Elder law in India

The rights of older persons are the entitlements and independence claimed for senior citizens (i.e. above 60 years of age). Elderly rights are one of the fundamental rights of India. The International Day of older persons is celebrated annually on October 1.

The 2001 census of India demonstrated that aged people in India have crossed over 100 million. Many older people in India are not alert about the human rights of older persons, due to high occurrence of illiteracy and lack of alertness. Elder illiteracy directly contributes to a lack of knowledge regarding the human rights for older people in India, and contributes to the infringement of those rights.

Surveys have found that one out of every six older persons living in urban areas in India aren't obtaining proper nutrition, one out of every three older persons does not obtain sufficient health care or medicine, and one out of every two older persons don't receive due respect or good conduct from family members or people in general.

In today's state of urbanization in which women are increasingly joining the workforce, the roots of joint family systems are eroding. Higher numbers of older people who have spent most of their life with their joint/extended families may face loneliness and marginalization in their old age. In rural areas the older members of families, (i.e.: people who are above 60 years of age), are respected more and are considered a strong part of the family as the joint family system remains part of their roots. In villages 46.91% of the older men and 50.1% of older women are from joint families. In rural areas 13,560 out of 29,000 rural elderly have joint families.

The government of India provides various concessions and facilities to its senior citizens. The Union Cabinet’s latest decision to approve a new law - Maintenance and Welfare of Parents and Senior Citizens Act, 2007, aimed at serving the elderly live in self-respect and peace. The Bill to be introduced in Parliament this monsoon session includes provisions to guard India's senior citizens besides specifically prescribing the State’s role in taking care of them. The Bill also places a legal responsibility on children and relatives to maintain the senior citizen or parent in order to facilitate seniors with a normal life. This obligation applies to all Indian citizens, including those who live abroad. The offspring and relatives of seniors will be required to provide sufficient support for senior citizens, while the state governments will create old age homes in every district.

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