“Old Age” is usually associated with declining faculties, both mental and physical, and a reduction in social commitments (including sport participation) of any person. The precise onset of old age varies culturally and historically. It is a social construct, rather than a biological stage. The persons in India, who have attained the age of sixty years and above, are defined as elderly for the purpose of availing old age benefits.
ELDERLY AND HUMAN RIGHTS
As per 2001 Census, total population of Senior Citizens (60+) was 7.7 crore, of which population of males and females was 3.8 crore and 3.9 crore respectively. The share of people aged 60 years and above in the total population. Population of senior citizens in Andhra Pradesh, Goa, Himachal Pradesh, Karnataka, Kerala, Maharashtra, Orissa, Punjab, Tamil Nadu, Uttarakhand and Pondicherry is more than the national average (7.5%). In rural areas, the percentage share of elderly population in total population is highest in the State of Kerala while Andaman & Nicobar Islands has the lowest share. In urban areas, the percentage share of elderly population in total population is highest in the state of Kerala while Arunachal Pradesh has the lowest share.
Constitutional Provisions
In Constitution of India, entry 24 in list III of schedule VII deals with the Welfare of Labour, including conditions of work, provident funds, liability for workmen’s compensation, invalidity and Old age pension and maternity benefits. Further, Item No. 9 of the State List and item 20, 23 and 24 of Concurrent List relates to old age pension, social security and social insurance, and economic and social planning. Article 41 of Directive Principles of State Policy has particular relevance to Old Age Social Security. According to this Article, “the State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in case of undeserved want.
Legal Provisions
The right of parents, without any means, to be supported by their children having sufficient means has been recognised by section 125 (1) (d) of the Code of Criminal Procedure 1973, and Section 20(1&3) of the Hindu Adoption and Maintenance Act, 1956.
Personal Laws:
The moral duty to maintain parents is recognized by all people. However, so far as law is concerned, the position and extent of such liability varies from community to community.
Hindu Laws:-
The statutory provision for maintenance of parents under Hindu personal law is contained in Section 20 of the Hindu Adoption and Maintenance Act, 1956. This Act is the first personal law statute in India, which imposes an obligation on the children to maintain their parents. As is evident from the wording of the section, the obligation to maintain parents is not confined to sons only; the daughters also have an equal duty towards parents. It is important to note that only those parents who are financially unable to maintain themselves from any source, are entitled to seek maintenance under this Act.
Muslim Law:-
Under the Muslim law also children
have a duty to maintain their aged parents.
According to Mulla (Muslim title applied
to a scholar or religious leader):
(i) Children in easy circumstances are
bound to maintain their poor parents,
although the latter may be able to earn
something for themselves. (ii) A son in
stressed circumstances is bound to maintain
his mother, if the mother is poor, though
she may not be infirm.
(iii) A son,
although poor, is earning something, is
bound to support his father who earns
nothing. According to the Muslim law, both
sons and daughters have a duty to maintain
their parents under the Muslim law.
The obligation, however, is dependent on
their having the means to do so.
Christian and Parsi Law:-
The Christians and Parsis have no personal laws providing for maintenance for the parents. Parents who wish to seek maintenance have to apply under provisions of the Criminal Procedure Code.
The Code of Criminal Procedure (Cr.P.C):
The Cr.P.C 1973 is a secular law and governs persons belonging to all religions and communities. Daughters, including married daughters, also have a duty to maintain their parents. The provision for maintenance of parents under the code was introduced for the first time in Section 125(1) of the Code of Criminal Procedure in 1973. As per the code if any person having sufficient means neglects or refuses to maintain his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his father or mother, at a monthly rate as the magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct.
Government Policies and Schemes for Older Persons
Over the years, the government has launched various schemes and policies for older persons. These schemes and policies are meant to promote the health, well-being and independence of senior citizens around the country. Some of these programs have been enumerated below:
National Policy for Older Persons
The central government came out with the National Policy for Older Persons in 1999 to promote the health, safety, social security and well being of senior citizens in India. The Policy recognizes a person aged 60 years and above as a senior citizen. This policy strives to encourage families to take care of their older family members. It also enables and supports voluntary and non-governmental organizations to supplement the care provided by the family and provide care and protection to vulnerable elderly people. The policy has identified a number of areas of intervention financial security, healthcare and nutrition, shelter, education, welfare, protection of life and properly etc. for the well being of older persons in the country. The main objective of this policy is to make older people fully independent citizens.
This policy has resulted in the launch of new schemes such as:-
National Council for Older Persons:-
A National Council for Older Persons (NCOP) has been constituted by the Ministry of Social Justice and Empowerment to operationalize the National Policy on Older Persons. The basic objectives of the NCOP are to: Advise the Government on policies and programs for older persons, Provide feedback to the Government on the implementation of the National Policy on Older Persons as well as on specific program initiatives for older Persons advocate the best interests of older persons, Provide a nodal point at the national level for redressing the grievances of Older persons which are of an individual nature provide lobby for concessions, rebates and discounts for older persons both With the Government as well as with the corporate sector Represent the collective opinion of older persons to the Government Suggest steps to make old age productive and interesting Suggest measures to enhance the quality of inter-generational relationships. Undertake any other work or activity in the best interest of older persons.
Integrated Program for Older Persons:-
Implemented by the Ministry of
Social Justice & Empowerment this
scheme provides financial assistance
up to 90 per cent of the project cost
to non-governmental organizations or
NGOs as on March 31, 2007. This money
is used to establish and maintain old
age homes, day care centers, and mobile
Medicare units and to provide
non-institutional services to
older persons.
The
Scheme of Integrated Program for
Older Persons (IPOP) is being
implemented since 1992. Under the
Scheme financial assistance up
to 90% of the project cost is
provided to Non-Governmental
Organizations for running and
maintenance of old age homes,
day care centers and mobile
Medicare units. The Scheme has
been revised w.e.f. 1.4.2008.
Besides an increase in amount
of financial assistance for
existing projects, Governments/
Panchayati Raj Institutions/ Local
Bodies have been made eligible for
getting financial assistance.
Several innovative projects have
also been added as being eligible
for assistance under the Scheme.
Some of these are:-
The eligibility criteria for beneficiaries
of some important activities/ projects supported
under the Scheme are:
PRESENT CONCESSIONS AND FACILITIES AVAILABLE
3.40% and 50% concession in rail
fare for male passengers aged 60 years and
above and female passengers aged 58 years
and above respectively.
Ministry of Health & Family Welfare
Central Government Health Scheme provides pensioners of central government offices the facility to obtain medicines for chronic ailments up to three months at a stretch. More details on Central Government Health Scheme.
The Ministry of Health and Family Welfare provides for
(i) Separate queues for older persons in government hospitals and
(ii) Geriatric clinic in several
government hospitals.
The
Ministry has taken a new initiative called
the National Program for the Health Care
for the Elderly (NPHCE) in the Eleventh Five
Year Plan. The program has been implemented
from the year 2010-11 with an approved
outlay of ` 288 crore for the remaining
period of the 11th Five Year Plan
(i.e for 2010-11 and 2011-12). The
objectives of the program are to:
The basic strategies of the program are to:
Initiative taken and progress in 2010-11
A Senior Citizens Savings Scheme has been introduced by the Government through Post Offices in India which offers higher rate of interest on the deposits made by the senior citizen in post offices.
Ministry of Finance
The Ministry provides the following facilities for senior citizens:
Insurance Regulatory Development Authority (IRDA)
IRDA vide letter dated 25.5.2009 issued instructions on health insurance for senior citizens to CEOs of all General Health Insurance Companies which inter-alia includes:
Department of Pensions
The Department has set up a Pension Portal to enable senior citizens to get information regarding the status of their application, the amount of pension, documents required, if any, etc. The Portal also provides for lodging of grievances. As per recommendation of the Sixth Pay Commission, additional pension will be provided as per details given below to older persons:
Age 80+ Pension 20%
Age 85+ Pension 30%
Age 90+ Pension 40%
Age 95+ Pension 50%
Age 100+ Pension 100%
Ministry of Civil Aviation
The National Carrier, Air India, under the Ministry of Civil Aviation provides air fare concession up to 50% for male passenger aged 65 years and above and female passenger aged 63 years and above on the date of commencement of journey and on production of proof of age (Photo- ID) and nationality.
Ministry of Road Transport and Highways
The Ministry of Road Transport and Highways has taken initiatives for providing reservation of two seats for senior citizens in front row of the buses of the State Road Transport Undertakings. Some State Governments are giving fare concession to senior citizens in the State Road Transport Undertaking buses and are introducing Bus Models, which are convenient to the elderly.
National Old Age Pension (NOAP) Scheme
Under National Old Age Pension Scheme, in 1994 Central Assistance was available on fulfillment of the following criteria:-
Action Plan 2000-2005 for Senior Citizens
The Action Plan 2000-2005 drawn up by the Ministry of Social Justice and Empowerment (MSJ&E) in consultation with the National Council for Older persons (NCOP) requires various Ministries to take action along the lines envisaged in it. The implementation of Action Plan with clear job responsibilities, practical ideas & time-frame for execution for the Ministries is required to be monitored by the NCOP & the Inter Ministerial Committee set up by the MSJ&E. Some of the Ministries have already initiated action on devising facilities & welfare schemes for the senior citizens, which have been listed as follows:
Ministry of Social Justice Empowerment
Ministry of Finance
Ministry of Civil Aviation
1.50% Discount in Air Travel (subject to certain conditions)
Ministry of Railways
30% Discount in Rail Travel
Ministry of Road Transport Highway
Ministry of Law &Justice
Ministry of Rural Development
Ministry of Consumer Affairs
Antyodaya Program which Food & Public Distribution provides the Below Poverty Line (BPL) families with food grains at the rate of 35 Kgs per family per month. The food grains are issued @3/- per kg. For rice and @2/- per kg. For wheat. The persons aged above 60 years from the BPL category were given priority for identification.
Ministry of Health
Legislative Framework
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was enacted in December 2007, to ensure need based maintenance for parents and senior citizens and their welfare.
The Act provides for:-
The Act was enacted on 31s1 December 2007.
It accords prime responsibility for the maintenance
of parents on their children, grand children or
even relatives who may possibly inherit the property
of a Senior Citizen. It also calls upon the State
to provide facilities for poor and destitute older
persons.
Provisions of the Act
Rights of Older Persons: International Scenario
Beginning with the Universal Declaration of Human Rights, going on to the many International Instruments – including the Covenants on Economic Social and Cultural Rights, on Civil and Political Rights as well as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) – there are many references to the Rights of all. The Declaration on Social Progress and Development in 1969, for the first time specifically mentions old age in Article 11. The UN adopted the 1st International Plan of Action on Ageing in Vienna in 1982, and it took until 1991 for the General Assembly to adopt the UN Principles for Older Persons (Resolution 46/91) and its 4 main themes independence, participation, care, self-fulfillment and dignity. The Committee on Economic, Social and Culture Rights adopted the General comment no 6 on the Economic and Social, and Cultural Rights of Older Persons (Document E/l996/22, Annex IV) in the year 1995. In 1999, with the International Year of Older Persons (Document A/ 50/114), came the Conceptual Framework based on the Plan and Principles with 4 priority areas: (a) The situation of older persons, (b) individual lifelong development, (c) the relationship between generations, (d) the interrelationship of population, ageing and development. Finally, in Madrid in 2002, 20 years after, the 2nd World Assembly on Ageing (WAA) adopted unanimously a Political Declaration and an International Strategic Plan of Action on Ageing. Both the documents include clear objectives and related actions to be taken: (i) to ensure the Rights of older persons, (ii) to protect older persons from “neglect, abuse and violence” in all situations addressed by the UN as well as (iii) to recognize “their role and contribution to society”. The 2002 Madrid Plan of Action goes into great details on the situation of older persons and the Commission for Social Development was given the charge of implementation. However, it is obvious that these precedents are not enough to give older persons their Rights as well as recognition of their contribution to society. Older persons are not only unrecognized but more and more excluded from their role in society, just to cite a few examples:
Initiatives by National Human Rights Commission (NHRC)
Ministry of Social Justice had constituted
the National Council for Older Persons (NCOP)
on 11-1-1999 in which a representative
from NHRC was included as a member. In
its meeting held on 8th March, 2002, the
Commission noted the details of the
implementation of the Old Age Pension
Scheme by the Central and State Governments
and appointed Shri K. B. Saxena, IAS (Retd.),
Former Advisor, Planning Commission for an
in-depth study and recommendations.
Shri K. B. Saxena submitted a
Report with Suggested Interventions on
“National Old Age Pension Scheme:
Issues of Policy and Governance”.
The Report was published by NHRC in
October 2007. The Ministry of Social
Justice and Empowerment reconstituted
them National Council for Older Persons
(NCOP) on 1st August 2005 under the
Chairmanship of Ministry for Social
Justice & Empowerment. The Secretary
General, NHRC is a member of the NCOP
the Council, presently, has 15 official
Members and 33 non-official members.
The Commission had organized “Health Week” Awareness Lecture on following topics were delivered by the subject specialists in the field, which were very much informative with regard to the health of older persons:
The action plan envisages following role for the Commission:-
Issues and Challenges in Supporting the Older Poor in India