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Research Paper Volume 9 Issue 3 387 - 393 May 18, 2026

Reconceptualising Elderly Rights in India through Globalization: A Shift from Welfare to Entitlement

Lead author · Corresponding
Pritam Banerjee
Research Scholar at Department of Law, The University of Burdwan, West Bengal, India
Co-author
Dr. Rakesh Mondal
Assistant Professor at Department of Law, The University of Burdwan, West Bengal, India
Abstract

India is currently experiencing a demographic revolution due to an unprecedented rise in the absolute and relative size of its elderly population. The care and protection of the elderly population were deeply integrated into the moral values of the traditional joint family system, where the care of ageing members was considered a sacrosanct duty of the younger generation. However, in the advent of globalisation as initiated by economic reforms in 1991, India is going through a series of structural changes in its traditional values of caring for its ageing population. Urbanization and migration of the younger population alter traditional joint family structures into a nuclear family structure, resulting in a ‘crisis of caring’ for the elders. This study is aimed to analysis the evolution of elderly rights in India from informal values of caring for each other to a formal and legalistic approach of rights-based caring. This evolutionary change is predominant under the Maintenance and Welfare of Parents and Senior Citizens (MWPSC) Act of 2007 and other allied statutory provisions. Indian Judiciary also takes an unmistakable move toward prioritization of the dignity, autonomy, and security of the elderly in a globalized community. This study reveals that although the legislative achievements are considerable, the viability of these rights depend upon the closing of the implementation gap, digital inclusion, and the creation of a social spirit that views the elderly population as active participants rather than passive recipients.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 9, Issue 3, Page 387 - 393
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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