Bill To Amend Senior Citizens Act To Criminalize Abandonment & Abuse Of Parents/Senior Citizens Introduced In LS [Read Bill]

The Central Government has introduced a bill in Lok Sabha to amend the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which seeks to criminalize abusing of parents or senior citizens.

The bill seeks to amend Section 24, which as of now punishes only 'exposure and abandonment of senior citizens'. The suggested amendment now criminalizes 'abuses and abandonment' as well. It reads as follows:

Whoever, having the care or protection of a parent or senior citizen, intentionally abuses or abandons such parent or senior citizen, shall be punishable with imprisonment for a term which shall not be less than three months, but which may extend to six months or with fine up to ten thousand rupees or with both.

Explanation.—For the purposes of this section, the term "abuse" includes physical abuse, verbal and emotional abuse and economic abuse, neglect and abandonment causing assault, injury, physical or mental suffering.

The present Section 24 reads thus:

"24. Whoever, having the care or protection of senior citizen leaves, such senior citizen in any place with the intention of wholly abandoning such senior citizen, shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both."

The bill also suggests to define "children", in relation to a parent or a senior citizen, as his son or daughter, whether biological, adoptive or step-child and includes his son-in-law, daughter-in-law, grandson, grand-daughter and the legal guardian of minor children, if any. The term "Maintenance" is suggested to include provision for food, clothing, housing, safety and security, medical attendance, healthcare and treatment necessary to lead a life of dignity. The "parent", as per the bill, means father or mother, whether biological, adoptive or step-parent and includes father-in-law, mother-in-law and grandparents, whether or not a senior citizen. 

The bill also seeks to introduce the following provision: If the children or relative against whom an order for maintenance is passed under section 9 fails to comply with such order without sufficient cause, the Tribunal may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fine. further , if the children or relatives,, fails to pay the fine levied, the Tribunal may sentence him to imprisonment for a term which may extend to one month or until the payment is made, whichever is earlier.

Other salient features of the Amendment Bill are as follows:

(a) expand the scope of the Act by modifying the definitions of 'children', 'parents', 'maintenance', 'welfare' and 'senior citizens', to enable parents and senior citizens to lead a life of dignity;

(b) enlarge the mode of submission of application for maintenance by the parents or senior citizens;

(c) provide for expeditious disposal of maintenance applications with special preference to the applications of senior citizens above eighty years of age, so as to enable parents or senior citizens to receive necessary relief;

(d) remove the upper limit of rupees ten thousand as monthly maintenance amount that may be awarded by the Tribunal;

(e) extend the right to file appeal to children and relatives also who are aggrieved by the order of the Maintenance Tribunal, if they continue to pay the maintenance amount as ordered by the Maintenance Tribunal;

(f) provide for registration of Senior Citizens' Care Homes, Multi-Service Day Care Centre for Senior Citizens and Institutions providing Homecare Services for Senior Citizens and their minimum standards;

(g) constitute Special Police Unit for Senior Citizens in each district and appoint Nodal Officers for Senior Citizens in every Police Station;

(h) maintain Helpline for senior citizens; 

Click here to Read/Download Bill