·PIB·15 marks·250–350 words

Examine the adequacy of the MWPSC Act, 2007 in an ageing India.

In this answer
  1. Where the Act remains adequate
  2. Where it falls short

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 converts filial duty into an enforceable legal claim, backed by Maintenance Tribunals [1]. But with elders at about 12% of Indians today and projected to reach 319 million by 2050 [2], the Act must now be judged against a scale and a care burden it never anticipated.

Where the Act remains adequate

  • Statutory entitlement: a senior citizen unable to maintain himself may claim food, clothing, residence and medical attendance from children or relatives [1].
  • Cheap, accessible forum: Maintenance Tribunals, with an Appellate Tribunal per district, replace costly civil litigation [1].
  • Beyond maintenance: duties on States for old age homes, medical facilities and protection of life and property [1].
  • Support architecture: Elderline (14567) gives free guidance on Act-related queries, emotional support and field intervention in abuse and rescue cases [5].

Where it falls short

  • Dependence on the victim complaining: LASI records only about 5.2% of older Indians reporting ill-treatment [3], against WHO's estimate of 1 in 6 (15.7%) globally [4] — elders rarely litigate against the family they depend on for care.
  • Guidance without enforcement: Elderline operates only 8 AM–8 PM [5]; the Act's relief ultimately rests on State machinery, police and district officials.
  • Narrow idea of welfare: it addresses income and shelter, but not long-term, dementia and palliative care, or abuse inside institutions, where WHO notes evidence is scarce [4].

Way forward: make Elderline 24×7 and link abuse calls directly to a Tribunal case number; publish call data by State and complaint type; and act on WHO's five priorities for the UN Decade of Healthy Ageing (2021–2030) — countering ageism and improving data [6].

The Act is a sound legal foundation but an incomplete welfare framework. Reoriented from maintenance alone towards enforceable, dignified care, it can give real content to Article 41's promise of public assistance in old age.

Sources

  1. 1The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (India Code)definition of maintenance, Tribunals and Appellate Tribunals, State duties
  2. 2PIB, India Ageing Report 2023 Unveils Critical Insights into Elderly Care in Indiaelderly at ~12% today, 319 million by 2050
  3. 3PIB, Abuse on Elderly Persons in the Country (LASI Wave-I data)~5.2% of elders reporting ill-treatment
  4. 4WHO, Fact sheet: Abuse of older people1 in 6 (15.7%) abused in past year; scarce data in institutional settings
  5. 5PIB, Toll Free Helpline for elderly persons ELDERLINE (14567)services, MWPSC Act queries, 8 AM–8 PM working hours
  6. 6WHO, Tackling abuse of older people: five priorities for the UN Decade of Healthy Ageing (2021–2030)priorities including ageism and better data

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