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PAPER ID:IJIM/V.7(VII)/1-5/1
AUTHOR: Ritu Siwach and Dr. Rajesh Kumar Malik
TITLE: LEGISLATIVE FRAMEWORK REGARDING MAINTENANCE OF PARENTS AND SENIOR CITIZENS IN INDIA: A CRITICAL STUDY
ABSTRACT: The most vulnerable time in a person’s life is their senior years. The elderly need the most attention and safety at this stage. Every kid has a moral obligation to uphold their parents as the accurate representations of Brahma, Vishnu, and Mahesh that God has bestowed upon them. However, change is in the air everywhere we look, and fresh circumstances are emerging. The current state of affairs moved the author to tears, prompting him to conduct this research study on The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, in accordance with the guidelines of Article 41 read with Entry 23 of the Concurrent List (Schedule VIII) of the Indian Constitution. To make known which safeguarding laws and penal provisions were created to offer social safety to elderly parents. And what legal changes would be necessary to strengthen Indian cultural roots? And how successful has the legal system been in upholding the right of this vulnerable population elderly parents and senior citizens to live in dignity? Prior to 2007, there was no explicit law in India guaranteeing the rights of senior folks. Under the protection of numerous general laws, including personal laws, the Code of Civil Procedure of 1908, the Indian Penal Code of 1860, the Protection of Women from Domestic Violence Act of 2005, and the Fundamental Rights mentioned in Part III of our Indian Constitution, they were able to assert maintenance and protection against physical torture and mental abuse. However, according to the 2007 Maintenance and Welfare of Parents and Senior Citizens Act, elderly people can now request maintenance and protection under a single piece of legislation. The large gap that is established between the Act and its actual execution is where the gaping hole is. It has been concluded that the rights of senior citizens are not treated seriously by critically examining the terms of the applicable laws and on the basis of empirical facts obtained from the Tribunal formed under the aforementioned Act. Therefore, a list of suggestions is made that could result in the successful application of laws to safeguard senior citizens’ fundamental human rights.
KEYWORDS: Senior Citizen Rights, Laws, Tribunal, Elderly, Existing Law, Improvisation, Legislative, Amendment Bill
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