Page 29 - Seniors Today Jan20 Issue

Toolkit
A recent amendment proposed to the Maintenance and Welfare of Parents and
Senior Citizens Act seeks to strengthen the law protecting seniors.
By Sonavi Kher Desai
In a welcome move, the Maintenance and
Welfare of Parents and Senior Citizens
(Amendment) Bill, 2019, was introduced in
the Lok Sabha on 11 December 2019. This
Bill amends the Maintenance and Welfare of
Parents and Senior Citizens Act, 2007, which
was enacted to safeguard rights of senior
citizens. However, the remedies provided
under the Act of 2007 are not enough to protect
vulnerable seniors from abuse and exploitation.
The Maintenance and Welfare of Parents and
Senior Citizens (Amendment) Bill, 2019, seeks to
amend the Act as follows:
Under the Act, the term “children” refers to
children and grandchildren, excluding minors.
The Bill extends the definition to include step-
children, adopted children, children-in-laws,
and legal guardian(s) of minors. Also, the
term “relative” would include a legal heir of a
childless senior citizen (excluding minors), who
would inherit his/her property after death. The
Bill amends definition of parents to include
biological, adoptive and step-parents, and also
includes parents-in-law and grandparents.
The Bill expands the definition of
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A tougher legal
safety net
“maintenance” to include the provision of
healthcare, safety, and security for parents and
senior citizens to lead a life of dignity. It expands
the definition of “welfare” to include the
provision of housing, clothing, safety, and other
amenities necessary for the physical and mental
well-being of a senior citizen or parent.
Maintenance from children
Under the Act, a Tribunal, which has the powers
of a Civil Court, can order children to provide a
maximum monthly maintenance of Rs. 10,000
to their senior citizen parents. It has power
to alter or to cancel the order in appropriate
circumstances. The Act requires children and
relatives to deposit the maintenance amount
with the relevant parent or senior citizen within
30 days of being ordered to do so. Failure to
pay maintenance would result in 3 months
of imprisonment or fine of Rs. 5000 or both.
The Amendment Bill removes the upper limit
on the maintenance fee. While deciding the
maintenance amount the Tribunals may take
into consideration the standard of living and
earnings of the parent or senior citizen, and the
SENIORS TODAY | Issue #7 | January 15, 2020