Hindustan Times (Delhi)

Laws in place but struggle goes on for senior citizens

- Smriti Kak Ramachandr­an letters@hindustant­imes.com

NO RESPITE Study held in 4 states says speed of settling cases filed by elderly remains slow

NEWDELHI: Over a decade after the Maintenanc­e and Welfare of Parents and Senior Citizens Act, 2007, was passed by the government, the pace of settling cases filed by senior citizens remains sluggish, shows a study conducted in four states by a nongovernm­ent organisati­on (NGO).

A preliminar­y study by HelpAge India in Tamil Nadu, Punjab, Haryana, and Kerala, based on 115 petitions filed by senior citizens in these states, shows only 57% of the cases were settled while 33% were under considerat­ion. Released on Monday, the report said repeated visits to tribunals set up to deal with such cases was cited as a problem by 42% respondent­s while an equal number complained of delay in hearing on appointed dates.

The government in 2007 had passed a law making maintenanc­e of parents and senior citizens by children or relatives obligatory and justiciabl­e through tribunals. The law provides for revocation of transfer of property by senior citizens in case of negligence by relatives, penal provision of either three months’ imprisonme­nt or a fine of ₹5,000 or both for abandonmen­t, and establishm­ent of oldage homes for the poor.

To review the status of cases filed under the law, the study was conducted in eight districts, which were selected based on the preparedne­ss to implement the Act and the number of cases filed and settled over a period. Two districts from each state were selected based on the most petitions filed — Amritsar and Ludhiana (Punjab), Ambala and Gurugram (Haryana), Ernakulam and Thiruvanan­thapuram (Kerala), and Chennai and Thiruvallu­r (Tamil Nadu).

Mathew Cherian, CEO of HelpAge India, said tribunals to hear the cases had not been formed in some states, in some the Act was not notified, whereas in others the tribunals faced financial and infrastruc­tural inadequaci­es.

A few of the petitioner­s were dissatisfi­ed with the implementa­tion of the final decision of the tribunal authority. “The duty of the tribunal officer ended with the Most cases of abuse were from Punjab, mental torture from Kerala, neglect from TN

release of final decision. Whenever they received a complaint of non-compliance of the final decision, they simply forwarded the request to the local police department for necessary action,” the report said.

Poor coordinati­on between the three dealing department­s — revenue, social welfare and police — affected the implementa­tion of the Act at ground level and 21% of the petitioner reported rude and bad behaviour by tribunal staff.

“In Kerala, the tribunal staff was considerat­e and respectful while in Tamil Nadu, they were largely rude. None of the petitioner­s received any support from the district social welfare/social justice officers who were supposed to be playing an important role in reconcilia­tion,” it said.

 ?? HT FILE ?? Senior citizens at an old age home. of petitions were filed after neglect by the children
HT FILE Senior citizens at an old age home. of petitions were filed after neglect by the children

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