RIGHTS AND PROTECTION PROVIDED BY STATE GOVERNMENT AND CENTRAL GOVERNMENT TO SENIOR CITIZENS

INTRODUCTION

Aging is a natural process, which leads to weakening of the body and the mind. The productivity and the working ability of a person also decreases. It is the duty of the State as well as the family of a person to take care of him in his old age. However, due to rampant illiteracy and lack of awareness, many senior citizens are not aware of their rights. This article seeks to discuss the rights and facilities available to the elderly. It also discusses the policiesand initiatives taken by various ministries

CONSTITUTION OF INDIA, 1950

The Constitution of India envisages protecting the rights of the citizens of India which includes senior citizens as well. Under Part IV (Directive Principles of State Policy), Article 41 directs the State to make effective provisions for securing right to work and public assistance in certain cases which includes old age. Article 46 directs the State to protect the economic interests of the weaker sections

HINDU ADOPTION AND MAINTENANCE ACT, 1956

Under Section 20 of Hindu Adoption and Maintenance Act 1956, parents are entitled to claim maintenance from their son as well as their daughter if they are unable to maintain themselves. This right extendsto both natural and adoptive parents. However, step parents having their own children cannot claim maintenance from their step-children.

MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007

Popularly known as the Senior Citizen Act, it got enacted in 2007. This legislation aims at welfare of old parents and senior citizen by providing them adequate maintenance. The Act makes it a legal obligation of adult children and heirs to provide a monthly allowance for maintenance of parents. It also provides inexpensive and speedy procedure to claim monthly maintenance. This Act aims at providing maintenance to senior citizens in order to prevent their destitution. It also seeks to protect the life and property of the senior citizens. The definition of ‘Maintenance’ covers basic necessities of life. This Act applies to all the citizens of India, who have crossed the age of 60 years

Some of the important provisions of the Act are discussed herein –

• A senior citizen unable to maintain himself or herself from his earnings or the property he owns can receive maintenance under the Senior Citizen Act.
• It is the duty of the children, grandchildren or relatives to maintain senior citizens or parents to fulfil their needs.
• A childless senior citizen can claim maintenance from any relative who possesses his property or who would inherit it.
• If the children or relatives refuse to take care of the senior citizen, they have the right to seek assistance from the Tribunal. The senior citizen can file the application himself but if the senior citizen is incapable of applying, any other person or organization authorized by the senior citizen can file the application. The tribunal can also take the suo moto cognizance.
• After receiving an application from the senior citizen, the Tribunal issues a notice to the respondent and provides time to respondent to furnish their reply. The application for maintenance is to be disposed of within 90 days from the date of service of notice to the respondent. The tribunal has the power to allow interim maintenance.
• A legal practitioner is not required to represent any party before the tribunal or appellate tribunal.
• The Tribunal is presided by the officer who is not below the rank of Sub-Divisional Officer of the State.
• There is a provision of imprisonment if a person defaultsin the payment of maintenance as per the order of the Tribunal.
• The appeal against the order of the Tribunal can be made to the appellate tribunal within a period of 60 days.
• The tribunal may conduct a summary proceeding.
• The Act further provides that the State Government should ensure proper execution of Maintenance and Welfare of Parents and Senior Citizen Act
• The Act provides for establishment of at least one old-age home in each district with a capacity to shelter 150 senior citizens
• A senior citizen can also cancel the transfer of his property by will or gift by applyingto the Tribunal.
• The Act prescribes punishment for the abandonment of parents or senior citizens by a person who is liable to take care of them.
• The Act also contains provisions for medical support for senior citizens. Some of the provisions are reservation of beds for senior citizens in government hospitals, separate queues for senior citizens, facility for treating chronic, terminal and degenerative disease, facilities for geriatric patients in every district hospital etc.

BENEFITS UNDER TAX LAWS

Senior citizens are entitled to certain tax benefits also. Some of the beneficial provisions are discussed herein.

• The income tax slabs are different for senior citizens and super senior citizens. Income up to 3 lakhs for senior citizens and 5 lakhs for super-senior citizens is tax-free while 10% of income tax islevied on the income of 3-5 lakhsin case of senior citizens. (Senior citizens: above 60 years of age, super seniors citizens: above 80 years of age)
• The deduction allowed for payment of medical insurance premium is 20,000 for senior citizens under Section 80-D of Income Tax Act, 1961.
• In case the senior citizen does not have businessincome, they are exempted from paying advance tax. They are only required to pay self-assessment tax
• Deduction under Section 80-D as deduction for the treatment of specified ailment is 60,000 for senior citizens.
• The amount received by a senior citizen under reserve mortgage scheme is exempted from income tax

OTHER SCHEMES FOR SENIOR CITIZENS

• Under the National Old-age Pension Scheme, the Central Government is to pay a pension of INR 200 to senior citizens belonging to the BPL household. Another INR 200 is provided by the State Government
• The railway ministry provides a concession of 30% and 50% in railway fare to male and female senior citizen respectively above the age of 60 years
• The Civil Aviation Ministry provides a concession up to 50% for male senior citizen above 65 years of age and female senior citizen above 63 years of age through the national carrier.
• A public portal has been set up to resolve pensioner grievances. It aims at providing all the information regarding the status, procedure, documents required as to the application for pension. Complaints can also be lodged through the portal.