Maintenance and Welfare of Parents and Senior Citizens Act 2007
Topic: Safeguards for Vulnerable Sections: SCs, STs, OBCs, Minorities, Women and Children · NCERT: Beyond NCERT
Meaning
The Maintenance and Welfare of Parents and Senior Citizens Act 2007 makes children and relatives legally responsible for looking after parents and senior citizens. It gives effect to Art. 41, a Directive Principle that asks the state to give public assistance in old age. Elderly people can claim money from Maintenance Tribunals, which can award up to ₹10,000 a month. Lawyers are not needed before these tribunals, so the process is simple and cheap. Abandoning a senior citizen is a punishable offence.
Example
Suppose an elderly mother gifts her house to her son on the condition that he will care for her, and he then neglects her. Under s.23 of the Act, the tribunal can cancel the property transfer. She can also claim a monthly maintenance allowance from him.
Don't confuse with
- Ayushman Bharat PM-JAY coverage for those aged 70+ (2024): this is a government health-insurance scheme paid for by the state. The 2007 Act puts a legal duty of care on the family.
Related concepts
- UN Convention on the Rights of Persons with Disabilities
- Rights of Persons with Disabilities Act 2016
- Benchmark disability
- Accessible India Campaign
- Rajive Raturi case
- Mental Healthcare Act 2017
- HIV and AIDS (Prevention and Control) Act 2017
- NALSA case
- Transgender Persons (Protection of Rights) Act 2019
- National Council for Transgender Persons