Kevin Moses Paul
24 July 2021
As per your query, let me tell you that elder abuse is recognized as a continually increasing and serious problem in our society. Unfortunately, due to under-reporting, variations in the definition of elder abuse, and the absence of a nationwide uniform reporting system, it is difficult to determine the scope of this issue.
A law that protects senior citizens from abuse and abandonment - the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
The Act was enacted "to provide for more effective provisions for the maintenance and welfare of parents and senior citizens, guaranteed and recognized under the Constitution and for matters connected therewith or incidental thereto."
Moreover, childless senior citizens can also demand maintenance from a "relative" who is the legal heir of the former and is in possession or will inherit their property after their death.
The Maintenance of Parents Act (2007), was amended twice, first in 2013 and then in 2018. The original Act directed that the sons have a legal obligation towards taking care of their parents. After an amendment in 2013, the parents could complain against them and the sons could be held legally for not supporting their parents. In the amendment of 2018, daughters and sons-in-law were also held responsible for supporting their parents.
The National Center on Elder Abuse distinguishes between seven different types of elder abuse.
These include physical abuse, s*xual abuse, emotional abuse, financial/material exploitation, neglect, abandonment, and self-neglect.
Physical abuse - Use of physical force that may result in bodily injury, physical pain, or impairment,
Sexual abuse - Non-consensual s*xual contact of any kind with an elderly person,
Emotional Abuse -Infliction of anguish, pain, or distress through verbal or non-verbal acts,
Financial/material exploitation - Illegal or improper use of an elder’s funds, property, or assets,
Neglect - Refusal, or failure, to fulfill any part of a person’s obligations or duties to an elderly person,
Abandonment - Desertion of an elderly person by an individual who has physical custody of the elder or by a person who has assumed responsibility for providing care to the elder, and
Self-neglect - Behaviors of an elderly person that threaten the elder’s health or safety.
The most important thing is that in case a senior is hurt and reports an admissible offence, an assault or an injury to the police station, the cops must register an FIR and investigate whether the report is genuine and gauge the intensity of the complaint.
Thus, rather than merely calling police for help on daily basis/event basis it's better that your parents institute a FIR against their son as well as daughter-in-law for all the abuse they committ upon the elderly couple.
Hope It Helps
Regards
Kevin M. Paul
