Participants:

1. Shri DN Chapke,President, AISCCON, Navi Mumbai

2. Dr. Sugan Bhatia, Senior Vice President, AISCCON, Delhi
3. Shri Doraiswamy Rajasekharan, Vice President, AISCCON,
Chennai
4. Dr. TVS Rao, Sneh Sandhya, Vishakhapatam
5. Shri Haneefa Rawther, Vice President, AISCCON,
Thiruvananthpuram
6. Shri Bhanwar Seth, President, Rajasthan State Senior
Citizens' Federation, Udaipur
7. Dr. Amarjeet S.Khehra, Chairman, Punjab State Senior
Citizens' Federation, and, former Vice Chancellor, Punjab
Agricultural University, Mohali
8. Shri Satya Pal Karkara, IAS (retd.), President, Punjab State Senior
Citizens Federation, Ludhiana
9. Shri N. S. Jadon, Amrai Chaupal, Indore
10. Shri CP Deoras, Chhatisgarh

4 cover pages

National Consultation on
The Maintenance and Welfare of
Parents and Senior Citizens Act, 2007
Convened by the
Ministry of Social Justice & Empowerment
Government of India
Vigyan Bhavan, New Delhi
August 31, 2016

Edited by
Sugan Bhatia, Ph.D.

The All India Senior Citizens Confederation (AISCCON) is a national level organization
of senior citizens with affiliate Federation and Association members and individual members
numbering approximately 15 lakhs in various States and Union Territories in the country. It is
the largest organization of senior citizens; it devotes itself to networking, advocacy and
research on the issues concerning welfare and development of senior citizens with
governments both at the State and National levels and with the civil society organizations
engaged in similar activities. It also provides service activities including health care (Physiotherapy services, eye care services and other advisory services). It utilizes the modality of
Regional and National Conferences, Policy Dialogues through Consultations, Seminars and
Workshops on issues relating to financial, health, food and participation security as these
affect the lives of senior citizens.
The All India Senior Citizens Confederation (AISCCON) encourages its member organizations
to undertake networking, advocacy and research activities with Local Bodies of Selfgovernance, State Governments and Civil Society Organizations on issues concerning
welfare and development of senior citizens in their respective States. Senior Citizens
Organizations within each State/Union Territory organize service activities including
mobilization for services and benefits provided by State Governments and Civil Society
Organizations. These bodies also organize State level Conferences, Policy Dialogue
Consultations, Seminars and Workshops on issues relating to financial, health, food and
participation security as these affect the lives of senior citizens. The State level federations
have organized consultations on the issue of National Policy on Older Persons 1999. The
Kerala State Federation has organized a National Workshop on Palliative Care to familiarize
member associations with the processes involved in the launch and management of the
Palliative Care Programme in their regions.
India has nearly 10 per cent population of senior citizens in its more than 1.2 crores of total
population. All of them constitute active voters insofar they are the most regular and first at
the post of the voting constituents at the time of any elections. They thus represent a class
of voters who participate in the democratic process most actively and diligently. Most of
them are aware of the significance that various political parties attach to the development
concerns of the country in general and of the senior citizens in particular.
Both the AISCCON and its State level Federations ensure that the political process in the
country takes considerable interest in the rights and welfare of the various vulnerable
groups of our population in general, and of senior citizens in particular. These organizations
work towards ensuring that the political process incorporates following concerns as a
measure of priority: Promote greater empathy in the Indian family about the need to take all
steps to facilitate inter-generational solidarity and bonding within the family, encourage the
family to strengthen practices that facilitate ageing-in-place, and share some very
meaningful roles for the senior citizen members in their families.
(i) integrate a rights perspective outlined in Article 21 of the Constitution of India detailing
the Right to Life with dignity (through Amendment to the Constitution of India as Article 21B) to the challenges facing the senior citizens along with the welfare perspective outlined
in Article 41 of the Constitution of India. This is in consonance with various Supreme Court
judgements that have enunciated a rights perspective in regard to right to health, shelter
and pensions. The rights perspective is also part of our commitment to various International
Conventions, Covenants and Declarations to which India is a signatory and hence a party to
such commitments and resolve.
(ii) promote a National Policy on Senior Citizens and respective State level Policy on Senior
Citizens in the spirit of our Federal Constitution with the Central Policy promoting Leadership
in Ideas, Personnel and Progrmmes and the State Policies promoting a policy framework

unique to the population of each State and providing for all services and benefits through
liberal Central Grants and through their own resources.
(iii) strengthen the formation and growth of senior citizens organizations in tribal, rural and
urban areas, both for female and male senior citizens organizations. We believe that
assumption of group identity by senior citizens in all places helps to project their common
challenges in personal, family, community, regional and national life.
(iv) support need for physical and social infrastructure for senior citizens in their own homes,
habitats in the community and in the local temples, markets and other places that they
frequent during their daily life. They thus need home modification practices within the family
home to make the bathroom safe, the bedroom comfortable and the dining room/family
courtyard hospitable to their presence. They want public places that they most commonly
frequent age-friendly with minimum or no barriers; they want places in public entertainment
to create some space which is a little less noisy and permitting peer group and intergenerational dialogue. They also want Senior Citizens Associations and Residents Welfare
Association to work for their health, well-being and safety and security.
(v) discourage dispossession, destitution and abandonment of senior citizens in the name of
religion, belief in phases of life that lead to abandonment, or forced shelter in Old Age
Homes and Senior Citizens Ashrams. The Indian Family needs support in the form of
Geriatric Education and Awareness, social protection in the form of Pensions linked to costof-living with a minimum of Rs. 2,000/- per month, tax free Pension to employees in the
organised sector, facilitated diagnosis of their health problems at the Day Care Centres,
organized facilities for diagnosis and treatment of Dementia/Alzheimers at the Day Care
Centres, Respite Care at the Day Care Centres, full and part subsidy in group health care
insurance, enhanced concessions in taxation policies, reverse mortgage facilities to those
owning any kind of property, and, their organized Associations. The Corporate Sector and
the State Agencies, both in the State Governments and the Central Government should find
resources to support such programmes. The senior citizens who face destitution and
abandonment, particularly women abandoned by their own husbands and other family
members and left alone to carry the responsibility of nurturing their families, deserve
support from the community, the corporate sector and the various Government Agencies to
provide adequate shelter and survival with dignity facilities.
(vi) plan an early introduction of the National Mental Health Prorgramme with early diagnosis
of Dementia, practice of social therapies for Dementia Care, and establishing Dementia Care
facilities at the level of the Day Care Centres, apart from the other dedicated institutions. In
fact, there is need to expand diagnosis and treatment facilities for health challenges faced
by senior citizens in the form of Mobility Deficit, Cognitive Deficit, and Visual Deficit.
(vii) support the speedier implementation of the Maintenance and Welfare of Parents and
Senior Citizens Act, 2007 through measures that aim to create wider awareness concerning
the legislation and its implementation. We would like to see an annual progress report both
from the Centre and the States in regard to the steps taken to enforce this law universally.
(viii) Pledge by senior citizens to commit themselves, on their part, to work for a senior
citizens movement that offers its mentoring services to the younger segments of the Indian
population to find remunerative occupations, utilize their energies in the better
implementation of welfare laws in the country, and join in a strong and vibrant citizenship
movement in a democratic society. We also commit ourselves to more vibrant and active
participation of the senior citizens in the democratic process; we assure the country that the
senior citizens would be the first to reach the polling booths as part of their celebration of
the democratic process and as an expression of strong and serious concern for better
governance mechanisms.

Outer cover page

Publications of the Organization:

1. Protection of Life and Property of Senior Citizens in India. 2008.
2. Assistive Technologies for Senior Citizens in India. 2008.
3. Healthcare for Senior Citizens in India. Sugan Bhatia. 2010.
4. Assistive Technologies for Healthcare. 2010.
5. Older Women in India: Development Challenges. 2010.
6. Older Women and Technology. 2010.
7. Guidelines for Care Homes for Senior Citizens, August 2011.
8. Voice of the Elderly in India, 2011.
9. Old Age Homes: an Evaluation Study, 2012.
10. Strategies in Caregiving, 2014.
11. Challenges Faced by Senior Citizens: Need for separate Central and
State Policies for Senior Citizens, 2015.
12. Public Policy for Senior Citizens in the North-eastern States in India,
2016.
13. Caregiving for the Elderly in India, 2016
14. Home, Community and Institution - Caregiving Locales for the Elderly
in India, 2016
15. Constitutional, Legislative and Programme Frameworks for Senior
Citizens in India, 2016

All India Senior Citizens Confederation (AISCCON), Jyeshtha Nagrik Bhavan,

Plot 7/C, Sector 12, Nerul, Navi Mumbai 400706

Foreword
The 15th AISCCON Annual Conference on the subject of Home,
Community and Institution: Caregiving Locales for the Elderly in
India, held on March 6-7, 2016 at Panjim, Goa, had resolved to dedicate the
16th AISCCON Annual Conference to a consideration of the theme of The
Maintenance and Welfare of the Parents and Senior Citizens Act,
2007: Review of Decadal Experiences. The AISCCON Central Council
decided, in its meeting held on March 5, 2016 to organize Regional
Conferences, in different regions of the country, to assimilate senior
citizens perceptions on the subject.
A number of activities have been organized since then. A meeting of the
Executive Committee of AISCCON, organized by the Madhya Pradesh
State Senior Citizens Federation, was held on May 29, 2016 at Indore,
Madhya Pradesh. The opportunity provided by the event was utilized to
organize an interaction on the developments in regard to the enforcement
of The Maintenance and Welfare of Parents and Senior Citiznns Act,
2007 in Madhya Pradesh. The Senior Citizens Service Council,
Thiruvananthpuram, Kerala, organized the first Regional Conference on
July 4-5, 2016. The Nepal Senior Citizens Forum (NASIF) organized a
South Asia Senior Citizen's Workshop on the theme of Uniting the
Senior Citizens of South Asia: Securing their Rights on July 11-12,
2016 in Kathmandu, Nepal. This meeting organized with the active support of
the Ministry of Women, Children and Social Welfare, Government of
Nepal, had the benefit of participation of delegates from Afghanistan,
Bangladesh, Bhutan, India, Nepal and Sri Lanka. The Indian delegates
made a presentation, at this meeting, on the subject of Constitutional,
Legislative and Programme Frameworks for Senior Citizens Welfare
and Development in India. The Rajasthan State Senior Citizens
Federation organized the second Regional Conference on the subject on
July 29-30, 2016 at Udaipur, India. The Federation of Senior Citizens
Organizations of Maharashtra (FESCOM) organized the third Regional
Conference on the subject on August 26-27, 2016 on the subject.
The three Regional Conferences held so far have provided AISCCON a
framework for review on the subject to be finalized at the 16th AISCCON
Annual Conference on the subject on November 23-24, 2016 at Tirupati,
Andhra Pradesh, which incidentally will attract participation of colleagues
from the SAARC countries including Afghanistan, Bangladesh,
Bhutan, Maldives, Nepal, and Sri Lanka. The subject forms an important
part of senior citizens welfare and development framework in Bangladesh,
Nepal and Sri Lanka, apart from India; the Tirupati Conference will thus have
the benefit of sharing experiences of the enforcement of the legislation on
the subject that places the responsibility of supporting maintenance parents
7

and senior citizens on their children and other relatives. It would also provide
an opportunity for interaction on how parents and senior citizens, who have
no children and other relatives to support them, and, have no property from
which their children and other relatives can gain in future, are being
supported. The State should obviously establish systems of support in the
form of Welfare Funds; the State in each of these countries should assume
the role of the caring Mother for such parents and senior citizens.
Prof. NR Madhava Menon, in his keynote address at the
Thiruvananthpuram Regional Conference, raised the most critical issue
by approaching the subject in terms of sensible policies in the event of
abandonment of parents by their children and other relatives: The
Government should consider more sensible policies to achieve the
fundamental intent of the Act, i.e. that children support their
parents and senior citizens: for example, given the increased life
expectancy today, is it necessary to retire people at the age of 55 or 60?
Subject to health and efficiency, cannot the retirement age be uniformly
fixed at 65 across Central and State Governments? Instead of sending erring
children to jail, cannot the Government think of incentivizing the families
that care for the elderly at home by providing tax incentives and wherever
necessary even extending subsidized nursing or caregiving services? This is
all the more necessary in cases of senior citizens who suffer from locomotive
disability and other mental health challenges. There is also need to
incentivize doctors, nurses and professionally trained caregivers in this
regard.
We hope that the National Consultation being convened by the Ministry of
Social Justice & Empowerment, Government of India, on August 31, 2016 at
Vigyan Bhavan, New Delhi, will devote some time to these thoughts while
reviewing The Maintenance and Welfare of Parents and Senior Citizens Act,
2007.
DN Chapke
President
All India Senior Citizens Confederation (AISCCON)

AISCCON Regional Conferences on

The Maintenance and Welfare of Parents and Senior
Citizens Act, 2007:
Review of Decadal Experiences
Organized by

Senior Citizens Service Council, Thiruvananthpuram

July 4-5, 2016

Rajasthan State Senior Citizens Federation, Udaipur

July 29-30, 2016

Federation of Senior Citizens Organizations of

Maharashtra (FESCOM), Navi Mumbai
August 26-27, 2016

AISCCON Declaration
Preamble
Recognizing the breakdown of the joint family, social isolation and
loneliness adding to the miseries of the senior citizens in India;
Taking note of the increasing reports of financial deprivation, property
grabbing, abandonment, verbal assault, emotional attack and ill-treatment
seriously jeopardizing the physical and mental health of the elderly persons;
Keeping in view that the need for health care increases with advancing age
and that the elderly spend a large part of their income for medical
expenditure, with the public health care system remaining inefficient in many
places, people spend their life savings on the unregulated, expensive private
health sector leading them to poverty and suffering;
Being aware of the guaranteed fundamental rights enunciated in the Indian
Constitution that promise every citizen, including senior citizens, a life with
dignity and justice;
Encouraged by fact that the right to move the highest court in the country
for the enforcement of basic human rights is itself a guaranteed right (Article
32); though not in the nature of a judicially enforceable right, the Directive
Principles of State Policy are declared fundamental in the governance of the
country binding on all three wings of the State (Article 37); one of the
Directive Principle mandates the State to make effective provision for
securing .. right to public assistance in cases of unemployment, old age,
sickness and disablement and other similar cases (Article 41);

Recognizing that the Constitution of India envisages a federal system, the

Directive Principles are addressed to all three levels of government Union,
State and Local government; co-operative federalism based on the principle
of subsidiarity is said to be the approach of the Government in this regard;
therefore the legislative authority to make laws and policies for the welfare
of senior citizens is left in List III, the Concurrent List of the Constitution.
Items 23 and 24 of the Concurrent List relate to social security, old age
pensions etc. wherein both the Union and the State can legislate; the
Constitution therefore has a definite scheme for the welfare of the elderly
which the State is supposed to operationalize by making appropriate laws as
per the Directive in Article 37;
Taking note of the fact that the Central Government formulated and
announced a National Policy on Older Persons in 1999 that promised
government support to ensure financial and food security, health care,
shelter and other needs of older persons;
Taking note also of the enactment of The Maintenance and Welfare of
Parents and Senior Citizens Act, 2007 and working toward making this
law a progressive piece of legislation based on good intentions to provide for
maintenance needs and welfare of parents and senior citizens; the Act
reinforces the traditional principle that it is the duty of children to maintain
their parents and it is made a statutory right of parents which right can now
be enforced through special Tribunals set up under the Act; childless senior
citizens can claim this right from relative who is legal heir and who is in
possession of or would inherit his property after his death; if the senior
citizen has transferred his property to son, daughter or relative by will or gift,
he can get it cancelled by applying to the Tribunal if he or she neglects to
provide maintenance; which the Tribunal can fix the quantum of
maintenance allowance, the Act fixes the maximum at Rs.10,000 per month;
if parents are abandoned by one who has duty to take care, the act is
punishable with imprisonment up to 3 months or fine of Rs.5,000 or both;
Taking further note of the fact that the Act does not say how to deal with
children who are themselves indigent thereby leaving the issue to the
Tribunal to decide;
Hoping that the indigent senior citizens will be supported by the State
Governments by establishing Old Age Homes, one in each district with
capacity to accommodate 150 persons; the Act also expects the State
Government to prescribe a scheme for management of old age homes
including standards for various types of services to be provided in terms of
food, clothing, medical care, entertainment etc.; and that the Central
Government has a scheme to give grant-in-aid to such homes;

10

Recognizing that the machinery for the implementation of the Act includes
Maintenance Officers, Conciliators, Tribunals, Appellate Tribunals and periodic
review by the Union Government; the Maintenance proceedings are
adjudicated exclusively by Tribunals set up by each State Government
presided over by officers not below the rank of Sub-Divisional Officer, and the
Appellate Tribunal has to be presided by officer of the rank of District
Magistrate;
Appreciating that the Act bars jurisdiction of civil courts and no injunction
can be granted against anything done or intended to be done under this Act;
to avoid cost and delay;
Appreciating further that appearance through lawyer is disallowed and if
senior citizen so desires, he can ask the Maintenance Officer to represent
him before the Tribunal; the Tribunal can act suo moto or on application by
senior citizen or through a voluntary organization registered under the
Societies Registration Act;
Realizing that the Tribunal has all powers of a civil court and can follow a
procedure as it deems fit; before hearing the petition, the Tribunal on its
discretion may refer the matter to a Conciliation Officer for arriving at an
amicable settlement;
Noting that the Tribunal has the right to designate the Conciliation Officer,
who can either be from the Department of Social Welfare or a known and
accredited voluntary organization of the area;
Recognizing that the Order for maintenance given by Tribunal has to be
complied within one month failing which penal consequences will follow; the
Order is enforceable by any Tribunal in any place where the person against
whom it is made lives; Appeal to the Appellate Tribunal has to be filed within
60 days;
Noting that the Act obligates the State Government to ensure that
Government hospitals and those funded by Government provide beds for
senior citizens, arrange separate Queues for them in the OPD, provide for
special treatment by experienced geriatric medical personnel, etc.;
Noting further that the State Government is also obliged to have a
comprehensive Action Plan for protection of life and property of senior
citizens;
Appreciating that the provisions of the Act are to be given wide publicity
and all concerned government officials (including Health Department, Social
Welfare and Police Department) and Tribunal members are to be given
periodic awareness training on the issues relating to this Act;
11

Recognizing that Institutions do not get established automatically when

Rules are notified. It requires again executive action and budgetary
allocation which are being indefinitely delayed by the State Governments.
When that finally happens, the personnel are not recruited or appointed or
designated speedily. In short, the main legislation, however progressive,
does not reflect the reality on the ground.
Showing special interest in the fact that it is open to the Central
Government to make periodic review and monitor the progress of
implementation of the Act by State Governments, the three Regional
Conference of Senior Citizens Organizations from Tamil Nadu, Puducherry,
Andhra Pradesh, Telengana, Karnataka, Rajasthan, Punjab, Uttar Pradesh,
Madhya Pradesh, Maharashtra, Goa, Chhatisgarh, and Bihar, having
deliberated upon its various aspects, hereby adopt the AISCCON Declaration
as per following details in two parts: (i) action to be initiated through
changes in the Rules for the Act in each state, or, amendments to the Act,
and (ii) administrative action to be initiated either by the Central
Government or each State Government:
A. Action to formulate and effect changes in Rules or to effect
amendments in the Act.
1. The AISCCON Declaration would like to, at the very outset, reiterate that
advocates must not be permitted to appear or intervene in Maintenance
matters either at the level of the Maintenance Tribunal or at the level of the
Appellate Tribunal since such matters concern only the family members and
are first sought to be settled through a process of conciliation. Such matters,
keeping in view the indigent state of parents and senior citizens, need to be
settled at no cost to them and with an element of economy in terms of time
taken to settle the dispute. The Statement of Objects and Reasons of the Act
reads:- Hence there is a need to have simple, inexpensive and speedy
provisions to claim maintenance for parents. These basic objects of the Act
will be defeated if advocates are allowed to appear in these proceedings. The
orders passed by Punjab and Haryana High Court, Madras High Court and
Kerala High Court citing provisions of the Advocates Act do not consider the
matter to be a case of rights of advocates, but a matter of choice for parties
to the family dispute. The country is in the process of evolving a system of
dispute adjudication for disputes that are within the family and that concern
one of the parties that are indigent. The analogy of the matters coming up
before the Family Courts needs to be utilized as a model in such cases. It is
unlikely that Honble Supreme Court will set aside these judgments which are
based on the principle that in case of conflict between two legal provisions,

12

that enacted/enforced later in date will prevail. Therefore the Central

Government has the option of issuing an ordinance.
2. The Act is not self-executing and the executive has to frame Rules to
activate it. Rules are to be made by State Governments and they vary in
scope and effectiveness. Rules to the Act are needed in the following four
aspects also, in addition to the existing provisions. (i) Many states have
delayed formulation of Rules; others have made Rules partially relating to
Tribunals only deferring those on Old Age Homes and Action Plans for
protection of life and property of senior citizens. (ii) The function of
conciliation as mandated in the Act needs to be clearly spelt out in a manner
that the Tribunal in the area takes the decision in regard to the person or
organization that will facilitate necessary conciliation prior to adjudication of
the matter in the Tribunals. The designated Conciliation Officer should either
be from the Department of the Social Welfare or from an accredited and wellknown NGO in the area. (iii) There is no machinery to ensure that the
decisions of the Tribunals have been implemented and the petitioners got
their due or to monitor the decisions. Two outcomes are possible in this
situation. Either the defendant could drag on the payment or he/she could
stop payment after some time. Bringing this to the notice of the Tribunal and
getting justice will be a time consuming process and the old person will not
have time to wait. The Tribunal also will not find time to go over the case and
book the delinquent for non-compliance of the Order. Hence there should be
a statutory body to monitor the decisions and take quick steps. A much
better way which may be considered for quicker disposal of maintenance
cases and appeals and also for ensuring timely payment of maintenance is to
increase number of Maintenance Tribunals and Appellate Tribunals. In Rule 2
relating to Definitions in Haryana Rules it is mentioned that District
Magistrate and Collector includes Additional District Magistrate and Sub
Divisional Magistrate includes Additional Sub Divisional Magistrate. This
makes it possible in Haryana to designate Additional District Magistrates as
Presiding Officers of Appellate Tribunals and State Civil Service officers in the
district other than Sub Divisional Magistrates as Additional Sub Divisional
Magistrates and Maintenance Tribunals. (iv) The Maintenance Tribunals must
be multi-member tribunals with the SDM / RDO as the Chairperson and two
senior citizens, one a member of a reputed NGO engaged in the welfare of
the senior citizens and other a reputed senior citizen social worker
(preferably one Male and one Female) as the members of the Tribunal. It
would be possible for multi-member tribunal to be sensitive to the problems
faced by parents or senior citizens. The Central Government may
circulate Model Rules incorporating AISCCON suggestions regarding
multi member Tribunals and other points to the states relating to
formulation of Rules where not done so far and amendment of
existing Rules to conform to the Model Rules. This will help in
bringing uniformity in the Rules of various states.
13

3. The children/ relatives should be given the right of appeal against the
orders of the Maintenance Tribunals at the level of the Appellate Tribunals as
a matter of following the principles of natural justice. In the absence of this
right, the aggrieved children/relatives approach High Court which results in
heavy expenses to both the parties, especially to the disadvantage of the
indigent parents, and delay in the final disposal of the case. In view of
observations of Honble Punjab and Haryana High Court, and the Honble
Madras High Court, Section 16 needs to be suitably amended.
4. Award for the Maintenance allowance should not have a maximum upper
limit of rupees 10,000 /- per month. Maintenance Tribunals should be free to
award any amount of maintenance allowance The Act will need to be
amended to the effect that factors for determining the quantum of the
maintenance allowance should keep in view the cost of basic necessities and
needs of parent for comfortable living according to his status and status,
income and paying capacity of the respondent child/children/ beneficiary
relative.
5. The compliance of the order of award of Maintenance Allowance to the
parent or senior citizen must be strictly enforced within a period of ninety
days of the filing of petition for grant of maintenance allowance under all
circumstances. It may be noted that Section 5 (4) provides for disposal of
proceedings within ninety days from the service of notice on child/relative
and not from date of filing of application. For making it ninety days from
filing of application, the Act will have to be amended. Way out is to ensure
use of all modern electronic and other means for service of notice on the
child/relative without any delay. Constant monitoring by superior authorities
is the key to timely disposal of maintenance applications. Another option
which will put pressure on the children/relatives to try for early decision of
the case is that in section 5(2) provision may be made that in case of nondisposal of the case within ninety days of filing of application, the Tribunal
must order payment of interim maintenance to the applicant. But this will
require amendment of the Act.
B. Points requiring Administrative Action:1. What is required is a movement to compel early implementation of the
States obligations under the Act which is part of the duty of the Central
Government under the Act. And when Central Government also fails in its
duty, citizens have no option but to approach the judiciary which is what
happened with Mr. Ashwini Kumars PIL now pending in Supreme Court. The
Court reportedly issued notice to Central Government and promised to act

14

against State Governments after finding what the Central Government had to
say in this regard.
2. The Government should consider more sensible policies to
achieve the fundamental intent of the Act, i.e. that children support
their parents and senior citizens: for example, given the increased life
expectancy today, is it necessary to retire people at the age of 55 or 60?
Subject to health and efficiency, cannot the retirement age be uniformly
fixed at 65 across Central and State Governments? Instead of sending erring
children to jail, cannot the Government think of incentivizing the families that
care for the elderly at home by providing tax incentives and wherever
necessary even extending subsidized nursing or caregiving services? This is
all the more necessary in cases of senior citizens who suffer from locomotive
disability and other mental health challenges. There is also need to
incentivize doctors, nurses and professionally trained caregivers in this
regard.
3. The Act does not address the needs of Senior Citizens who do not
have children or property. Relatives are liable to provide maintenance to
childless senior citizens. It is found that number of elderly persons are
abandoned by their families at places of pilgrimage after major festivals.
The Central Government must consider building old age homes for them in
association with Mutts, Temples and private charitable organizations. Or, like
Andhra Pradesh, resources available under Corporate Social Responsibility
are utilized for building old age homes in the Districts. The local bodies
should take an active role in the management of such homes. For the welfare
of indigent and abandoned senior citizens particularly in rural areas and
those who cannot benefit by the dry rations from public distribution system,
arrangements should be made to serve cooked meals once in a day through
identified restaurants. It can be part of the corporate social responsibility of
leading hotel chains. Tamil Nadu Government reportedly experimented with
such a scheme successfully in Kancheepuram where all the elderly destitute
who are starving got food throughout the year. Funds were mobilized
through sponsors and donors. To those disabled, food packets are delivered
at their homes by volunteers from the village. This is a remarkable success
story of public-private partnership in the cause of justice to elderly destitute
citizens. Both the Central Government and the State Governments must
establish Welfare Funds to address the needs of parents and senior citizens
who do not have children or property.
4. Even in Kerala where literacy is very high and media coverage is rather
very extensive, only around 30% of the stakeholders (the elderly) have any
knowledge of the Act and even they do not know the procedures for getting
justice. Awareness in the rural areas in the country is still lower. This is in
spite of the government claiming that it has made vast propaganda for the
Act. There are several reasons for this ignorance of the Act by the
15

stakeholders. A large number of the old are illiterate and hence their use of
the written media is limited; the Radio and TV are not within their reach in
view of the fact such media have rapidly become the preserve of the
younger generation. The younger generations are not interested in telling
the old about matters that will undermine their position vis--vis the old.
Even when claiming to be extensive, Governments propaganda reaches only
a select few among the actual stakeholders, particularly so in the rural areas.
Hence the number of older persons who need the protection of the Act will
be several times larger than the actual number whose cases have been
registered in the Tribunals. Administrative support plans are required to
enhance awareness levels concerning the provisions of the Act through both
traditional forms of communication including Street Performances, Jathas,
Comics, etc., and through media including television, radio and print media
and other publicity means in the dialect of the people.
5. Each state must constitute both at the State and District Level Senior
Citizens Council/Committee to ensure effective implementation of the Act
and preparation/ follow up of projects for Old Age Homes, Multi-purpose
Senior Citizens Centres, and health care and Action Plan for protection of life
and property of senior citizens at the state and district levels . The State
Council must meet at least once every six months and District Committees
must meet at least once every quarter to monitor implementation of the Act
and perform other duties mentioned herein. Effective monitoring at Central
level should also be ensured both administratively and by holding half yearly
meetings of National Council for Senior Citizens under the chairmanship of
Minister for Social Justice.
6. The District Magistrate/Collector, SDM/RDO, Health officials, Managers of
old age homes and police officials must be given sensitization and awareness
training about the issues relating to the Act and its provisions through
regular training programmes. District Magistrates/Collectors and SDMs/RDOs
in particular should be given thorough training in the provisions of the Act
and procedure to be followed in maintenance cases and appeals.
7. Each state must ensure incorporation of a Revocation clause in the
registeration deed for transfer of property by parent/senior citizen by gift or
otherwise in favour of child/children/relative in lieu of providing him his basic
amenities and needs so that the property can go back to the parent or senior
citizen if basic amenities and needs are not provided to him.
8. Projects / Action Plans for old age homes. health care services, and
protection of life and property may be prepared at district level and
submitted to the State Government for providing funds for the same.
National Programme for Health Care of the Elderly should be extended to all
the districts of the country.
16

9. Welfare of Senior Citizens is concurrent responsibility of the Central

Government and the State Governments. Central Govt. has better financial
resources. Therefore it must provide to all State Govts. sufficient funds for
implementation of the Act including staff and infrastructure for Appellate and
Maintenance Tribunals, publicity and awareness programmes; training and
sensitization programmes for officials and welfare rojects like Old Age Homes
and provision of Medical Care for senior citizens.
10. Old age pension for poor senior citizens must be linked to Consumer
Price Index and revised annually.
11. The state governments should provide Free Generic Medicines and
essential medical items (sensors, stents, etc.) at all government hospitals
through a state network of procurement of such medicines as has been done
by both Tamil Nadu and Kerala. A scheme of free diagnostics for senior
citizens should be started all over the country on the lines of the scheme
implemented by the Rajasthan government. A 24-hour helpline service for
reaching emergency aid including medical assistance will go a long way to
enhance the welfare of senior citizens.
12. Every major city has now Senior Citizens Associations which keep the
elderly engaged in a variety of activities, including activities supporting
Active Ageing. Many of them are retired professionals, civil servants and
defense services personnel who can contribute a lot to society and sincerely
desire to do so free of cost. Governments in their Action Plans under the
MPSCW Act must devise ways in which they can be usefully engaged in the
welfare programmes so long as they are healthy and willing. They can offer
useful inputs in District Planning under local self-government, render services
in implementing the Right to Education Act, act as tourist guides and help in
law enforcement. This will give senior citizens the feeling of social relevance
and help them to live healthier and longer.
13. In States like Kerala and Karnataka where Panchayat Raj is functioning
reasonably well, Government must consider vesting the administration of the
MPSCW Act to Panchayats and Municipalities. Tribunals can function for a
cluster of Gram Sabhas in a given area. It will be mutually beneficial and
ensure some degree of accountability on both sides. The State of Andhra
Pradesh has decentralized payment of Old Age Pension at the Mandal level
and has encouraged its monitoring at the level of the Panchayats through
use of electronic tablets to ensure complete transparency.
14. The Southern States have significantly achieved the various advances
largely on account of high rates of literacy, high rate of social mobilization
among senior citizens through their Associations, and, separate state-level
Policies for Senior Citizens based on their socio-demographic situations,
17

which encourage citizens to keep a watch on actions of the state and

facilitate timely execution of plans shared with all the stakeholders. Citizens
contribute to the process of monitoring of all such policies and plans.
Administrative support action is required to facilitate all the three factors that
ensure an effective role by senior citizens as critical stakeholders in the
Policies.

18

Senior Citizens Welfare and Development

The Indian Scenario
Sugan Bhatia, Ph.D.
President, Indian University Association for Continuing Education
Senior Vice President & Chairman, Research & International
Relations Committee, AISCCON
Member, Core Group on the Elderly, National Human Rights
Commission
Member, Working Group, South Asia Senior Citizens Forum
The Demographic and Social Situation
As per Census 2011, the population of senior citizens in the country has
increased from 7.7 crore (7.5%) in 2001 to 10.36 crore in 2011, which is 8.6
percent of the total population. The older persons are not a single
homogeneous group; the Census of India views them, for example, in three
distinct age groups

young old (60-69 years),

old-old (70-79 years), and the
Oldest-old (80+ years).

Within each group, the size of its composition in terms of sex, geographic
background, social systems, literacy/education/technical education levels,
and the extent of resilience to cope with imagined or real risks, could cause a
change in the extent of their vulnerability.
Women form majority of population ageing; they are more vulnerable,
more likely to lack modern work skills, more likely to lack income security,
and more likely to be widowed. The males among the last two age groups of
older persons accounted for 22.75 million; the females were around 26.37
million. This figure is expected to increase by the year 2026 to 71.90 million
(with males accounting for 34.17 million and the females around 37.73
million). Kerala represents and will continue to represent both the
phenomena of dramatic population ageing and the feminization of ageing.
Unfortunately, development policy planning processes have not shown
adequate sensitivity to strengthening the capacity of the older women to
negotiate their social well-being within their family, clan, neighbourhood, and
community. India has been witness to significant development policy action
in terms of integration of a gender perspective, supported by a very
meaningful monitoring instrument in the form of gender budgeting;
however, policy perspectives and monitoring instruments have not been
assimilated by planners in the area of ageing.

19

The state of Kerala has the highest percentage of the elderly (11 percent of
its population) as of 2001; it is expected to go up to 18 percent by the year 2026. It
could be said that by the year 2026 every sixth person in the state of Kerala would
be in the category of the elderly. Among the 35 states and union territories in

India, Kerala has registered the highest proportion of elderly. The aged in
Kerala constitute 11% of the population. Between 1961 and 1991, there has
been 160% increase in the population of older adults, the majority of them
being women. Their population, which was 9% in 1991, is expected to
increase to 37% by 2051. The state of Uttar Pradesh represents the other

extreme with the elderly representing 6 percent of the total population in

the year 2001; it is, however, expected to go up to 10 percent by the year 2026.

A Times of India (February 12, 2012) report on the Union Health Ministrys
estimates on Health Problems in the Elderly paints a very alarming picture
of the mental health of the senior citizens in India:
--- one in every four among Indias elderly population is depressed,
and one in three suffers from arthritis, while one in five cannot hear.
While one in three suffers from hypertension in rural India and one in two in
urban areas, almost half have poor vision. Around one in 10 experiences a
fall that results in a fracture, while two in five are anemic. One in 10 in rural
India and two in five in urban areas suffer from diabetes, with nearly 31%
suffering from bowel disorders.
The Context of the Social Policy in Federal India
While social policy will respond through societal obligations to caring for the
countrys older citizens, it will also view them as active citizens capable of
augmenting their own learning so that they can face challenges in their life
through their own resources. They can economically contribute to the
society through their so-far-unpaid roles in caring and mentoring the
youth. The challenges in their lives are well identified about their health,
their economic capacities and resources, their right to live in an intergenerational environment, and their right to participate in the decisionmaking processes at all levels. The country will have to simultaneously
provide quality education and skills training to the younger citizens so that
they have enough income to care for their older members, after meeting
their obligations for the young ones that constitute their own families. In
addition to sufficient income, the younger members should have sufficient
education to understand the various needs of the older members in their
families.
The Constitution of India has included social security among the
attainable goals in the Directive Principles of State Policy; though not in the
nature of a judicially enforceable right, the Directive Principles of State Policy
are declared fundamental in the governance of the country binding on all
three wings of the State (Article 37). Article 38(1) stipulates efforts to
20

securing social, economic and political justice and elimination of

inequalities. Article 39 abd (f) envisage adequate means of livelihood and
prevent exploitation of children. Article 41 spells out state efforts, within the
limits of iis economic capacity and development to make effective provision
for public assistance to those affected by unemployment, old age, sickness
and disablement and in other cases of undeserved want. Article 42 seeks
provision for maternity relief. Article 43 speaks of ensuring a living wage
and decent standard of life for workers. Article 47 seeks attention to the
need for raising the level of nutrition and improvement of public health, The
Seventh Schedule of the Constitution of India speaks of subjects that are the
concurrent responsibility of the Central and State Governments; entry 23
concerns social security and social insurance and entry 24 incorporates
welfare of labour including conditions of work, provident funds, liabililty of
workman compensation including old age age pensions and maernity
benefits. The vision of social security spelt through these provision is thus
fairly comprehensive; the Constitution of India therefore has a definite
scheme for the welfare of the elderly which the State is supposed to
operationalize by making appropriate laws as per the Directive in Article 37.
The Central Government came forward, after the initiation of economic
reforms in the early 1990s to widen the scope of social assistance; it took up
programmes of old age pension, family benefit and maternity benefit with an
all-India coverage.
The National Policy on Older Persons was announced by the Ministry of
Social Justice & Empowerment, Government of India, in 1999. It is a
social Policy statement delineating the Government of Indias vision of the
phenomenon of ageing and of the kind of welfare and development
responses to the lives of older persons in India. Bhargava (2013)
outlines the central concerns in the Policy in the following words:
The Government of India recognizes the implications of the demographic
ageing of population both at the macro and also at the household level. The
Government have been taking various initiatives to ensure that the process
of ageing for the people is both active and productive. Accordingly, the
Government of India announced the National Policy on Older Persons
(NPOP), 1999 in January 1999. The Policy envisages support for the elderly
to ensure financial and food security, health care, shelter, protection
against abuse and exploitation, and training of human resources for
their care and support, etc. The Policy also recognizes that older
persons, too, are a resource. Opportunities and facilities need to be provided
so that they can continue to contribute more effectively to the family, the
community and society. The Policy firmly believes in the empowerment of
older persons so that they can acquire better control over their lives and
participate in decision making on matters which affect them as well as on
other issues as equal partners in the development process.
21

The Policy 1999 has thus laid down principles, directions, and needs of
older persons, and, indicated the range of actors that will be involved in
its implementation. Alongside being a statement of intent, the Policy thus
spells out the range of implementation possibilities through
Government institutions, Non-Government institutions and
individuals the older persons themselves.
The National Policy on Older Persons 1999 cherishes the following principles:

Older persons live in an age-integrated society where all age-groups

live within the framework of a family with intergenerational
bonds;
Socio-cultural, economic and physical barriers will need to be removed
and services and benefits for the older persons will need to be made
client-oriented and user-friendly.
Persons living in rural areas, and a majority live in rural areas, will need
special attention and resources;
Persons in the age group 80 years and above will need special social
services and other benefits; and
Women, and Widows, particularly those in the age group of 80 years
and above, will need special social services and other benefits.

The Policy 1999 tended to place the onus of implementing the spelt out directions
and needs of the older persons on the Central Government with the Ministry of
Social Justice & Empowerment as the Nodal Ministry and other linked Ministries.
The roles of the other governmental and non-governmental institutions were not
projected in quantum terms in the Policy 1999, though a reference to their
partnership was made. Despite a number of programmes and schemes in place
both through the efforts of the Nodal Ministry and other concerned Ministries and
Departments, the general impression that even the informed observers tended to
form was that not much was being done towards implementation of the Policy.
India has envisaged a federal Constitution wherein the functional and power
domains of the Centre and the States have been clearly delineated; in
certain domains, such division has, however, been ignored to point to a
concurrent role for social planning with again some division that tends to
assign the policy making and broad line of action to the Central Government
and an implementation role to the States with due consideration to the local
variables in terms of planning the programmes in the situation. Social
Security demands form part of the Concurrent List. The role of social and
economic planning was taken over by the Centre in the belief that it
could lay a sense of direction for the rest of the country and could provide
resources for the various ideas that were or could be shaped into policies and
programmes. The pre-dominantly one-party rule in most of the States
facilitated this emphasis in the early years following independence; the
22

questioning process started only with different parties assuming power in the
states through the electoral process.
The greater Central role in development governance has also been
necessitated by the various directions to the Government as contained in the
Chapter on Directive Principles of State Policy in Part IV of the
Constitution of India; it is aimed at minimizing inequalities in income
amongst States in key and common areas of development:
Directive Principles of State Policy of the Constitution of India (contained in
Part IV, Articles 36 to 50) should guide the policies of various wings of the
Government and act as an overriding philosophical basis. These require a
national effort in education, childhood care, health, unemployment
and old age, and for minimizing inequalities in income amongst States.
The federal polity in India stipulated a situation wherein a number of issues were
specifically State Government subjects (called the State List in the Constitution
of India) or are concurrently under both State and Central Governments (called
the Concurrent List in the Constitution of India). There was a significant
amount of regional variation on account of different geographies and customs and
on account of different parties in power in different States and at the Centre. The
Policy has thus been pursued at different levels of government i. e. Central or
State Governments or even Local Bodies of Self-Governance.
The 73rd and 74th Amendments to the Constitution of India assigned
further devolution of powers to the Local Self-Government Institutions in the
belief that development functions could be performed at the local level much
more efficiently and economically. Bagchi (2001) notes that the pressure
for greater devolution of powers from the Centre has increased with the
passage of the 73rd and 74th Amendments to the Constitution of India
leading to introduction of institutions of local self-governance:
With constitutional recognition of local governments, more powers and
responsibilities should be assigned to panchayats and municipalities. The key to
accountability in delivery of public services lies ultimately in this. Results achieved
in some states with decentralization are most encouraging.
What has not been actively factored into the Policy 1999 implementation
process is the potentially larger role of the State Government institutions;
several State Governments have announced their own Policies and
Programmes based on their own perception of the needs of senior citizens
within their own constituencies. The Governments of Madhya Pradesh,
Rajasthan, Gujarat, Goa, Haryana, Tamil Nadu, Andhra Pradesh, and Odisha
have announced one or more programmes meant to provide facilities under
Old Age Homes, Health Care, Free Distribution of Medicines, Free Diagnostics,
23

Shelter, Food Security, Day Care Centres, Pilgrimage tourism, Mobilization of

senior citizens, etc.
The Local Bodies of Self-governance (particularly the Municipalities) have also been
devoting considerable resources to the welfare of senior citizens as a result of 73rd
and 74th Amendments to the Constitution of India. The Municipalities in the urban
areas in particular have been contributing a great deal to the provision of the Day
Care Centres and other activities within the area of their jurisdiction. In fact, the
Mumbai Municipal Corporation has announced a Policy for its Senior Citizens with a
dedicated set of programmes implemented within the Municipal jurisdiction.
The Federal dimension of the Constitution of India thus needs to be factored
in for a better and richer articulation process for the Policy. India must move
towards a more democratic meaning of the term Federalism by restricting
the Central or National roles to laying down larger policy and legislative
guidelines and frameworks; it would then be possible to encourage more
creativity at state- and district-levels in terms of incorporation of regional
and local requirements in policy formulation and total freedom to plan
programming.
Table I
State-wise Status of Separate Policies for Senior Citizens
Name of State

Separate Policy for

Senior Citizens

Delhi

Policy announced

Goa

Policy announced

Karnataka

Policy announced

Kerala

Policy announced

Maharashtra

Policy announced

Mizoram

Policy announced

Draft Policy for

Senior Citizens
ready

Assam

Draft ready and

circulated

Madhya Pradesh

Draft ready and

circulated

Punjab

Draft ready and

circulated
24

Odisha

Draft ready and

circulated

Late Dr. JP Naik had, in the sector of Education, preferred to restrict the
Central role in terms of laying down suitable educational policies for the
country;
In a Centrally-sponsored scheme, planning should be a joint responsibility
in which the fundamental principles are laid down by the Centre, but a large
initiative and freedom is left to State Governments to make the Plan suit its
local needs and conditions; implementation would be through the State
Government; and finance would come from the Centre on a hundred per
cent basis and outside the State Plan and ceiling. This will ensure that the
programme is most effectively implemented and also that such
implementation does not interfere with any other schemes.
The Programme Frameworks for Senior Citizens in India
Among the Government institutions, the Policy 1999 sought the
involvement of various Ministries and Departments at the Centre, State
Governments, and Urban and Rural bodies of Local Self-governance; the
Non-government institutions included the NGOs and other institutions of
civil society, and the Private sector, and the people at large including
senior citizens themselves, families, and neighbourhood and
communities. The period following the year 1999, after the announcement
of the National Policy on Older Persons, has been marked by an
expanded, though gradual, progress towards specifying implementation roles
of various Ministries and Departments.
The Ministry of Social Justice & Empowerment is implementing a
Scheme namely, Integrated Programme for Older Persons (IPOP),
under which Grant-in-aid is given to implementing agencies i.e. Panchayat
Raj Institutions/Local bodies, Non-Governmental Voluntary Organizations,
State Governments autonomous and subordinate bodies, Government
Recognized Educational institutions, Youth Organizations and in exceptional
cases, State Governments/UT administrations for, inter alia, running of Old
Age Homes, Day Care Centres, Mobile Medicare Units, etc. The Approach to
the Scheme of the Integrated Programme of Older Persons views it as a
basic need; the following words are significant in this regard:
Assistance under the scheme will be given to the Panchayat Raj
Institutions/Local Bodies and eligible Non-Governmental Voluntary
Organizations for the following purposes:

25

(i). Maintenance of Old Age Homes to provide food, care and shelter for a
minimum number of 25 destitute older persons.
(ii) Maintenance of Respite Care Homes and Continuous Care Homes
for a minimum of 25 Old Persons who live in old age homes but are seriously
ill requiring continuous nursing care and respite.
(iii) Running of Multi-Service Centres for Older Persons to provide daycare, educational and entertainment opportunities, healthcare,
companionship to a minimum number of 50 older persons.
(iv) Programmes for providing Institutional as well as Non-Institutional
Care Services to Older Persons;
(v) Running of Day Care Centres for Alzheimers Disease/Dementia
Patients to provide specialized day-care to the Alzheimers disease patients.
(viii) Mental health care and Specialized care for the Older Persons to
provide Mental Health Care Intervention Programmes to the elderly. This
scheme is also open to organizations/hospitals, which are already into
mental health care. The scheme would help such organizations to integrate
the component for older persons, which is hitherto neglected.
(xii) Training of Caregivers to the older persons.
(xiii) Awareness Generation Programmes for Older Persons and
Caregivers like Self-care, preventive health care, disease management,
preparation for old age/healthy and productive ageing; intergenerational
bonding.
(xiv) Multi-facility care services for destitute older widow women to
provide shelter, educational, occupational and entertainment opportunities,
healthcare, companionship to the widowed older women.
The State Governments have, both on their own and under support from
the Central Government, specific schemes supporting free distribution of
generic medicines and distribution of other medical supplies through bulk
procurement systems, and free diagnostic systems. They have also
supported Health Care Insurance both as extended implementation of the
Central scheme of the Rashtriya Swasthya Bima Yojana, and, through their
own schemes.
The Municipalities have invariably supported Day Care Centres at the Ward
level, preference to senior citizens in accessing health care services including
health care insurance schemes, dedicated parks for their recreation, etc. The
26

Panchayats have largely been involved in distribution of services and

benefits planned both by the Central and State Governments.
The non-government institutions, including the Senior Citizens
Associations, have been encouraged through grants from the Central
Government and resources raised from other sources to undertake a number
of activities including the provision of Mobile Medical Vans in remote and
inaccessible areas, Old Age Homes for the destitute and abandoned senior
citizens, Self-help income-generating programmes, eye surgery,
distribution of assistive devices like spectacles, walking sticks, hearing
aids, and wheel chairs, establishment of Elder HelpLines for senior citizens in
distress, Dementia/Alzheimers care centres, a whole range of awarenessrising activities, etc. The Community, Neighbourhood and the Family,
including the senior citizens themselves, have also been active in supporting
the causes of senior citizens welfare and development. They have utilized
conciliation mechanisms to help senior citizens retain their place in the
family in the event of any dispute, have organized food security and shelter
support programmes, and have generally taken steps that enhance respect
for the senior citizens. The Family continues to be the mainstay of the senior
citizens insofar it has sustained inter-generational bonds, economically
supported the dependent senior citizen, and welcomed and encouraged their
participatioin in the family decision making processes. The senior citizens
at their level have been fairly actively in family and community affairs, and
have been petitioning the authorities for their rights. The senior citizens
themselves have been encouraged for "active and productive involvement,
not just their care by others. Senior Citizen Activism through active
representation to governmental authorities, Judicial Courts and the media.
The non-governmental organizations have been supporting the
implementation of the intent of the Policy 1999 through such activities as
Mobile Medical Vans, Skill training for Income-generating Programmes,
financial support to Income-generation programmes, organization of medical
camps with provision for eye surgeries and hearing aids and other assistive
technologies, awareness generation work, advocacy and mobilization
activities, etc. In addition, The Ministry of Social Justice & Empowerment has
supported such organizations for innovative programmes involving diagnosis,
care and management of Dementia/Alzheimers patients, Day Care Centres,
Respite Care Centres, etc. The Ministry of Social Justice & Empowerment has
also adopted some of these innovative progammes as part of the Integrated
Programme of Older Persons since 2008. Recently, some of the nongovernment organizations have started Elder HelpLines with or without
collaboration with the local Police authorities, and counselling for senior
citizens seeking maintenance support under the Maintenance and Welfare of
Parents and Senior Citizens Act, 2007. The non-governmental organizations
have also started Dispute Settlement Centres through Conciliation.

27

The dependent children and other beneficiary relatives have been made
responsible for providing maintenance support to parents and senior citizens
under the Maintenance and Welfare of Parents and Senior Citizens
Act 2007. The institution of Family is being expected to perform an everexpanding role in the geriatric and gerontological affairs of both the parents
and senior citizens on the one hand and the care-organizing or care-giving
family members to the ailing old persons. The older persons themselves are
encouraged to adopt preventive care strategies including self-care to
maintain active life. They are also encouraged to participate in communitysupport activities. A number of senior citizens take considerable interest in
the affairs of local, regional and national governance mechanisms and
processes through such instruments as the Right to Information Act.
Similarly, the increasing contribution of the Private Sector, particularly in the
sector of Health, Shelter and Lifestyle Industries, also needs to be accounted
for in the interest of the senior citizens. The Health Institutions have been
providing medical services to a large number of senior citizens; peer-group
centralized housing with the required common services are rapidly being
developed by the Real Estate Sector.
The Ministry of Social Justice & Empowerment has not so far operationalized
the view that implementation is a shared responsibility between the various
actors the Central Government at the level of the Nodal Ministry and the
other concerned Ministries and Departments based on the direction and
need, State Governments and Local Bodies of Self-governance, and the nongovernment institutions comprising of community at large and including the
family and the individual.
Specific Governmental Programmes
A Social Policy reflects the States capacity to manage modernization that often
causes huge economic and social shocks. It also contributes to an increase in the
aggregate social productivity of labour by taking part care of the older members of
their families for whom the younger members have to ordinarily provide a share of
their income earned from economic activity. Any expenditure on the senior citizens
is thus a social and developmental necessity for a nation to maintain both its own
cohesiveness and stability at the level of the workers families. Social Policy
operates within the broader macro-economic policy and is influenced by the
political economy contexts. It is aimed at increasing material welfare of the
citizens who cannot otherwise take an active part in the economic development
process by directly acquiring income or by participating in income-earning activities.
Old Age Pension was first introduced in Uttar Pradesh in 1957 on the basis
of a means taest. The scheme was subsequently introduced in other States
in 1960s and 1970s. Some states provided for the facility to benefit widows
and disabled persons also. There was however considerable variation in
matters of coverage and benefits, including the amount of pension and the
28

conditions prescribed for eligibility. The Central Government, in 1994,

introduced the National Programme for Social Assistance; it included

National Old Age Pension Scheme providing Rs. 75/- per month
to the eligible poor old persons;
National Maternity Benefit Scheme providing Rs. 500/- per
pregnancy upto the first two live births;
National Family Benefit Scheme (NFBS) where a BPL household is
entitled to lump sum amount of money on the death of primary
breadwinner aged between 18 and 64 years. The amount of assistance
is Rs. 10.000/-.
The Annapurna Scheme was introduced in 1999 with a view to
providing food security to the senior citizens: 10 kg of food
grains per month are provided free of cost to those destitute senior
citizens who, though eligible, are not receiving old age pension. Note 4.
Subsequently, Indira Gandhi National Widow Pension Scheme
(IGNWPS) and the Indira Gandhi National Disability Pension
Scheme (IGNDPS) were introduced in view of the recognition of
widowhood and disability causing vulnerability.

There is a wide variation concerning eligibility for old age pension across
states in the country; however, the eligibility criteria essentially include age
limit, domiciliary status, and means test. In regard to age, it was first 65 and
then lowered to 60 years. In case of widows and handicapped persons, it is
even lower. Some states have adopted the criterion of destitution as
eligibility for old age pension. The Centre gives a fixed amount of Rs. 200/per month per beneficiary in the age range of 60 years and above; it pays
Rs. 500/- per beneficiary in the age range of 80 years and above.
Table - II
Amount of Old Age Pension Paid by States/UTs
States/UT
Amount of Pension Amount desired per
per month
month

Andhra Pradesh

Rs. 1000/-

Rs. 2000/-

Andman

Rs. 200/-

Arunachal Pradesh

Rs. 200/-

Rs. 1000/-

Assam

Rs. 250/-

Rs. 1000/-

29

Bihar

Rs. 400/-

Chandigarh

Rs. 200/-

Chhatisgarh

Rs. 1000/-

Dadra, Nagar Haveli

Rs. 1000/-

Daman and Diu

Goa

Rs. 200/Rs. 2000/-

Gujarat

Rs. 400/-

Haryana

Rs. 1000/-

Rs. 3000/-

Himachal Pradesh

Rs. 700/-

Jammu & Kashmir

Rs. 400/-

Jharkhand

Rs. 600/-

Rs. 2000/-

Karnataka

Rs. 600/-

Rs. 2000/-

Kerala

Rs. 700/-

Rs. 2000/-

Madhya Pradesh

Rs. 275/-

Rs. 2000/-

Maharashtra

Rs. 600/-

Rs. 3000/-

Manipur

Rs. 200/-

Rs. 3000/-

Meghalaya

Rs. 600/-

Rs. 3000/-

Mizoram

Rs. 300/-

Rs. 3000/-

Nagaland

Rs. 200/-

Rs. 2000/-

NCT of Delhi

Rs. 1000/-

Odisha

Rs. 400/-

Rs. 2000/-

Punjab

Rs. 250/-

Rs. 2000/-

Rajasthan

Rs. 450/-

Rs. 3500/-

Sikkim

Rs. 600/-

Tamil Nadu

Rs. 1000/-

Rs. 2000/-

Telengana

Rs. 400/-

Rs. 2000/-

30

Tripura

Rs. 400/-

Rs. 1999/-

Uttar Pradesh

Rs. 300/-

Rs. 2000/-

Uttarakhand

Rs. 600/-

West Bengal

Rs. 750/-

Rs. 1000/-

The issues in the matter of health care services include (i)

accessibility/availability, quality and affordability of health care, (ii) women
and child health issues, (iii) ethical issues and illegal practices, (iv) health,
drinking water and sanitation issues, and (v) occupational health and safety.
The Post-Millennium Development Goals agenda for health care also
includes (i) access to affordable drugs, (ii) reduction in the incidence of noncommunicable diseases, (iii) provision of geriatric and palliative care. In the
sector of health services, the National Policy on Older Persons 1999 aims
to strengthen the primary health care system and public health services,
geriatric care facilities at secondary and tertiary levels, starting new
specialized courses in geriatric medicine, mobile health services for the
ailing old persons, meeting the education, training and information needs of
the older persons, etc. As per the National Policy for the Older Persons,
1999, the Ministry of Health and Family Welfare is mandated with the
following activities:

Establishing Geriatric ward for elderly patients at all district hospitals;

Expansion of treatment facilities for chronic, terminal and degenerative
diseases;
Providing improved medical facilities to those not able to attend
medical centers strengthening of CHCs/PHCs/mobile clinics;
Ensuring inclusion of geriatric care in the syllabus of medical courses
especially nursing care;
Reservation of beds for elderly in public hospitals;
Training of geriatric care givers; and Setting up research institutes
for chronic elderly diseases such as dementia & Alzheimer.

The Rajasthan government introduced, as part of access to treatment, the

scheme of distributing free medicines, and, the scheme of free diagnostics.
The first scheme included making available drugs to government hospitals,
and, change prescription behavior of doctors in favour of generic medicines.
The Kerala government provides free generic medicines, a community
mental health programme, and, pain and palliative care to one and a half
lakh bedridden and incurably ill patients; these are persons who lack access
to much needed medical nursing and social support facilities. It is the first
government in Asia to have a palliative care policy. The policy emphasizes
community-based home care with development of services with community
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participation. The Tamil Nadu government provides free generic medicine

souced by a centralized procurement of generic drugs; it also provides on
time high quality surgical and suture items to the government medical
institutions.
The National Programme for Health Care of the Elderly (NPHCE)
began with an implementation process initiated in 100 districts of 21 States
across the country in the last quarter of 2010-11. It is now proposed to cover
325 districts in the country during the XII Five Year Plan in a phased manner
including 100 existing districts. A total amount of Rs.1710.13 crores has been
earmarked for this Programme during the XII Plan. The contribution of the
State share by the State Governments/UT Governments has been pegged at
25%. All components of the Programme have been approved up to the level
of district hospital, i.e. district hospital, Community Health Centre, Primary
Health Centre, and sub-centre level activities.
The Ministry of Labour and Employment has, since 2008, started the
Rashtriya Swasthya Bima Yojana (RSBY) for families living below the
poverty line. The key features of the RSBY scheme are stated below:
---. The objective of RSBY is to provide protection to BPL households from
financial liabilities arising out of health shocks that involve hospitalization.
Beneficiaries under RSBY are entitled to hospitalization coverage up to Rs.
30,000/- for most of the diseases that require hospitalization. Government
has even fixed the package rates for the hospitals for a large number of
interventions.
The Government of Andhra Pradesh (AP) launched Rajiv Aarogyasri
Health Insurance Scheme in 2007 to improve access of poor people to
quality medical care. The scheme has been implemented in all districts in the
state and is one of the best examples of public private partnership. The
scheme covered 19.83 million families out of total across 22.91 million
families (87 per cent) across all the districts of the state. In order to provide
health protection to senior citizens, a few municipal corporations provide
health cover to senior citizens. The Gwalior Municipal Corporation (GMC)
and Indore Municipal Corporation (IMC) initiated special healthcare
schemes providing health insurance cover for hospitalization expenses
(secondary care) of up to INR 20,000 targeting senior citizens from financially
weak backgrounds (aged 60 80 years). The premium payment is fully
subsidized by GMC/ IMC. It is a cashless scheme with co-payment of INR 500.
Most State Governments have adopted or modified the Rashtriya
Swasthya Bima Yojana (RSBY) meant for citizens below the poverty line.
Initially, the scheme provided a cover of Rs. 30,000/- per year for a family of
five persons; some States witnessed the practice of senior citizens being left
in a family of five persons. The cover has now been varying raised to higher
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amounts ranging from Rs. 50,000/- to Rs. 1,00,000/-. The State of Andhra
Pradesh has, for example, put in place a Health Care Insurance Scheme
named Rajiv Arogyasri Health Insurance Scheme for persons below the
poverty line (which included the senior citizens as well). Under the Scheme,
the State had covered almost 87 percent of the population. The State of
Andhra Pradesh had approached the Central Government for aid to meet the
large bill; the Centre had found the scheme largely viable. The State of
Chhatisgarh has also introduced Health Insurance Scheme for senior
citizens below the poverty line. Some State Governments are supplying free
medicines to patients, including senior citizens. This has proved very helpful
particularly in the context of high cost of branded medicines, and low
visibility of generic medicines in the knowledge of the patients.

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