LAWS AND WELFARE SCHMES RELATED TO SENIOR CITIZENS IN INDIA

(authored by Adv Anuradha Sharma)

?CONTENTS:

(1)???????Provisions under the Constitution

(2)???????Legislation:

(I) Personal Laws

(II) Code of Criminal Procedure

(III) Maintenance and Welfare of Parents and Senior Citizens Act, 2007

(IV) Domestic Violence Act

(V)Courts (Free Legal Aid)

(VI) Benefits under Tax Laws

(3)???????Central Government?Schemes for senior citizens

(4)???????Delhi Government Schemes

(5)???????Important Case Laws

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?LAWS AND WELFARE SCHEMES ?RELATED TO SENIOR CITIZENS IN INDIA

Aging is a natural process, which leads to weakening of the body and the mind. The productivity and?the working ability of a person also decreases. It is the duty of the state as well as the family of a person to take care of him in his old age. However, due to rampant illiteracy and lack of awareness, many senior citizens are not aware of their rights. ???????

(1)???????Provisions under the Constitution

?Constitution of India envisages protecting the rights of the citizens of India, which include senior citizens as well. Under Part IV (Directive Principles of State Policy), there are following provisions:?

I.?????????Article 41 directs the state to make effective provisions for securing Right to work and public assistance in certain cases which includes old age and

II.???????Article 46 directs the state to protect the economic interests of the weaker sections. The DPSP are fundamental in the governance of the country, but they are not enforceable in the Court of Law.

(2)???????Legislations

The legal right to claim maintenance is given under personal laws, Code of Criminal Procedure and Maintenance and Welfare of Parents and Senior Citizens Act, 2007. There are certain provisions relating to concessions under Income Tax Act from which senior citizens are benefitted.

I.?????????Personal Laws

1.????????Hindu Adoption and?Maintenance?Act, 1956

Under Section 20 of Hindu Adoption and Maintenance Act, 1956 parents are entitled to claim maintenance from their son as well as their daughter if they are unable to maintain themselves. It is important to note that only those parents who are financially unable to maintain themselves from any source, are entitled to seek maintenance under this Act. This right extends to both natural and adoptive parents. However step parents having their own children cannot claim maintenance from their step-children.

2.????????Muslim Personal Law

Under the Muslim personal law, both son and daughter are bound to maintain their parents who are poor if they have means to do so. Since the concept of adoption does not exist in the muslim community, the personal law is silent on the right to maintenance of adoptive parents. According to Mulla :

(a) Children in easy circumstances are bound to maintain their poor parents, although the latter may be able to earn something for themselves.

(b) A son though in strained circumstances is bound to maintain his mother, if the mother is poor, though she may not be infirm.

(c) A son, who though poor, is earning something, is bound to support his father who earns nothing.

According to Tyabji, parents and grandparents in indigent circumstances are entitled, under Hanafi law, to maintenance from their children and grandchildren who have the means, even if they are able to earn their livelihood. Both sons and daughters have a duty to maintain their parents under the Muslim law. The obligation, however, is dependent on their having the means to do so.

?3.????????Christian and Parsi Law

No provisions for maintenance are mentioned under Christian and Parsi personal laws regarding parents. The Christian and Parsi parents who wish to seek maintenance from their children need to claim it under Code of Criminal Procedure.

II.???????Code of Criminal Procedure

Senior Citizens cam claim maintenance from their children both son/daughter, irrespective of their community under section 125 of CrPC. Provided that the children must have sufficient means to maintain their parents and the parents lack means to maintain themselves.

III. ????Maintenance and Welfare of Parents and Senior Citizens Act, 2007

The Act aims at providing maintenance to senior citizens in order to prevent their destitution. It also seeks to protect the life and property of the senior citizens. It envisages setting up Old Age Homes in every district. The definition of maintenance covers basic necessities of life. This Act applies to all the citizens of India, who have crossed the age of 60 years. Some of the important provisions of the Act are discussed herein.

• A childless senior citizen can claim maintenance from any relative who possess his property or who would inherit it.
• The state government is directed to constitute a tribunal which would hear the cases regarding maintenance.
• The maximum maintenance allowance is to be specified by the state government which should not exceed 10,000 per month.
• There is the provision of imprisonment if a person defaults in the payment of maintenance as per the order of the tribunal.
• The appeal against the order of the tribunal can be made to the appellate tribunal within a period of 60 days.
• The tribunal may conduct a summary
• The parties cannot engage a legal practitioner for the proceedings to cut the cost of the proceedings.
• The Act provides for establishment of at least one old-age home in each district with a capacity to shelter 150 senior citizens.
• A senior citizen can also cancel the transfer of his property by will or gift by applying to the tribunal.
• The Act prescribes punishment for the abandonment of parents or senior citizens by a person who is liable to take care of them.

IV.??????DOMESTIC VIOLENCE ACT

The remedy under DV Act is available to female senior citizen against domestic violence.

V.???????Courts

·????????Courts in the country accord priority to cases involving older persons and ensures their expeditious disposal

·?Free Legal Aid from Legal Aid Authority

VI.??????Benefits under Tax Laws

Senior citizens are entitled to following ?tax benefits:

• The income tax slabs are different for senior citizens and super senior citizens. Income up to 3 lakhs for senior citizens and 5 lakhs for super-senior citizens is tax-free while 10% of income tax is levied on the income of 3-5 lakhs in case of senior citizens. (senior citizens: above 60 years of age, super seniors citizens: above 80 years of age)
• The deduction allowed for payment of medical insurance premium is 20,000 for senior citizens under Section 80D of Income Tax Act, 1961.
• In case the senior citizen does not have business income, they are exempted from paying Advance tax. They are only required to pay self-assessment tax.
• Deduction under section 80D as to deduction for the treatment of specified ailment is 60,000 for senior citizens.
• The amount received by a senior citizen under reserve mortgage scheme is exempted from income tax.
• Separate wards are provided for filing Returns for Senior Citizens
• Senior citizens are given .25 to 1% more interest by banks on deposits.

(3)???????Central Government ?Schemes for senior citizens

Some of the top government schemes for senior citizens in India are listed below:?

1. Pradhan Mantri Vaya Vandana Scheme

This is one of the most popular senior citizen pension schemes in India. Designed for senior citizens above 60 years of age, the policy term of this Prime Minister Senior Citizen Scheme extends to ten years. The pensioner can choose the frequency of the payment - monthly/quarterly/half-yearly/annually. You can earn interest of 8% per annum over this scheme. The minimum and maximum capping of pension are Rs. 3,000 per month and 10,000 per month, respectively.

Source-Online YOjana

2. Indira Gandhi National Old Age Pension Scheme (IGNOAPS)

Specially intended for older adults above the age of 60 years, who fall below the poverty line, according to the guidelines prescribed by the Government of India. The IGNOAPS assists with money up to 200 p.m., and 500 p.m., for people between 60 and 79 years and above 80 years, respectively.

Source-NSAP

3.?National Programme for the Health Care of Elderly (NPHCE)

Introduced in 2010, this scheme concentrates on preventive as well as promotive care for the maintenance of overall health. This program was launched to address the health issues faced by seniors. The district-level objectives include providing dedicated health facilities in district hospitals, community health centres (CHC), primary health centres (PHC), and sub-centres (SC) levels through State Health Society. These facilities maybe free or highly subsidized.

Source-NHP India

4.??Varishta Mediclaim Policy

This policy aids seniors by covering the cost of medicines, blood, ambulance charges, and other diagnosis related charges. Designed for senior citizens between the age of 60 and 80 years, this helps meet the health-related expenses of senior citizens. Moreover, income tax benefits are allowed for payment of premium under Section 80D. Although the policy period is for one year, you can extend the renewal up to the age of 90 years.

Source-GIBL.In

5. Rashtriya Vayoshri Yojana

This scheme provides physical aids and assisted-living devices for older adults above 60 years of age that belong to the BPL (below the poverty line) category. So, if senior citizens wish to avail this, then they must have a BPL card. This is a Central Sector Scheme and is entirely funded by the Central Government.

Source-india.gov.in???????????????

6. Varishta Pension Bima Yojana

This policy aids seniors by covering the cost of medicines, blood, ambulance charges, and other diagnosis related charges. Designed for senior citizens between the age of 60 and 80 years, this helps meet the health-related expenses of senior citizens. Moreover, income tax benefits are allowed for payment of premium under Section 80D. Although the policy period is for one year, you can extend the renewal up to the age of 90 years.

?Source: GIBL.IN

5. Rashtriya Vayoshri Yojana?

?This scheme provides physical aids and assisted-living devices for older adults above 60 years of age that belong to the BPL (below the poverty line) category. So, if senior citizens wish to avail this, then they must have a BPL card. This is a Central Sector Scheme and is entirely funded by the Central Government.

Source: india.gov.in

6. Varishta Pension Bima Yojana

?This pension scheme, launched by the Ministry of Finance, is for senior citizens above 60 years. The LIC of India has the authority to operate this scheme. You don’t need to get any medical check-ups done to avail this policy. It offers assured pension with a guaranteed interest rate of 8% per annum for up to 10 years – you can opt for monthly, quarterly, half-yearly, and yearly pension – depends on how you’d like to receive it.?

Source: Department of Financial Services

?7.Senior Citizens' Welfare Fund

Launched by the Ministry of Social Justice and Empowerment, this fund includes unclaimed amounts from small savings and savings accounts in the Central government schemes. It aims to make seniors financially stable for their overall welfare and health care.

8.Vayoshreshtha Samman

This scheme focuses on those seniors who have made significant contributions in their disciplines and recognizes their efforts. It was upgraded to the National Award in 2013, and since then, awards have been granted under thirteen categories.

Source: pib.gov.in?????????????????

9.Reverse Mortgage Scheme

This scheme was launched in 2007 by the Ministry of Finance to benefit senior citizens. They can mortgage their residential property against a loan of 60% of the value of the house, with a minimum tenure of 10 years

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10. Pradhan Mantri Jan Arogya Yojana

This scheme was launched in 2018 by the Ministry of Health and Family Welfare for covering up to 10 crore people belonging to poor and vulnerable families. Under this scheme, coverage of up to Rs. 5 lakhs per family for secondary and tertiary hospitalization is provided.

?Source: National Health Authority

11. Concession on Railway travel- The railway ministry provides a concession of 30% and 50% in railway fare to male and female senior citizen respectively above the age of 60 years.

• Concession on Aviation travel- The Civil Aviation Ministry provides a concession up to 50% for male senior citizen above 65 years of age and female senior citizen above 63 years of age through the National Carrier and Air India.

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12.??????Portal for pension grievance- A public portal has been set up by the department of pensions and pensioner grievances which aims at providing all the information regarding the status, procedure, documents required, as to the application for pension. Complaints can also be lodged through the portal. The portal:?https://pensionersportal.gov.in/

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13.??????Apart from all these schemes and facilities, there are certain measures taken by the government under?National Policy on Older Persons, 1999?whereby a separate bureau in the ministry of Social Justice & Empowerment for the senior citizens was set up. It also aimed at setting up of councils of older persons in the states, National Council for older persons and an autonomous National Association of Older Persons.?These bodies are established to look into the problems of the elderly and work towards their solution.

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Ref:?https://mospi.nic.in/mospi_new/upload/elderly_in_india.pdf

https://seniorcitizens.hpage.co.in/know-your-rights_56432205.ht

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(4)???????Delhi Government Schemes

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(1)???????Delhi Old Age Pension Scheme

The Government of Delhi has launched an old age pension scheme for the benefits of the senior citizens in the state. The main objective of this scheme is to provide financial assistance in the form of monthly pension to the eligible senior citizens of the state. In this article, we look at the procedure to apply for Delhi Old Age Pension Scheme in detail.

To know about the?National Pension Scheme

Features of the Scheme

The key features of the Delhi Old Age Assistance Scheme are as follows:

• Under this Old Age Assistance Scheme, the Government provides financial assistance of Rs. 2000 per month for the applicants of age group between 60 to 69 years. The Government also provides an additional amount of Rs. 500 per month to SC/ST/Minority community beneficiaries.
• Those who are above the age of 70 years, Rs. 2500 per month will be provided.
• Under this Delhi Old Age Assistance Scheme, the Government will transfer the pension amount to the beneficiaries directly through their bank account through the ECS system of Reserve Bank of India.

Eligibility?Criteria

The?below?following are the eligibility criteria required to apply for the?pension?scheme.

• To avail the benefits under this scheme, the applicant must be the?resident of Delhi state.
• The applicant’s age must be 60 years and above?to apply for this scheme.
• The annual?income?of the family from all sources?should be less than Rs. 1,00,000
• The applicant must have a ‘single-operated’ account in any of the banks in National Capital Territory of Delhi state.
• The applicant must not receive any financial assistance or pension from the Government or other local bodies of Governments.

(2) Department of Social Welfare, Delhi has operationalized Toll free no. 14567 (Elderline) dedicated for Senior Citizens only.

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(3) Setting up of old age homes

To provide a place for senior citizens where they may live gracefully in a congenial atmosphere. They are provided residential care including free boarding and lodging facilities, health care, reading room, recreation facilities, common prayer place and discourses, etc.The Government of NCT of Delhi, is providing, free of cost, facility to old age persons for staying at Old Age Homes. The Government has established two Old Age Homes – one, at Tilak Vihar shifted in Bindapur, Pocket –IV, Dwarka, Delhi. being run by the Department directly, and another at Lampur being run in collaboration with a NGO.

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(4) Recreation Centres for Senior Citizens

This scheme seeks to provide awareness to senior citizens for their relaxation, social and cutlutral activities, health check up and periodical outings.?Under this scheme non-recurring grant to the tune of Rs. 50,000 is given for setting up of recreation center which is utilized by the voluntary organization for purchase of TV, furniture, coolers,etc. Subsequently recurring grant to the tune of Rs. 18,000/pm is given to establish recreation centers to meet the cost components of salary of staff, rent of recreation center, where applicable, health services, excursions tours, etc

(5) Smart card for Senior citizens

The scheme is aimed to provide a card to the Sr Citizens which would help them avail various services/facilities provided by different departments such as Road ways, railways, airways , etc.

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(5)???????IMPORTANT CASE LAWS

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(1) Sandeep Gulati vs Divisional Commissioner?(W.P.(C) 2761/2020)?decided on 13.03.2020

Justice Navin Chawla in Delhi High Court has held that a senior citizen has a right to evict his children from the property even if no ill treatment is done. The case is titled as?Sandeep Gulati vs Divisional Commissioner?decided on 13.03.2020.

Petitions were filed to challenge the order dated 20.02.2020 passed by the learned Appellate Tribunal under the provisions of the Delhi Maintenance and Welfare of Parents and Senior Citizens, Rules, 2009 as amended from time to time in appeal ordering eviction of the petitioners from house bearing No.C-117, East of Kailash, New Delhi.

The primary contentions of the learned counsels for the petitioner(s) is that the suit property does not belong exclusively to the respondent nos.2 and 3 but is a Hindu Undivided Family (HUF) property, wherein the petitioner also has a share being a co-parcenar.?

The learned counsels for the petitioner(s) also argued that there is no proof of any ill-treatment of the respondent nos.2 and 3 by the petitioners. The respondent nos.2 and 3 have taken out various proceedings including filing of civil suit as also filing of the criminal complaint against the petitioner, however, the same remained unsubstantiated and, in fact, Closure Reports have been filed in the complaints filed by the respondent nos.2 and 3.

Delhi High Court observed and held as under:

"In any case, this Court, in its judgment dated 18.07.2018 passed in WP(C) 6592/2018, titled Smt. Darshna v. Government of NCT of Delhi & Ors., has held that it is apparent from the plain language of Rule 22(3)(1)(i) that a senior citizen is also entitled to evict his son, daughter or legal heir from his property irrespective of whether it is an ancestral or self-acquired property........

The scope of the proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 as also the Rules is to grant protection to the parents, including with respect to their property.

The scope of this Act is not to punish the children and therefore, once it is established that the children have no right over the property of the parents, the fact that the parents do not wish to have their children staying with them is enough for invoking the Act and the Rules.....

A reading of the above judgments would clearly show that a senior citizen is merely to show that his property needs protection and need not necessarily have to show that he/she needs maintenance or has been ill-treated by the son or other legal heir.

In any case, nature of possession of the petitioner(s) being that of a licencee and there admittedly being a series of litigations between them and the respondent nos.2 and 3 herein, the order of eviction cannot be faulted".

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2. Dr. Ashwani Kumar Vs. Union of India [Writ Petition (C) No. 193 of 2016]

Citation :?2018 Latest Caselaw 935 SC

Judgement Date :?Dec/2018

Landmark judgement recognizing the right to dignity, right to shelter, right to avail Medical facilities- Hon’ble?Supreme Court issued the following directions to Union of India:

Directions:

51. Taking note of the submissions made by the parties before us and while complimenting them for a spirited support of the rights of the elderly, we issue the following directions for the time being:

1. The Union of India will obtain necessary information from all the State Governments and the Union Territories about the number of old age homes in each district of the country and file a Status Report in this regard.

2. The Union of India will also obtain from all the State Governments the medical facilities and geriatric care facilities that are available to senior citizens in each district and file a Status Report in this regard.

3. On the basis of the information gathered by the Union of India as detailed in the Status Reports, a plan of action should be prepared for giving publicity to the provisions of the MWP Act and making senior citizens aware of the provisions of the said Act and the constitutional and statutory rights of senior citizens.

4. Section 30 of the MWP Act enables the Government of India to issue appropriate directions to the State Governments to carry out and execute the provisions of the MWP Act. The Central Government must exercise its power in this regard and issue appropriate directions to the State Governments for the effective implementation of the provisions of the MWP Act. Alongside this, the Central Government must, in terms of Section 31 of the MWP Act, conduct a review for purposes of monitoring the progress in implementation of the MWP Act by the State Governments.

5. Some of the schemes referred to hereinabove are comparatively dated. It is high time that the Government of India has a relook at these schemes and perhaps overhaul them with a view to bring about convergence and avoid multiplicity. In particular, the Government of India and the State Governments must revisit the grant of pension to the elderly so that it is more realistic. Of course, this would depend upon the availability of finances and the economic capacity of the Government of India and the State Governments.

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3.On the same aforesaid Petition the Hon’ble Supreme court issued following Directions during pandemic:

1.????????The Supreme Court on directed the States to provide care, support and priority medical treatment for senior citizens, especially those living alone or quarantined, amid the?pandemic.

2.????????A Bench led by Justice Ashok Bhushan ordered that the governments had to respond promptly to the needs of senior citizens and ensure that they did not suffer financially during COVID-19. The elderly should get their pension on time.

“All old-age people who are eligible for pension should be regularly paid pension and those identified older people, should be provided necessary medicines, masks, sanitisers and other essential goods by respective States. Further, as and when any individual request is made, the same shall be attended to by the administration with all promptness”, the court ordered.

3.The court said senior citizens should be given priority in government hospital admissions during the pandemic.

“Elderly people should be given priority in the admission in the government hospital looking to their vulnerability for COVID-19”, the court said.

4.????????Government hospitals should take care to promptly remedy any grievances voices by senior citizens during this health crisis.

“In event of any complaint made by the elderly people, the hospital administration concerned shall take immediate steps to remedy their grievances”, the court said.

5.????????The Bench directed that caregivers in old-age homes should wear personal protection equipment (PPE) and follow proper sanitation procedures.

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4. Daughter-in-law’s right to residence under DV Act versus right of in-laws to seek eviction under Senior Citizens Act, 2007| Here’s how SC solved the conundrum on these competing interests

Smt. S Vanitha Vs The Deputy Commissioner reported as Civil Appeal No. 3822 of 2020 (Arising out of SLP (C) No. 29760 of 2019)

Supreme Court: In a bid to harmonise the competing reliefs of a daughter-in-law and her in-laws under the Protection of Women from Domestic Violence Act 2005 and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, respectively, the 3-judge bench of Dr.?DY Chandrachud*, Indu Malhotra and Indira Banerjee, JJ has held that the Tribunal under the Senior Citizens Act, 2007 may have the authority to order an eviction, if it is necessary and expedient to ensure the maintenance and protection of the senior citizen or parent, however, the over-riding effect for remedies sought under the Senior Citizens Act 2007, cannot be interpreted to preclude all other competing remedies and protections that are sought to be conferred by the DV Act 2005. Justice Chandrachud, writing the judgment for the bench, said, “The law protecting the interest of senior citizens is intended to ensure that they are not left destitute, or at the mercy of their children or relatives. Equally, the purpose of the PWDV Act 2005 cannot be ignored by a sleight of statutory interpretation. Both sets of legislations have to be harmoniously construed.

Author:- Ms Anuradha Sharma, Adv

The author is a Human Rights Lawyer practicing in Delhi, with around 14 years of experience in representing clients in ?litigation, alternate dispute resolution and providing legal advisory, Anuradha has been instrumental in providing legal solutions effectively and handled banking, customs, consumer and Juveniles, related litigation and have represented clients before various judicial fora(s) including High Court and Supreme Court and also she is empaneled with DLSA (Delhi Legal Services Authority) and she is associated with various NGOs as Legal Counsel and have previously worked with Hazards centre, CEC, Deepalaya, etc at grass root levels.

The author is available for any Legal Assistance/consultancy work related to Senior Citizen.

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