Protection of Rights for Senior Citizen in India: A Legal Analysis

  • Dipti Singh and Dr. Bhawna Arora
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  • Dipti Singh

    Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India

  • Dr. Bhawna Arora

    Associate Professor at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India

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Abstract

Every human being must experience the eternal process of growing older; no one can avoid it. Traditionally, family members have been responsible for providing care for the elderly, most frequently the children. However, because of the quick changes in the socioeconomic perspective, family members increasingly leave elderly individuals to face difficulties in life on their own. However, the aging population is becoming more vulnerable due to the growing trend towards nuclear families and the corresponding breakdown of the extended family structure. India is a country that has historically valued wisdom and age. In both privileged and developing nations, elderly individuals face significant issues in numerous aspects of their lives. The basic and fundamental rights of the elderly are not sufficiently protected and promoted by the current legislative laws. The most vulnerable stage of a person’s life is old age. This is the stage when the elderly need the most protection and attention. Prior to 2007, India had no laws specifically safeguarding the rights of senior citizens. under the protection of this, they were allowed to seek maintenance as well as defense against physical and mental abuse. Many general laws, including the Protection of Women from Domestic Violence Act of 2005, the Code of Civil Procedure 1908, the Indian Penal Code 1860, and the personal laws, as well as the Fundamental Rights outlined in Part III of our Indian Constitution. However, the Maintenance and Welfare of Parents and Senior Citizens Act of 2007 allows older people to get maintenance and protection under a single piece of law.

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International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 133 - 146

DOI: https://doij.org/10.10000/IJLMH.117505

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