The Indian Supreme Court has issued a directive to the central government in answer to a public interest litigation. The mandate instructs the central and state governments to adhere strictly to the provisions set out in the Maintenance and Welfare of Parents and Senior Citizens act 2007 (MWP Act). The implementation of this act is intended to uphold the statutory rights of health, dignity, and shelter for the elderly, which are all integral components of the right to life under Article 21.
According to an estimation by the United Nations Population Division, approximately 19% of Indians will be aged 60 years and above by 2050. This statistic is a significant leap from the current rate of 8%. However, many challenges face India’s elderly population, including abandonment, destitution, homelessness, difficulty accessing quality healthcare, low institutional support levels, and the toll isolation takes on their mental health.
Supreme Court’s Directives on Elderly Rights Enforcement
In response to a writ petition seeking enforcement of elderly persons’ rights under Article 21, the Supreme Court issued several crucial directives. The central government must gather data on the number of old age homes and available medical facilities across each district, in addition to making senior citizens aware of their constitutional and statutory rights.
Crucially, the MWP Act should be effectively publicized and implemented. The Government is also instructed to reevaluate and overhaul existing senior-citizen schemes to consolidate resources and avoid duplication. Pensions for the elderly should be adjusted to more realistic figures, and there should be ongoing monitoring of progress in implementing these rights.
Government Initiatives for Elderly Welfare
The Indian Government has introduced various schemes to cater to the welfare of the elderly population.
| Scheme | Details |
|---|---|
| Maintenance and Welfare of Parents and Senior Citizens Act, 2007 | This act made it a legal obligation for children and heirs to provide maintenance to senior citizens. State governments may set up maintenance tribunals in every sub-division to decide the level of maintenance, with appellate tribunals at the district level. |
| Indira Gandhi National Old Age Pension Scheme | Launched in 1995, this scheme enables people aged 60 and above to receive a monthly pension of Rs. 200. People over 80 receive Rs. 500 per month instead. |
| Pradhan Mantri Vaya Vandana Yojana (PMVVY) | This scheme provides social security during old age and protects elderly persons aged 60 and above against future falls in their interest income due to market uncertainties. |
International Measures and Indian Constitution
The Madrid International Plan of Action on Ageing (MIPAA) provides a guide for policy-makers in reorienting their societies’ attitudes and care for older citizens. It is estimated that by 2050, two billion people will be aged 60 and above.
In India, Article 38 of The Constitution ensures a social order for promoting the welfare of the people. It thereby underlines the state’s responsibility in securing adequate conditions for its aging population. No conclusion is required as it perfectly aligns the matter of elderly care and rights with the broader context of societal welfare and development.