Relevant Constitutional & Legislative Provisions

Article 41 of the Constitution provides that 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 cases of unemployment, old age, sickness and disablement, and in other cases of underserved want.

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007

It was enacted in December 2007, to ensure need-based maintenance for parents and senior citizens and their welfare.

The Act provides for:

  • Maintenance of Parents/ senior citizens by children/ relatives made obligatory and justifiable through Tribunals
  • Revocation of transfer of property by senior citizens in case of negligence by relatives
  • Penal provision for abandonment of senior citizens
  • Establishment of Old Age Homes for Indigent Senior Citizens
  • Adequate medical facilities and security for Senior Citizens