When will senior citizens get justice
To eliminate the agony and sufferings of this vulnerable section of society, the Parliament enacted a law Maintenance and Welfare of Parents and Senior Citizens Act, 2007 in Dec 2007, whereby state governments were required to constitute maintenance tribu
TRADITIONAL NORMS and values of the Indian society laid stress on providing care for the elderly. However, due to withering of the joint family system, a large number of elderly people are not being looked after by their family.
Consequently, many older persons, particularly widowed women are now forced to spend their twilight years all alone and are exposed to emotional neglect and to lack of physical and financial support.
This clearly reveals that ageing has become a major social challenge and there is a need to give more attention to the care and protection for the older persons.
Though the parents can claim maintenance under the Section 125 of the Cr Pc and Hindu Adoption and Maintenance Act (HAMA) BUT the procedure is both time-consuming as well as expensive. Hence, there is need to have simple, inexpensive and speedy provisions to claim maintenance for parents.
The Indian Parliament felt that the elderly and senior citizens of the country required care and attention and also protection of their life and liberty. It further felt that the young generation was failing in its duty to take adequate care of its elderly citizens, including parents, relatives or other members of the society, who have turned old and infirm and whose population in 2009 is estimated 90 millions.
The major benefits in the act includes: Monthly maintenance upto Rs.10,000/- , punishment of Rs.5000/- or jail for three months or both for not paying the monthly allowance by children's or relative, 90 days time bound disposal,no need of advocate, a 3rd party intervention possible, to first resolve the differences and disputes between parents and children amicably, medical facility, protection of life and property , old age homes in every districts etc...
To eliminate the agony and sufferings of this vulnerable section of society, the Parliament enacted a law Maintenance and Welfare of Parents and Senior Citizens Act, 2007 in Dec 2007, whereby state governments were required to constitute maintenance tribunal within six weeks of enforcement of the Act.
The Act, which aims to protect the rights of senior citizens and has provisions like 3-month jail to children who abandon their parents, has been implemented by only 11 states so far, but some have still not form the Tribunals to address and implement the Act. The states that have come on board to implement the Act are Nagaland, Karnataka, Jharkhand, Andhra Pradesh, Rajasthan, Assam, Kerala, Tripura, Madhya Pradesh, Delhi and Orissa.
Maharashtra government and other states have neglected and ignored the cause of Senior Citizens.
Silver Inning Foundation, an NGO working with Senior Citizens demands from Maharashtra government and all state government to immediately adopt, implement the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and constitute 'maintenance tribunals' to hear and decide the grievance of our Elders ,the Senior Citizens. It aso demands inclusion of all the NGO and organisation working for Elderly in any decision making and also in Tribunals.
If any state government refuges or delays this process then Honorable Supreme Court and High Court should take action against such government for protection of constitutional and human rights of Senor Citizens.Justice delayed is Justice denied.
Lets give Justice to our Elders, lets give Love, Care & Respect to our parents .Say NO TO ELDER ABUSE.
On this new year , 1st January 2010 Lets take an pledge to protect our Elderly and make this “My World… Your World… Our World – Free of Elder Abuse” .
The major benefits in the act includes: Monthly maintenance upto Rs.10,000/- , punishment of Rs.5000/- or jail for three months or both for not paying the monthly allowance by children's or relative, 90 days time bound disposal,no need of advocate, a 3rd party intervention possible, to first resolve the differences and disputes between parents and children amicably, medical facility, protection of life and property , old age homes in every districts etc...
To eliminate the agony and sufferings of this vulnerable section of society, the Parliament enacted a law Maintenance and Welfare of Parents and Senior Citizens Act, 2007 in Dec 2007, whereby state governments were required to constitute maintenance tribunal within six weeks of enforcement of the Act.
The Act, which aims to protect the rights of senior citizens and has provisions like 3-month jail to children who abandon their parents, has been implemented by only 11 states so far, but some have still not form the Tribunals to address and implement the Act. The states that have come on board to implement the Act are Nagaland, Karnataka, Jharkhand, Andhra Pradesh, Rajasthan, Assam, Kerala, Tripura, Madhya Pradesh, Delhi and Orissa.
Maharashtra government and other states have neglected and ignored the cause of Senior Citizens.
Silver Inning Foundation, an NGO working with Senior Citizens demands from Maharashtra government and all state government to immediately adopt, implement the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and constitute 'maintenance tribunals' to hear and decide the grievance of our Elders ,the Senior Citizens. It aso demands inclusion of all the NGO and organisation working for Elderly in any decision making and also in Tribunals.
If any state government refuges or delays this process then Honorable Supreme Court and High Court should take action against such government for protection of constitutional and human rights of Senor Citizens.Justice delayed is Justice denied.
Lets give Justice to our Elders, lets give Love, Care & Respect to our parents .Say NO TO ELDER ABUSE.
On this new year , 1st January 2010 Lets take an pledge to protect our Elderly and make this “My World… Your World… Our World – Free of Elder Abuse” .
How a senior citizen is treated in India you will get the idea from the appeal made recent ly to the top most person for help for my pay revision arrears of 1992 .I am now 74 and ailing with all serious ailments where treatment is very expensive and can not be afforded by a person who has practically no income of his own spend whatever available for self leaving my ailing wife and my dependents at larch.
I expected these arrears might help me to go for some general treatment so that no one is suffering for my survival. But thing was different, during divestment of LJMC two years after my retirement no care was taken to ensure our dues .What had gone wrong I have no idea our arrears were hold back though it was a profit making Company. When my all my appeals failed I had no option than to approach to court where also money matters.
A petty clear case of pay revision arrears of 1992 which would have been settled at High court level dragged up to Supreme Court with no result though the same arrears of another undertaking as per direction of Honorable Supreme Court on appeal no 6121-6158 of 2003 arising out of SLP (C) No 14440-1447/20022 was decided within no time since the Company had not gone to private hand and no one to influence the system.
Case detail is as under:-
1, .W.P.5142 (W) 0f 2005 before High court Calcutta ??????order was only to approach appropriate forum.
2. C.P. No 176 of 2006 before High court order was passed for winding up.
3. On appeal of deponent divisional Bench directed the company to deposit the due first with court and on hearing delegate the claim of the petitioner to civil Suit to give time to the company since I was 72.
4. I filed a SLP to Supreme Court on July2007 where court made the following order on the hearing dated 07-07-08 vide SLP no. 14979 of 2007
CORAM: HON'BLE MR. JUSTICE C.K. THAKKER and JUSTICE DALVEER BHANDARI
Leave granted. Hearing expedited.
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Further follow up was not possible since I had spent more than my capacity for this legal action thinking at least Supreme court would give a judgment without being influenced by the power of respondent which did not happened at all.
Madam now my survival is at a stake if not Govt. is taking step to clear our dues. as a matter of policy
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