Page 48 - Seniors Today June2020

Toolkit

Justice and

Equality for All?

More than 70 years after our
Constitution was formally adopted,
most senior citizens still struggle
for their rights and dignity, writes
Sonavi Kher Desai

Seventy years ago, on 26 November 1949, the Provisions in law
Constitution of India was formally adopted. With regard to legislation, a few years after
It envisages Justice, Liberty, and Equality for Independence, The Hindu Adoption and
all its citizens, of whom a large percentage Maintenance Act, 1956, was passed. Under
today (8.6%) is senior citizens. The Justice this Act, every Hindu son or daughter is
sought to be secured is social, economic and obliged to maintain their aged parent(s).
political, and the Equality contemplated Under Muslim personal law, too, sons and
relates to status and opportunity. daughters have to maintain their parents,
In pursuance of this goal, the Constitution if they have the means to do so. However,
incorporates Directive Principles of State Christian and Parsi personal law does not
Policy. Unlike Fundamental Rights, these have such provisions.
Directive Principles cannot be enforced The Criminal Procedure Code, 1973,
by law but they form the basis on which provides that a petition can be filed in
legislation is formulated. So, for example, a criminal court by senior citizens who
Article 41 of the Directive Principles of State cannot maintain themselves, to enforce
Policy says that the State shall endeavour maintenance by their child/children
to provide the right to education and to who have sufficient means to do so. This
work in cases of unemployment, old age, is applicable to all, whether married or
sickness and disablement, within the limits unmarried, irrespective of religion.
of economic capacity. Similarly, Article 46 The Maintenance and Welfare of Parents
states that the educational and economic and Senior Citizens Act, 2007, [sought to be
rights of weaker sections of society (which amended by the Maintenance and Welfare
includes senior citizens) must be protected of Parents and Senior Citizens (Amendment)
by the State. Bill, 2019] was enacted to safeguard rights

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