Litigations Dealing With

Cruelty To Elderly

Mudit Singhal
15BM60032
Akhil Verma
15BM60041
Prabhat Choudhary 15BM60071
Aditya Soni
15BM60081
Piyush Sharma
15BM60090

Abstract

Review 15 litigations dealing with

cruelty to elderly.
Legal Terminologies
Understanding Elder Abuse
How perpetrators are defended.
Nature of crimes

INTRODUCTORY MOVIE

What is Elder Abuse

Elder abuse is any form of mistreatment

that results in harm or loss to an older
person.
Broadly divided in following 6 categories

Physical abuse
Sexual Abuse
Domestic Violence
Psychological Abuse
Financial Abuse
Neglect

What is Elder Abuse

(Contd.)

Physical Abuse:

Sexual Abuse:

Physical force resulting in bodily injury, pain, or

impairment. It includes assault, battery, and inappropriate restraint.
non-consensual sexual contact of any kind with an

older person.

Domestic Violence:

Psychological Abuse:

Financial Abuse:

Neglect:

escalating pattern of violence by an intimate

partner where the violence is used to exercise power and control.
willful infliction of mental or emotional
anguish by threat, humiliation, or other verbal or nonverbal conduct.
illegal or improper use of an older person's
funds, property, or resources.
failure of a caregiver to fulfill his or her care giving
responsibilities. Self Neglect is also categorized here.

Severity of the Problem

Patterns of abuse are similar among African

Americans, Latinos, Caucasians, and Asians

(Cavanaugh &

Blanchard- Fields cited in Etaugh & Bridges, 2004)

Among Elderly, it is believed 4-6% are abused.

4,50,000 elderly experienced abuse (excluding selfneglect) in 1996. Source: National Incidence Study on
Elder Abuse

Devastating Personal losses.

Loss of independence, homes, life savings, health,
dignity, and security etc.
Shorter expectancies of abused people as compared
to non abused elderly people.

Trivia: Distribution of elderly by

understanding of Elder Abuse (2011)

Trivia: Distribution of elderly by

Specific kind of abuse face (2011)

CASES ANALYSED
CASE

PERPETRA
TOR
Family

PLACE

HARM

CHARGES

OUTCOME

Home

Materi
al Loss

Illegal
possession of
property

Conviction

B.Ramasamy vs
Jeyakrishnan

Family

Home

Materi
al Loss

Illegal
possession of
property

Perpetrator
released

Devaky vs
Unnikrishnan

Family

Home

Financi
al loss

Neglect

Liability

People v Racy

Stranger

Home

Injury

Elder Abuse

Conviction
reversed

Contreras v
Texas

Stranger

Home

Injury

Assault

Conviction
reversed

People v Suazo

Stranger

Workplace

Injury

Assault

Conviction
reversed

Kulwant Singh
vs Laljee Kent

CASE I

Plaintiff- David A Contreras

Defendant- Robber
Acts- Statute 13, Texas and Federal Constitutions
Plaintiff:

Defendant:

Man broke into the home of an elderly couple, beat the husband and wife,
and robbed them

Charges:

Robber

Event description:

Elderly Couple

Charged with burglary, aggravated assault, robbery, and injury to an elderly

individual

Initial Judgement:

Jury at the 206th District Court of Hidalgo County, Texas found him guilty on
all counts and assessed prison terms

CASE I ( Contd..)

Defendant action

Challenged the injury to- an-elderly statute contending that it violated the Texas
and Federal Constitutions because it inadequately notified a citizen of the
forbidden conduct.
Argued that the problem was that the statute lacked a necessary mens rea;
therefore, it potentially punished innocent conduct.
At the time relevant to this case, the injury-to-an-elderly-person statute provided
that a person committed an offense if he intentionally or knowingly engaged in
conduct that caused serious bodily injury to an individual who was sixty-five years
of age or older.
The defendant argued that, as written, the statute did not require the actor to
intend the result of his conduct, and therefore the actor could intentionally
perform some act without intending the result and be held strictly liable for the
result of the innocent act.

Final Judgement:

The Court of Appeals of Texas for the Thirteenth District agreed with this argument
The charge required the jury to find that the defendant intended, or knew, the
result of his conduct, and thus it prevented the jury from convicting him for
conduct which was not criminal.
The court reversed the defendant's robbery conviction for lack of proof.

CASE II

Plaintiff- Shri Kulwant Singh

Defendant- Dr. Laljee Kent and Others
Acts- Maintenance and Welfare of Parents and Senior Citizens Act,
2007
Plaintiff:

Defendant:

Senior citizen (Aged-88 years)

Retired as an Accountant General
Defendant 1: Plaintiffs first son
Defendant 2: Defendant 1s wife (plaintiff's daughter in law)
Defendant 3: Defendant 1s son (plaintiff's grandson)

Facts:

Plaintiff is 88 years old; his wife is aged 76 years old

A 3-stories building purchased and owned by the plaintiff
The plaintiff and his wife live on a portion of the ground floor
The defendants are in possession of 2 bedrooms on the same floor

CASE II ( Contd..)

Plaintiffs arguments:

Offered to care for his grandson while other 2 defendants lived in the middle east

When they returned, the plaintiff agreed to give them 2 bedrooms to live. Condition- The defendants must
not create problems in relation to common areas

However, defendants started intentionally creating disturbances

Deteriorating health (He suffers from angina, and pectoris of the heart and his wife from Parkinson's disease)

Defendants 1 & 2 have acquired other properties

Plot was purchased by the plaintiff with his funds and all floors were constructed by his funds

Wants at-least one of the bedrooms back

Defendants arguments:

Claims that the plaintiff borrowed money from him to construct. (plaintiff asserts having returned the money
to the latter)

In Municipal property tax returns filed by the plaintiff, the first defendant was shown as a co-owner with the
plaintiff

Says no son gives a loan to his father, and that all money was given on the understanding that he would be
permitted to live in the ground floor of the building

Acknowledged that there was no material or document in support of the claim of oral partition with the
plaintiff
Judgment:

The defendant does not have any record in writing or in any document or letter, with any partition with the
plaintiff

Even if the defendant gave money for construction, the onus of establishing ownership rights lies squarely
with him

A living arrangement cannot crystallize into a property right

The defendants are directed, to handover one of the bedrooms in their possession, to the plaintiff, within two
weeks. The defendants shall bear the costs of proceedings, quantified at Rs. 30,000/- to be paid to the
plaintiff.

Parameters For Selection Of

Cases

Authenticity Of Source Of Cases

Evaluate the authenticity of sources the cases are taken from

Clear and Completeness Of Disclosure

How much process of litigation is disclosed in the case

Type Of Elderly Abuse

Which type of Elderly abuse is mentioned in the case like

physical abuse, financial abuse, psychological abuse etc.
Anti Elderly Abuse Law Applied

Which type of Anti Elderly Law applied In the Cases

Procedural History Of Cases

How litigation process led to the situation

Relationship between accused and petitioner

How accused and petitioner are related to each other

Parameters For Selection Of Cases

(Contd.)

Judgement of Cases

Select cases on the basis of which party got favorable

judgement
Authenticity of evidences used to defend perpetrators

Evaluate the authenticity of evidence used to defend the

accused
Status Of Litigation

Whether litigation process is ended or still pending in

higher courts
Distinctiveness Of Each Case

How much case is differ from other cases

Duration Of Litigation

How time played a role in judgement

Action Plan For Research

Action Plan For

Research(Contd.)

Research For Authentic Sources

Research and evaluate the authenticity of various sources using websites

of various district, high and supreme courts
Selection OF Cases On the Basis Of Parameters Mentioned

Select case only after evaluating each cases on the basis of every
mentioned parameter
Identifying And Evaluating The Actions Taken during Litigation By Both Parties

Identify the actions taken by both party during litigation and purpose of
these actions
Brainstorming And Evaluating The Alternative Course Of Action

Try to find out alternative actions that could have been taken
Studying The Consequences Of Actions Taken

Evaluate the consequences of each action taken on the judgement

Identifying and Specifying General Findings and Learning

Identify the findings and enlist the learning from the particular case

Learning and Remedies

Various Laws to safeguard Elder Abuse

Recognize the warning signs
Protective Measures
Recommendations

Various Laws to safeguard Elder

Abuse

a.

b.

Maintenance and Welfare of Parents and Senior Citizens

Act, 2007(India)
The law gives powers to the government machinery to ensure
welfare of elderly in families.
Inexpensive and speedy procedure to claim monthly maintenance
for parents and senior citizens.
National Policy on Older Persons(India)
Protection for Women against Domestic Violence Act(India)

Elder Justice Act of 2009(US)

The Older Americans Act(US)
Elder Abuse Victims Act of 2009

Recognize the warning

signs

In an older adult: Be on the lookout for an older friend or acquaintance who

seems to be in a troubling situation but is reluctant to answer questions about it. If
he or she appears hungry, unclean, frightened of his or her caregiver, is frequently
bruised, ill, neglected, or often confused, this may indicate abuse. Changes in
personalitysuch as a lack of interest in activities that he or she used to enjoy, or
unusual nervousnessmay also be signs of a problem such as abuse. If you cant
get more information, trust your gut: if something doesnt feel right, it probably
isnt.
In a caregiver: If you see a caregiver attempting to dominate an older adult that
may be a warning sign of abuse. If the caregiver is verbally or physically abusive to
the older person, to you or anyone around you; if there is evidence of substance
abuse or mental health problems in the caregiver; or if the caregiver is financially
dependent on the older adult and expresses continual concern about money, this is
cause forconcern.
In the home: If an older adult or caregiver wont let others into the home there
may be a problem. Signs that something is wrong in and around the home include
an accumulation of newspapers and mail; a lack of attention to the home or a home
that is in a state of disrepair; large numbers of people using the home; and odd
noises or bad odours coming from the home.

Protective Measures

Stay sociable and active

Consult with an attorney

Stay involved with neighbors, friends, church or community activities

Increase social network as you age
Have friends visit you at home
Have a best friend with whom you can confide in
Keep in touch with old friends if you move
Make arrangement for the future such as power of attorney
Get legal advise before making/signing agreements regarding your care or
possessions
Be aware of your financial situation

Know where to ask for help

Find out about community resources before you need them such as rape and abuse
hotlines, senior centers, and adult protective services

mental health service centers

crisis centers
private counselors
local police

Recommendations

Educating victims about resources and options

Breaking through denial and shame
Safety planning (planning what to do if abuse occurs)
Building Support networks and Support groups
Co-dependency
Traumatic or post traumatic stress
Family counselling to resolve or mediate conflicts
Counselling for victims and abusers
Adult day health centres
Friendly visitors make home visits to isolated seniors.

Greater understanding of the causation of elder abuse

could lead to the development of effective treatment
programs for abusers

Defining elder abuse in its own terms rather that

modifying guidelines from child abuse legislation would
improve the understanding of elder abuse as a
phenomenon separate and unique from child abuse
further research using standardized definitions and
subtypes of elder abuse would provide a better picture of
the scope of the problem

improved reporting guidelines along with increasing the

number of agencies and their funding is essential.

References & Sources

Elder Abuse & its Handling in the

Courts by Natalia Tapia (August, 2011)
www.manupatrafast.in
www.indiankanoon.org
www.scconline.com
Westlaw India
A report on ELDER ABUSE & CRIME IN
INDIA - HelpAge India (2011)