Crime and abuse against senior citizens and its legal aspects

1. Introduction
- The issue of elder mistreatment is garnering the attention of the law enforcement

2. Concept of Welfare Of Labor

3. Article 41

4. Sec 20 of the Hindu Adoption and Maintenance Act, 1956.

5. Sec. 125 of the Code of Criminal Procedure in 1973.

6. Maintenance And Welfare of Parents and Senior Citizens Act,2007

 The issue of elder mistreatment is garnering the attention of the law enforcement. Abuse of the elderly may take place in a variety of forms, such as physical, sexual, emotional and financial. Neglecting an elder is a form of abuse that should be reported.

Education is one of the most important elements in preventing future abuse. The issue is complicated by the fact that many elders choose not to pursue legal redress because of the stress of being a witness, or out of shame, or simply because of ill health. As a consequence, elder abuse is largely under-reported. One way to bridge the gap between criminal justice and elder abuse is better training of frontline police officers. Social service agencies agree that a closer focus by law enforcement agencies on the problem is crucial, particularly with the establishment of specialized investigative units that can lead to prosecution. Attention by the media is crucial. Retirement homes may be a good solution for old people who have no family.

 The law has provided the senior citizens with special provisions so that they will get a better status in our society.

In the Constitution of India, entry 24 in list III of schedule VII deals with the "Welfare of Labor, including conditions of work, provident funds, liability for workmen's compensation, invalidity and old age pension and maternity benefits. Further, Article 41 of Directive Principles of State Policy has particular relevance to Old Age Social Security. Item No. 9 of the State List and item 20, 23 and 24 of Concurrent List relates to old age pension, social security and social insurance, and economic and social planning. Article 41 of Indian Constitution deals with the State's role in providing social security to the aged.

There were some international efforts taken. In 1992, the U.N. General Assembly adopted the proclamation to observe the year 1999 as he International Year of the Older Persons.  The U.N. General Assembly has declared “1st October” as the International Day for the Elderly..

Under Personal Laws the moral duty to maintain parents is recognized by all people. Amongst the Hindus, the obligation of sons to maintain their aged parents, who were not able to maintain themselves out of their own earning and property, was recognized even in early texts. The statutory provision for maintenance of parents under Hindu personal law is contained in Sec 20 of the Hindu Adoption and Maintenance Act, 1956. Under Muslim personal law even according to Mulla, Children in easy circumstances are bound to maintain their poor parents, although the latter may be able to earn something for themselves. The provision, however, was introduced for the first time in Sec. 125 of the Code of Criminal Procedure in 1973. It is important to note that CrPC 1973, is a secular law and governs persons belonging to all religions and communities. Daughters, including married daughters, also have a duty to maintain their parents.

Maintenance And Welfare of Parents and Senior Citizens Act,2007  has also been there to provide legal assistance and help to senior citizens of our Country.

 The Government of India approved the National Policy for Older Persons on January 13, 1999 in order to accelerate welfare measures and empowering the elderly in ways beneficial for them. These schemes and policies are meant to promote the health, well-being and independence of senior citizens around the country. The main objective of this policy is to make older people fully independent citizens.

The Integrated Programme for Older Persons (External website that opens in a new window) is a scheme that provides financial assistance up to 90 per cent of the project cost to non-governmental organizations or NGOs as on March 31, 2007.

Another programme of the government is the Scheme of Assistance to Panchayati Raj Institutions(External website that opens in a new window) voluntary organizations and self help groups for the construction of old age homes and multi service centers for older persons This scheme provides a onetime construction grant.

Central Government Health Scheme  provides pensioners of central government offices the facility to obtain medicines for chronic ailments up to three months at a stretch

The National Mental Health Programme focuses on the needs of senior citizens who are affected with Alzheimer’s and other dementias, Parkinson’s disease, depression and psycho geriatric disorders.

The Ministry of Justice and Empowerment has announced regarding the setting up of a National Council for Older Person, called age well Foundation. There are sensitization school children to live and work with the elderly. Jeevan Dhara Yojana, Jeevan Akshay Yojana, Senior Citizen Unit Yojana, Medical Insurance Yojana are the schemes started by LIC for the senior citizens. Prime Minister, A.B.Bajpai also launched ‘Annapurana Yojana’ for the benefit of aged persons. Under this Yojana unattended aged persons are being given 10 kg food for every month.

Older Persons should have the opportunity to work and determine when to leave the work force.  Older Persons should remain integrated in society and participate actively in the formulation of policies which effect their well-being.  Older Persons should have access to health care to help them maintain the optimum level of physical, mental and emotional well-being.  Older Persons should be able to pursue opportunities for the full development of their potential and have access to educational, cultural, spiritual and recreational resources of society.  Older Persons should be able to live in dignity and security and should be free from exploitation and mental and physical abuse.