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  Home  >>  Core Values  >  Rights   >  Parents Maintenance Bill
   
 
 
 
 
Older People's Maintenance & Protection Bill
 
Context

In recent times, society is witnessing a gradual but definite withering of joint family system, as a result of which a large number of parents are not being maintained by their children as was the normal social practice.

There is an apparent need to compel the progeny to perform the responsibilities which they have towards their parents in their old age. With their dwindling financial resources and weakening health, parents are often being perceived as a burden and even while living within the family, may face violence and/or neglect.

Many older persons are living without children. Widows, especially, are forced to spend their twilight years alone. In order to address such issues, a Bill for Older People is currently under debate.

HelpAge is advocating actively for the passing of the Bill, in order to provide the elderly with an institutionalised legal mechanism to claim their rights.

We have held debates on the efficacy of its provisions, involved Civil Society and groups of older people themselves, influenced Parliamentarians to be its champion, and raised awareness through the media.

 
Thrust Areas of the Bill
 
The Bill will address mainly areas which relate to:
 
Maintenance
 
financial
health requirements
protection of life and person
recreational and spiritual needs
grievance redressal
Maintenance from the family will be a matter of right for the older persons.
 
Care
 
financial
housing requirement
clothing requirement
health requirements
companionship requirements
from families and/ or to the State Governments in case of persons without family support or living below the poverty line.
 
Protection of their life and property against exploitation including physical and mental abuse.
 
Eligibility Age
 

The provisions of this Bill will be applicable when a person attains the age of 60 years. However, many women are widowed before their attaining the age of 60 years and their maintenance should be ensured in case of destitution. Similarly, indigent unemployed men below the age of 60 years and not eligible for old age pension have the right to be maintained by their adult earning children. Therefore, for the purposes of maintenance clauses parents are eligible to claim maintenance irrespective of their age. Thus the provisions of maintenance apply to parents/grandparents and the other provisions of the Bill apply to older persons as defined in the National Policy for Older Persons i.e. over 60 years of age.