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Home / IAS Preparation / Welfare Parents Senior Citizens Act 2007

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Polity Notes For UPSC!

Last Updated on Jul 20, 2022
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The Aim of the Maintenance and Welfare of Parents and Senior Citizens Act of 2007 was enacted to assist senior citizens with financial security, welfare, and protection. It demands children support their parents, as well as the government fund old age homes and medical facilities for the senior citizens of the country.

All these concepts of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 are important for UPSC Civil services, State civil services, etc. In order to understand the topic in detail, Testbook prepares the best quality notes for civil service aspirants.

In this article, we will be covering the fundamental objective of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 which was created to make it easier to provide maintenance and welfare services to elderly parents and senior citizens of our country.

Study major topics of General Studies 2 from the perspective of UPSC Exams.

What is the purpose of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007?
  • India is a signatory party of the Vienna International Plan of Action on Ageing, 1982, and the United Nations Principles for Older Persons, 1991, and All have advocated for legislative and policy measures to protect older individuals, including the Madrid International Plan of Action on Ageing, which was published in 2002 and enhance their well-being.
  • Article 41 of the Indian Constitution, which is a directive principle of state policy, has made it possible to enable elderly persons’ well-being.
  • In 1999, the Indian government issued a national strategy for elderly people, focusing on their well-being and ensuring a life of purpose, dignity, and tranquility for them.
  • Financial protection, shelter, health care, nutrition, and welfare are all significant areas covered by this strategy, and legal procedures are needed to ensure that these policies are implemented effectively.
  • That’s the reason why The Parliament passed the Maintenance and Welfare of Parents and Senior Citizens (MWPSC) Act, 2007 on December 29, 2007.
  • All States and Union Territories have notified the MWPSC Act, according to Section 1(3) of the Act.

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Extent, Scope, and Applicability of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
  • It covers the entire country except for Jammu and Kashmir, and Himachal Pradesh has its own Senior Citizens Act.
  • It also applies to Indian citizens living outside of India.
  • It takes effect in a State on the date specified by the State Government in a notification published in the Official Gazelle.

Definitions of terms under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
  • The term “Children,” includes a son, daughter, grandson, and granddaughter but the minor is excluded under this act.
  • The term “Maintenance” refers to the supply of food, clothing, housing, and medical attention and treatment.
A person who is regarded not to have acquired the age of majority under the terms of the Majority Act of 1875 is referred to as a “Minor.”
  • “Parent” refers to a biological, adoptive, stepfather, or stepmother, depending on the situation, whether or not the father or mother is a senior citizen.
  • The term “Prescribed” refers to rules made by the Stale Government under this Act.
  • “Property” encompasses rights or interests in any type of property, whether mobile or immovable, ancestral or self-acquired, tangible or intangible.
  • Any legal heir of a childless senior person who is not a minor who is in possession of or will inherit his property after his death is referred to as a “Relative.”
  • Any Indian citizen who has reached 60 years or more is referred to as a “Senior Citizen.”
  • “State Government” denotes the administrator designated under Article 239 of the Constitution in reference to a Union territory.
  • The Maintenance Tribunal established by section 7 is referred to as the “Tribunal.”
  • Food, health care, entertainment centres, and other necessities for senior persons are referred to as “Welfare.”

Which Ministry is in charge of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007?

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 falls under the purview of “MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT”.

New Provisions in the Maintenance and Welfare of Parents and Senior Citizens {Amendment Bill}, 2019
  • The Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019, is a bill that amended the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
  • It aims to alter the Bill on the Maintenance and Welfare of Parents and Senior Citizens, 2007.
  • The definitions of ‘children’ and ‘parents,’ as well as maintenance and ‘welfare,’ have all been updated.
  • The number of ways to submit an application for maintenance has increased.
  • The Rs 10,000/- maintenance ceiling has been eliminated.
  • Senior persons above the age of eighty have been given priority in the processing of their applications.
  • Senior Citizens Care Homes/Homecare Service Agencies, among other things, have been included in the registration process.
  • The bill includes minimum standards for senior citizen care facilities.
  • Nodal Police Officers for Senior Citizens have been appointed in every police station, and a Special Police Unit for Senior Citizens has been established at the district level.
  • The upkeep of a senior citizens’ helpline has been included.

माता-पिता और वरिष्ठ नागरिकों का भरण-पोषण और कल्याण (MWPSC) अधिनियम, 2007 हिंदी में भी पढ़ें!

Jurisdictions and Procedures of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
  • Section 5 procedures can be brought against any children or relatives in any district – where he lives or last lived, or where the children or relatives live.
  • The Tribunal shall issue a process for obtaining the appearance of children or relatives against whom the case is filed upon receipt of the application under section 5.
  • The Tribunal must have the competence of a Judicial Magistrate of First Class to secure the attendance of children or relatives, as provided by the Code of Criminal Procedure, 1973.
  • All proofs or pieces of evidence in such procedures must be taken in the presence of the children or relative against whom a support order is demanded, and must be recorded in the same manner as in summons cases.
  • The Tribunal may proceed to hear and consider the case ex parte if the Tribunal is convinced that the children or relative against whom an order for payment of maintenance is contemplated is intentionally avoiding service or wilfully omitting to attend the Tribunal.
  • The summons shall be served by the Tribunal through such authority as the Central Government may specify in this regard by notification in the Official Gazette.
  • Where the children or relatives reside outside of India, the summons shall be served by the Tribunal through such authority as the Central Government may specify in this regard by notification in the Official Gazette.
  • Before hearing an application under section 5, the Tribunal may refer it to a Conciliation Officer, who must provide his findings within one month, and if an amicable solution is reached, the Tribunal must issue an order to that effect.
For the aim of this sub-section, “Conciliation Officer” refers to any person or representative of an organization mentioned in the Explanation to sub-section(1) of section 5, or the Maintenance Officers designated by the State Government under subsection (1) of section 18, or any other person nominated by the Tribunal for this purpose.

Role and Power of the State Government to Make Rules Under the Act
  • The State Government may make rules for carrying out the purposes of this Act by publishing them in the Official Gazette.
  • Such rules may provide for – without limiting the range of the preceding power
  • The way in which an inquiry under section 5 is conducted, is subject to any regulations that may be imposed under section 8’s subsection (1).
  • The Tribunal’s power and process for additional purposes are set out in subsection (2) of section 8.
  • Under section 9’s subsection (2) of this act, the maximum maintenance allowance that the Tribunal may order.
  • Under sub-section 2) of section 19, the system for the management of old age homes, including the standards and various types of services to be given by them that are necessary for medical care and means of entertainment to the residents of such facilities.
  • The authority’s powers and responsibilities for enforcing the provisions of this Act, as defined in section 22(1).
  • Under section 22, subsection (2), a comprehensive action plan for the protection of older residents’ lives and property.
  • Anything else that has to be or could be prescribed.
  • Every rule adopted under this Act must be brought before each House of the State Legislature, whether it is a two-house legislature or a single-house legislature, as soon as possible after it is made.

What section of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 governs the building of old age homes?
  • Section 19 of the legislation also requires the development of an old age home in each district, as well as the protection of the Senior Citizen’s life and property.
  • Parents must choose between claiming support under Section 125 of the Criminal Procedure Code, 1973, and claiming maintenance under this Act. They cannot do both.

Features of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
  • In this act, Adult children and heirs are legally obligated to give a monthly stipend to their parents.
  • This Act makes claiming monthly maintenance for parents and senior citizens a simple and quick process.
  • Parents can be biological, adoptive, or step-parents under this Act.
  • There are further measures in this Act to protect such people’s lives and property (elderly).
  • Since the passage of this Act, older individuals who have transferred their movable or immovable property on the condition that the transferee supplies them with basic amenities and take care of their physical requirements have been considered to have made the transfer by fraud, coercion, or undue influence.
  • It is possible to nullify such a transfer.
  • Abandoning a senior citizen in any location is illegal.
  • The Act also requires state governments to create at least one old age home in each state district and ensure that older residents receive adequate medical care.

Who can fill the Maintenance and Welfare of Parents and Senior Citizens form?

The maintenance application must be submitted to the maintenance tribunal in any district where you live.

  • The parent, grandparent, or senior citizen lives, or
  • The parent, grandparent, or senior citizen last lived, or
  • The individual who is owed maintenance lives.

Who Is Legally Obligated to Pay Maintenance under this law?
  • Male and female adult children and grandchildren are accountable for providing maintenance to their parents and grandparents.
  • Any one or more of these can be the subject of a lawsuit.
  • Senior citizens without children or grandchildren might seek maintenance from a relative who owns or will inherit the senior citizen’s property after their death.
  • The relative must not be a minor and must have sufficient financial resources to support the family.
  • If the property is to be inherited by more than one relative, maintenance must be given in proportion to each relative’s part of the inheritance.

Challenges in Implementing the Maintenance and Welfare of Parents and Senior Citizens Act, 2007

Advantages of Maintenance and Welfare of Parents and Senior Citizens Act, 2007
  • It provides a simple, quick, and low-cost technique for the protection of elderly people’s lives and possessions.
  • This Act also allows for the establishment of old age homes to offer care for elderly people who are unable to care for themselves.

Conclusion

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a crucial piece of legislation that ensures the maintenance and welfare of older adults while also protecting them from abuse and neglect. The essential adjustments must be made immediately so that the act gains more practical significance and becomes an important tool for aged care and protection, reducing vulnerabilities and ensuring holistic care with support in multiple bio-psycho-social domains.

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UPSC Mains Practice Questions

Q1. Comment on the extent, scope, and applicability of the Maintenance and welfare and senior citizens act, 2007? (250 words)

Q2. Explain the challenges and features of the maintenance and welfare and senior citizens act, 2007. (250 words)

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 Maintenance and Welfare of Parents and Senior Citizens Act, 2007- FAQs

The aim of the Maintenance and Welfare of Parents and Senior Citizens Act of 2007 was enacted to assist senior citizens with financial security, welfare, and protection.

India is a signatory party of the Vienna International Plan of Action on Ageing, 1982, and the United Nations Principles for Older Persons, 1991, and All have advocated for legislative and policy measures to protect older individuals.

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 falls under the purview of “Ministry of Social Justice and Empowerment”.

In this act, Adult children and heirs are legally obligated to give a monthly stipend to their parents. This Act makes claiming monthly maintenance for parents and senior citizens a simple and quick process.

Legislation is in existence, but the execution is inconsistent. The elderly are entirely unaware of the Act.
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