Citizens right up to grass root level, it will be advisable to recognize a National Level Organization as the National Association of Older Persons. This is mandated in Para 93 of the National Policy On Older Persons - 1999. All India Senior Citizens Confederation ( AISCCON ) is a democratic Apex Body of Senior Citizens with federal structure in our Country having a presence in all States and Union Territories. I t deserves to be recognized as the NAOP.

10. Abandonment of Parents and Elders should be made a criminal offence under the Indian Penal Code, punishable with punishment up to three years and fine up to One Lakh. 

11. Elder Abuse should be included as a subject in the schools education.

12. Social Justice and Empowerment Ministry should do its own surveys periodically to collect data about Sr. Citizens and should not be depending only on the data from NGO's.

By Inder Mohan Bhalla 

President, All India Senior Citizens Confederation 

About AISCON 
All India Senior Citizens Confederation (AISCCON) is the Apex body of Federations, Institutions, Associations, Old Age Homes and Patron Members of about 25 lakh persons, spread over 29 States, including Union territories. AISCCON was established in 2001. It has its headquarters at Jyestha Nagrik Bhawan, Plot no.7/C, Sector 12, Nerul (West), Navi Mumbai 400706 in Maharashtra. Activities of the Organization include, to spread awareness of Sr. Citizens issues, information on prevailing laws concerning Sr. Citizens, networking, advocacy, how to fight elder abuse, maintaining elders unity, recognition of Nari Shakti (women power), to take up issues with the State and Center Governments on behalf of Sr. Citizens, to work for Corporate Social Responsibility for elders benefit, implementation of Maintenance and the Welfare of Parents and Senior Citizens Act, 2007 and Rules framed by the States Government.