Supporting Senior Citizens: A Guide to the Maintenance and Welfare Act

In India, the elderly are traditionally respected and cared for by their children. However, in recent years, there has been an increase in cases of neglect and abuse of senior citizens. This is due to several factors, including the breakdown of the joint family system, the increasing urbanization of the population, and the rising cost of living.

In response to this, the Indian government passed the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. This Act provides for the maintenance and welfare of senior citizens, and it also defines the obligations of children and relatives to maintain their senior citizens. The Act applies to all citizens of India, whether they are living in India or outside of India.

Who is a senior citizen?

The MWPS Act defines a senior citizen as a person who has attained the age of 60 years or above. The Act also defines a parent as a father or mother of a person.

Who are children and relatives under the Act?

The Act defines "children" to include sons, daughters, grandsons, granddaughters, and any other person who is wholly or partly dependent on the senior citizen. It also defines "relatives" to include parents, siblings, grandparents, and any other person who is related to the senior citizen by blood, marriage, or adoption.

What are the obligations of children and relatives?

The Act states that children and relatives of a senior citizen have an obligation to maintain the senior citizen. The amount of maintenance that is payable will depend on the needs of the senior citizen and the financial means of the children or relatives.

How is maintenance decided under this Act?

The Act provides that the maintenance of senior citizens should be sufficient to meet their basic needs, including food, clothing, shelter, medical care, and recreation. The amount of maintenance will be determined by the Maintenance Tribunal, taking into account the following factors:

1) The needs of the senior citizen.

2) The financial means of the children or relatives.

3) The standard of living that the senior citizen was accustomed to before they became a senior citizen.

How to apply for maintenance under the Act?

A senior citizen who is not being maintained by their children or relatives can apply to the Maintenance Tribunal for maintenance. The application can be made by the senior citizen themselves, or by any other person on their behalf.

The application must be accompanied by the following documents:

1) Proof of identity of the senior citizen.

2) Proof of age of the senior citizen.

3) Proof of the relationship between the senior citizen and the person(s) who are not maintaining them.

4) Evidence of the need for maintenance.

The Maintenance Tribunal will then hold a hearing to determine whether the senior citizen is entitled to maintenance. If the Tribunal finds that the senior citizen is entitled to maintenance, it will order the children or relatives to pay the maintenance.

What are the important provisions of the Act?

Here are some of the key provisions of the MWPS Act:

Section 4: Obligation to maintain senior citizens: This section lays down the obligation of children and relatives to maintain senior citizens. The children or relatives of a senior citizen are required to maintain the senior citizen to the extent of their means.

Section 5: Application for maintenance: This section provides the procedure for applying for maintenance under the MWPS Act. A senior citizen or their representative can make an application to the Maintenance Tribunal for maintenance.

Section 6: Jurisdiction and Procedure of Maintenance Tribunals: This section deals with the jurisdiction and procedure of Maintenance Tribunals. Maintenance Tribunals are constituted by the State Governments. They have the power to hear and decide applications for maintenance under the MWPS Act.

Section 7: Order for maintenance: This section deals with the order that can be passed by a Maintenance Tribunal. A Maintenance Tribunal can pass an order for maintenance in favour of a senior citizen. The amount of maintenance that can be ordered will depend on the needs of the senior citizen and the means of the children or relatives.

Section 8: Appeal against order of Maintenance Tribunal: This section deals with the appeal that can be filed against an order of a Maintenance Tribunal. An appeal against an order of a Maintenance Tribunal can be filed in the High Court.

Where can senior citizens reach in order to file the complaint?

National Helpline for Senior Citizens (ElderLine): ElderLine is a toll-free helpline that provides information, guidance, and emotional support to senior citizens. The helpline can be reached at 14567.

National Commission for Senior Citizens: The National Commission for Senior Citizens is a statutory body that was set up by the Government of India to protect the rights of senior citizens. The Commission can be contacted at 011-23387255.

State Commission for Senior Citizens: Each state in India has a State Commission for Senior Citizens. These commissions are responsible for protecting the rights of senior citizens in their respective states. The contact details of the State Commission for Senior Citizens in Maharashtra can be found here: https://sjsa.maharashtra.gov.in/en/old-age-home

Non-Governmental Organizations (NGOs): There are many NGOs in India that work to help senior citizens. These NGOs can provide a variety of services, such as legal aid, financial assistance, and emotional support. Some of the NGOs that work with senior citizens in Maharashtra include:
1) HelpAge India: HelpAge India is a national NGO that works to improve the lives of older people. The organization can be contacted at 022-22072207.
 2) Akhil Bhartiya Sahariya Kalyan Sanstha: This NGO works to improve the lives of senior citizens in the Sahariya community in Maharashtra. The organization can be contacted at 02562-222562.

 3) Seva Bharati: Seva Bharati is a national NGO that works in the field of education and social service. The organization has a number of projects that benefit senior citizens, such as old age homes and day care centers. Seva Bharati can be contacted at 022-23722626.