Monday, January 6, 2014

Discussion on MWPSCA intiated by RNM and SB

This is a long document consisting of discussions based on a Note from Sri RN Mital, reactions / replies of Dr Sugan Bhatia and others. Given in chronological order. Those who would like to respond kindly add them as comments. Thanks Vyasamoorthy 6/1/2014
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Assessment of the Present State of implementation of the
MWPSC Act 2007-
Submitted by R.N. Mital and Dr. S.P. Kinjwadekar, Past Presidents of
All India Senior Citizens’ Confederation (AISCCON)

Though the MWPSC Act is more than 6 years old yet only 20 States/Ut’s out of 35 have so far completed all the formalities under it and  9 only have actually  operationalised it  but not one  State or UT has fully implemented it. This poor compliance on part of the States and UT’s is partly due to the indifference shown by States towards issues concerning senior citizens and partly due to certain lacunae in drafting the Act.

In the following we have highlighted the lacunae, acts of indifference by the State Governments and the suggested amendments to make its implementation effective.

1] The major lacuna in this Act is the conditional legislation - It is stated in Section 1 (3) that the Act shall come into force “in a State on such date as the State Government may, by notification in the Official Gazette, appoint.”
          This clause provides discretionary powers to the State Governments to bring the Act into force at their sweet will or not to bring the Act into force at all.  There are examples of such conditional legislations which were enacted way back in 1947 and which are yet to be brought into force by the Government.

2] Punishment for not taking Care of one’s Parents [Chapter VI   Section 24 ] – The punishment which can be awarded for the above is a maximum  fine of Rs 5000/- and/ or imprisonment of 3 months. These are not sufficient  deterrents. Neglect and abandonment of dependent senior citizens is a very serious inhuman  crime. The imprisonment should be extended to 5 years instead of three months and fine to Rs 50,000/- instead of Rs. 5000/-
According to surveys conducted by Help Age large number of senior cutizens are tortured and ill treated because the family members try to usurp their property and assets, or sometimes consider them as a burden. There is no punishment provided in the  Act for cruelty and torture which is often meted out to elders to usurp their assets or when they are regarded as a burden.

The MWPSC Act should be made more stringent for those who do not look after their elders. Instances of cruelty including ill treatment by the family members and caregivers  by way of denying basic facilities,  beating or even sexual misbehaviour are increasing. These may even lead to the extreme act of cruelty that is physical torture and even  abandonment. Such crimes  against dependent elders should be made non-bailable, non-compoundable and a cognizable offence as in case of the Domestic Violence or Dowry Prevention Act, section 498A of IPC, or the Act for prevention of atrocities against SC/ST.

3] Chapter III section 19 provides for establishment of Old Age Homes and the State Governments have been given complete discretion to establish such Old Age Homes             “as it may deem necessary”.  So far no Old Age Homes have been built by the States under this provision. The request by MOSJE to Planning Commission to allot funds for this purpose so t hat MOSJE could help the States to build such Old Age Homes, was turned down.
Adequate funds should be allotted for this purpose and building of Old Age Homes for the indigent should be made obligatory for the States.

 4] Chapter IV Section 20 lays down that all Govt. Hospitals or Govt assisted Hospitals shall provide beds for all senior citizens, arrange separate queues, expand facilities for terminal diseases and research facilities for elderly diseases. Moreover, it is further provided that  these facilities should be headed by a medical officer with experience in geriatric care.

To the best of our knowledge no Govt Hospital has set up these facilities so far.
We suggest that effort should be made to persuade the States to set up these facilities and the Act be amended to make compliance obligatory.

5a] Chapter V Section 21 provides for wide publicity both through electronic and print media to be given to the provisions of this Act. We find that no State has given any publicity in this regard. MOSJE have made now provision in their planning to comply with this provision and did issue one or two advertisements about this Act, but no concerted effort has so far been made by any State. Compliance should be made obligatory.

5b] Section 22 (2) It prescribes a  comprehensive  plan for providing protection of life and property of senior citizens. It is a matter of common knowledge that senior citizens are regarded as soft targets by anti social elements  According to NCRB the crimes against them particularly those living alone are rising.

The directions said to have been issued by the Home Ministry to the States have still not been implemented. Provision should be made for deterrent punishment in cases of violence against the dependent elders. (Kindly see item2 above).   

6] Section 16 deals with “appeals” to Appellate Tribunal.  Sub Section (1) provides a right to appeal only to the senior citizens or parents “aggrieved by the order of the Tribunal”.  Obviously, therefore this section does not provide a right to appeal to the children or the relative against whom an order was passed.  Therefore, there is a danger that this section may be challenged as arbitrary and opposed to the  principle  of equality enshrined in Article 14 of the Constitution of India.
Although it is not in the interest of the senior citizens or the parents, such a right of appeal may be given to the children or   relative also.  Normally it would be in the interest of both the parties that a right of appeal is   granted to both parties This will confer a greater credibility, besides bringing about a finality to the order passed by the Appellate Tribunal.

7] Section 30 empowers the Central Government to give directions to the State Government as to carrying into execution of the provisions of this Act.  Under this provision the Central Government may direct all the State Governments which have not yet brought this Act into force to enforce this Act immediately and thus ensure that this Act is brought into force throughout the country.


8]  Chapter 1 Section 2a -  to include daughter-in-law if son has expired or in his absence.
                    Section 2b -   include “ conveyance” also


These are recommendations of RN Mital & Dr SP KInjawadekar to National Human Rights Commission. – Jan 2014 sent as an attachment to others as well with following message dt 3/1/2014. Discussions on this are in following pages:
Kind Attn : Mr. J.S.Kochher, IAS,
Joint Secretary (Trg&Res), NHRC,
DS(R) Unit, PRP & P Division, Delhi

Dear Sir,

Kindly accept our best wishes for a Happy New Year

During the meeting of the Core Advisory Group on Elderly Persons on December 20, 2013 there was a detailed discussion regarding assessment of the present status of implementation of the MWPSC Act 2007. A number of suggestions were made by Dr. S.P. Kinjwadekar and myself, both past Presidents of the All India Senior Citizens Confederation,  concerning the lacunae in the Act, present  status of implementation and suggested amendments in view of the present rampant cases of Abuse and Cruelty against the Elderly. We were asked by Shri S.C. Sinha to submit our suggestions in writing. They are accordingly attached.

The legal contents are based on the observations of Dr. N. Rangaiah, ex Professor of Law,
University of Guntur, AP.

Pl. regard our co-operation at your disposal if any more information is required.

With regards,
R.N.Mital
Imm. Past President,
All India Senior Citizens' Confederation

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From: scbhatia_delhi@hotmail.com
To: 
rnmital@gmail.com
CC: 
dnchapke@yahoo.com; drspkinj@gmail.com
Subject: RE: MWPSC Act, 2007
Date: Sun, 5 Jan 2014 02:28:10 +0000

Dear Shri Mital,
Thanks for joining the debate on the vital issue of destitute and abandoned senior citizens. Dr. Asha Patil of SNDT Women's University responded before you and argued in favour of nationwide interaction on the subject in the form of local Seminars on the subject. I welcome such suggestions and continued interaction. "Dispossession, Destitution and Abandonment - the Senior Citizens in India" is the title of a recent book of mine published by Sonali Publications (2014). I continue to be a student of this subject and document and analyze the latest incidents and thought processes; I will be very glad to learn from your efforts in the form of a paper. 

It is essentially an issue where the economics of life takes over the very critical filial duty that all human beings have been taught by parents and senior ciitzens. As a teacher all my life, I am inclined to believe that what the teacher has not taught, or has poorly taught, the learner has not learnt. The cruelty towards the elders represents a mismatch, in the mind of the younger members of each family, in balancing the filial duty and harsh economic realities of poverty. 

If you want to see the destitute and abandoned senior citizens, please visit an NGO known by the name House of Hope, located on the outskirts of Bengaluru, where they embrace their life ending within 15 to 20 days of their finding a place after being left mercilessly on the roadsides and highways. I am inclined to believe that the street is kinder to them than their own kith and kin; the street gives to them a lot than what they received in their own homes, that they raised and built so lovingly. Street is far more pious than some of us; it willingly parts with small change and other things, which are very precious to the destitute and abandoned. 

The elders either surrender or are forced to surrender, in some families in our country, cash, other saved assets, and sometimes even the very social position that they have earned and nurtured by their hard work and exemplary conduct. Some of them may not have succeeded, may have been unfortunate,  in the area of exemplary conduct in life. However, the rate race of becoming overnight well-to-do, if not filthy rich, has somehow managed to smother the filil duty in many of us. I believe that the clan, neighbourhood and community must step in to provide life-saving relief to such persons on the spot and instantly. The State is awakened to the crisis, it is probably looking for evidence and data to formulate a meaningful response to it. I did suggest to the National Human Rights Commission, in its recent Core Group Meeting on Elderly Persons, that they should hold Public Hearings to document such evidence and data. I found the response from the NHRC somewhat lukewarm and half-hearted; they are probably not inclined to undertake an exploratory effort in an area that is largely uncharted and of grave significance to the very edifice of human rights - denial of survival with dignity rights.

I must commend the State for taking note of the crisis of dispossession, destitution and abandonment of senior ciitzens within the framework of the Maintenance and Welfare of Parents and Senior Ciitzens' Act, 2007. The relevant section in the law on this subject is a chilling reminder to children and other beneficiary relatives that their conduct is being watched. The clan, neighbourhood and community, along with the various civil society groups, must supplement this effort by building psychological and social pressure on the children and beneficiary relatives of the parents or senior citizens to accept their elders as the part of their families and maintain them at whatever psychological, economicand social level that they are maintaining their own children or themselves. I am somewhat uncomfortable with the thought that civil society's duty ends by  either placing trust in making the laws more stringent, and at times inhuman, or blaming governmental slow response measures.

The Ministry of Social Justicfe & Empowerment is in the process of finalizing a nationwide Awareness Raising Plan in regard to this law. I hope that the plan will formulate an Awareness Raising plan which is section-wise in regard to the legal response to the human miseries that senior citizens have been subjected to, not just a bland newspaper or television commercial about the fact of the law having been put in place. I had articulated a view in the meeting of the Experts Group on the subject that an Awareness Raising Plan must be based on the content of the law and the case law emerging gradually in this regard. The Awareness Raising stories in the media, as also in the advertisements, should be based on actual stories of denial of maintenance, destitution of parents and senior citizens through grabbing/fraud/etc., abandonment of parents and senior citizens and the consequential denial of life, lethargy of the concerned Ministries and other responsible agencies to put in place the shelter, health and economic security protocols, etc.

I think that like-minded persons must continue their fight.

Sugan Bhatia
Delhi
98112 25103 

Date: Sat, 4 Jan 2014 23:19:54 +0530
Subject: Re: MWPSC Act, 2007
From: rnmital@gmail.com
To: scbhatia_delhi@hotmail.com
CC: dnchapke@yahoo.com; drspkinj@gmail.com
Dear Dr. Sugan Bhatia,

I thank you for your mail. You have expressed difference of opinion with the suggestion that the punishment for cruelty and abandonment of the elderly be raised to Rs 50,000 fine and/or 5years imprisonment. In your opinion probably it will be far too stringent.

Perhaps you have not come across cases of abandonment, It is not uncommon that when an elder is considered to be a burden he or she is taken to a hospital or a temple and abandoned there. We have even come across cases where the elders were found lying abandoned  on highways.
According to a news item in The Hindu on an average two senior citizens are found daily in Chennai abandoned.

This no doubt generally happens in the low income group families but there can be nothing more cruel than this and  no punishment will be too severe. I agree that mere punishment will not stop such practices, some socio- economic steps have to be taken. I discussed this issue in my paper which I presented in the recent Udaipur Conference. I can send it to you should you be interested.

In any case I will be happy if a public debate is stated on this subject as I am interested in creating awareness of this emerging evil.

Regards,
R.N.Mital  

On Fri, Jan 3, 2014 at 8:29 PM, Sugan <scbhatia_delhi@hotmail.com> wrote:
This e-mail from Shri RN Mital has also been marked to me, although hidden, in Bcc. I have some views in this matter and I am sharing these views with the intention that we will start a public debate on the subject.  

The most stringent suggestion made in Shri Mital's letter relates to the punitive section relating to a delinquent provider of maintenance - he would like the punishment to be raised to Rs. 50,000/- and/or 5 years. Let us realize that it is part of a problem that arises within a family, not a generic problem that views all such delinquent children as generic or a class. Let us also realize that more cases of delinquency in providing maintenance is visible among families affected by extreme poverty, though there are cases where well-to-do children have defaulted. Tbe burden in case of the suggested amendment would hurt the poor most, though some well-to-do will also get a salutary lesson. The approach to the question of delinquency in providing maintenance should be on "persuasive pressure from the clan and the neighbourhood, even the community", rather than a very harsh law that hurts the poor most. I am just wondering if we are adopting a "trigger-happy" attitude in dealing with what is essentially a psychological and social problem. Granted that providers of maintenance become delinquent our of  greed, ill-will or an ego-trip, or a mis-match in human relations within the family, apart from widespread poverty, the corrective burden should be on the social forces - clan, neighbourhood and community - rather than on the law and its punitive force. When the lawmakers envisaged a fine of Rs. 5000/- and/or imprisonment for 3 months, they had largely the poor families, who have so far participated in a majorith before the Maintenance Tribunals. The lawmakers had also laid considerable premium by the provision of Conciliation that they provided in the law. We should have laid emphasis on training of such conciliation process and the use of psycho-social methodologies to generate socially meaningful results. We need to give a chance to the full potential of the law and the various legal provisions, before we make demands for amendments. 

Delinquent behaviour on the part of the children and other beneficiaries of the senior citizen's assets has also to be analyzed in the context of role models that senior citizens have set for their children in their younger days. A Canadian longitudinal research study (spread over a period of 15 years) has pointed out that abuse takes place, mainly, in homes where children were witness to abusive behaviour on the part of their parents and other elders. The inescapable inference from such a study should help us to take a more humane view of the phenomenon of delinquent behaviour and involve social beings in the clan, neighbourhood and community to work towards lessening the incidence of the phenomenon of such delinquency. 

The provision of stringent punishment and sky-rocketing fine tends to ignore the plight of those senior citizens who do not have any beneficiary relatives. The State must accept responsibility to provide support in the form of survival with dignity rights including income security, shelter security, food security and health security. Our emphasis in the next few years should be on the rigorous implementation of what the law has christened as "obligations of the State" as articulated in a large number of Chapters. A Welfare State must make sufficient provision for the survival rights of the dispossessed, destitute and abandoned senior citizens.

The right of aggrieved children has not been made a subject of Appellate Tribunals largely on account of the primacy that the law accords to the right of the aggrievedd parents and senior citizens. Such aggrieved children have a right to approach the higher courts; in fact, some cases of this nature have cropped up in the State of Kerala and the aggrieved children have sought adjudication at the level of the High Court. 

Lastly, let us recognize that the country has a federal constitution which accords considerable importance to the wisdom of the State Governments to bring their wisdom to bear on the enactment of the law and framing of rules. The Central Government cannot be accorded such extreme powers to ignore the wisdom of the State Governments. Let us not posit a situation where the Central Government assumes the role of sole repository of human wisdom. 

Social legislation has unfortunately lagged behind in its implementational force, largely on account of its intent behing ahead of the time or of social recognition of such delinquent behaviour. We need to go after "nuts and bolts" of the implementation process in case of social legislation, not chase the very spirit and structure of law through recommended amendments. 

I submit these few points in all humility, and, in the interest of a harmonious working of the institution of family, clan, nighbourhood and community that has so far kept our communities and society together. Such a plea need not negate the critical significance of the principle of "rule of law" in our personal and public transactions of life.

Sugan Bhatia
98112 25103    
 







From: Sugan Bhatia

Date: Mon, 6 Jan 2014 16:51:06 +0800
From: jaipd1960@yahoo.com
Subject: Re: Maintenance and Welfare of Parents and Senior Citizens Act, 2007
To: scbhatia_delhi@hotmail.com
Dear All
Congratulations to all for entering into a debate on an issue which could find a place very low in the common as well as systematic parlance.
The efforts made so far are essentially in the direction of opening the possible routes of intervention for all categories of stakeholders for the larger purpose of social/ economic protection and not limiting one or the other by placing the stringency of punitive measures at the top. The cases are not uniform. Very recently an old person was spotted lying in a park in Delhi. When he was contacted by a student of mine he asked for a shelter and place to work only and no complaint against his kith and kin rather he was willing to work and help these people. The issue of punishment need to be handled very carefully. The economic and social requirements of elderly persons are currently exceeding the personal, community or state provisions. The articulations in the proposal/Act need to be watched by the vigilant eyes of advocates while in their implementation by state and the lesson learnt before looking for any major corrections as far as punishment are concerned.
   

Dr. J P Dubey 
Associate Professor
DACEE, 
University of Delhi 
Mob. 09313744686

On Saturday, 4 January 2014 4:10 PM, Sugan <scbhatia_delhi@hotmail.com> wrote:
This e-mail from Shri RN Mital, Immediate Past President, All India Senior Citizens' Confederation, has also been marked to me, although hidden, in Bcc. I have some views in this matter and I am sharing these views in the hope  initiating a public debate on the subject.  

The most stringent suggestion made in Shri Mital's letter relates to the punitive section relating to a delinquent provider of maintenance - he would like the punishment to be raised to Rs. 50,000/- and/or 5 years. Let us realize that it is part of a problem that arises within a family, not a generic problem that views all such delinquent a class by themselves. Let us also realize that more cases of delinquency in providing maintenance are visible among families affected by extreme poverty, though there are occasional cases in media where well-to-do children have defaulted. Tbe burden in case of the suggested amendment would hurt the poor most, though some well-to-do children and other beneficiary relatives will also get a salutary lesson. The approach to the question of delinquency in providing maintenance should be on "persuasive pressure from the clan and the neighbourhood, even the community", rather than on a very harsh law that hurts the poor most. 

I am just wondering if we are adopting a "trigger-happy" attitude when we suggest harsh measures in dealing with what is essentially a psychological and social problem. Granted that providers of maintenance become delinquent out of  greed, ill-will or an ego-trip, or a mis-match in human relations within the family, apart from widespread poverty, the corrective burden should be on the social forces - clan, neighbourhood and community - rather than on the law and its punitive force. When the lawmakers envisaged a fine of Rs. 5000/- and/or imprisonment for 3 months, they had largely the poor families, who have so far come before the before the Maintenance Tribunals in a majority. The lawmakers had also laid considerable premium by the provision of Conciliation that they provided in the law. We should have laid emphasis on training of such conciliation officers and conciliation process and the use of psycho-social methodologies to generate socially meaningful results. While some States need to complete the "nuts and bolts' of enforcing the legislation, we also need to back up the legislation in terms of training of its personnel at various levels. We need to give a chance to the full potential of the law and the various legal provisions, before we make demands for amendments. 

Delinquent behaviour on the part of the children and other beneficiaries of the senior citizen's assets has also to be analyzed in the context of role models that senior citizens have set for their children in their younger days. A Canadian longitudinal research study (spread over a period of 15 years) has pointed out that abuse takes place, mainly, in homes where children were witness to abusive behaviour on the part of their parents and other elders. Refusal to maintain one's own parents or other senior citizens by the intended beneficiaries of their saved assets and resources is a very grave abuse, apart from the fraudulent practices by which parents and senior citizens are deprived of their hard-earned resourcess. The inescapable inference from such a study should help us to take a more humane view of the phenomenon of delinquent behaviour and involve social beings in the clan, neighbourhood and community to work towards lessening the incidence of the phenomenon of such delinquency. 

The provision of stringent punishment and sky-rocketing fine tends to ignore the plight of those senior citizens who do not have any beneficiary relatives. The State must accept responsibility to provide support in the form of survival with dignity rights including income security, shelter security, food security and health security. In this regard, most of us seem content with a gradual approach to putting the programmes and supportive practices in place. The Ministry of Health & Famioly Welfare has done reasonably well through its National Programme of Health Care for the Elderly. However, they have yet to do work relating to a National Mental Health Programme and Care Initiatives for the senior citizens, particularly the palliative care for those senior citizens who have reached a stage of being beyond cure. Such senior citizens must be ensured dignity in their dying days. The Ministry of Home Affairs has again done well in communicating protocols, to the various State Governments, for protection of life and property of senior citizens. The Police Authorities in various Metropolitan cities have done a good job of computer-based networking of their infrastructure; some southern cities have done exceedingly well in quick outreach to the thana-level personnel. Senior Citizens facing abuse or threats to life and protection of property have gained from such computer-based networking insofar the caring face of the Police is visible to them without any signicant loss of time. The Ministry of Rural Development needs to seriously consider providing shelter rights to the destitute and abandoned senior citizens.

Our emphasis in the next few years should be on the rigorous implementation of what the law has christened as "obligations of the State" as articulated in a large number of Chapters. A Welfare State must make sufficient provision for the survival rights of the dispossessed, destitute and abandoned senior citizens.

The right of aggrieved children has not been made a subject of Appellate Tribunals largely on account of the primacy that the law accords to the right of the aggrieved parents and senior citizens; the aggrieved children have not been given the right to contest the amount of maintenance ordered by the Maintenance Tribunal. Such aggrieved children have a right to approach the higher courts for contesting the matter on other substantive issues; in fact, some cases of this nature have cropped up in the State of Kerala and the aggrieved children have sought adjudication at the level of the High Court arguing that they cannot be classified as legitimate children or beneficiary relatives of the aggrieved senior citizen. 

Lastly, let us recognize that the country has a federal constitution which accords considerable importance to the wisdom of the State Governments to bring their wisdom to bear on the enactment of the law and framing of rules. The Central Government cannot be accorded such extreme powers to ignore the wisdom of the State Governments. Let us not posit a situation where the Central Government assumes the role of sole repository of human wisdom. The State Governments are trying their best to find the required personnel for the Maintenance and Appellate Tribunals and other resources required for putting the law in place, apart from firefighting  on the law and order front. The Nodal Ministry at the Centre continues to cajole them in this regard and the number of states that have put the law in place continues to increase.  In fact, the Nodal Ministry should bring out a Progress Report in regard to this law as it spreads to several States and Union Territories. Smt. Jaya Bachchan, Member of Parliament, has tabled a question in this regard; relevant information would have been placed in the public domain had the last session not ended abruptly. 

Social legislation has unfortunately lagged behind in its implementational force, largely on account of its intent behing ahead of the time or of widespread social recognition of such delinquent behaviour on the part of children and other beneficiary relatives. We need to go after "nuts and bolts" of the implementation process in case of social legislation, not tinker the very spirit and structure of law through recommended amendments. 

I submit these few points in all humility, and, in the interest of a harmonious working of the institution of family, clan, nighbourhood and community that has so far kept our communities and society together. Some children may have gone delinquent, the family in India still swears by concern and solidarity for all its family members, including senior citizens. Such a plea need not negate the critical significance of the principle of "rule of law" in our personal and public transactions of life.

Sugan Bhatia
98112 25103     

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4 comments:

  1. dr.kaushik Das commented on a post on Blogger.
    Shared publicly - 13:18

    I see this is a very good initiation . Earlier I have mailed one article written( abuse of Indian elderly by laws of nation) by me to Sri. R N Mittal & Sri. P. Viyasamoorty . I urged some amendment in MWPSC act. Mittal sir has mentioned some in his deliberation . I want to add one important point i,e. making children or relatives legally bound to meet their parents or elderly physically & regularly ; meanwhile Govt. of CHINA has implemented a law regarding this. We can include this in MWPSC act. by amendment only. To save Indian family daughter in laws should be made more accountable . I do agree that a new law in the line of 498A be enacted for protecting elderly from torture . Lastly, I hope that this debate will culminate in a legal change in India .
    Comment by Sri Kaushik Das copied and put again by PVM

    ReplyDelete
  2. 1. We are thankful to Shri Vyasamoorthy for starting Open Discussion on this important subject. He is requested to start some Brainstorming Sessions on Google (+) Hangouts for important urgent discussions, as and when necessary, as that can be done with 15 persons at a time. All Senior Citizens & those working for Senior Citizens should give a brief report to Shri Vyasamoorthy for putting in this site for information and comments of other Senior Citizens about deliberations held by any Core Group, Meetings with Local/State/Central Public Authorities etc attended by them. At present, there is no machinery to disseminate any important matters to Senior Citizens at grassroots levels. This sight should be made popular for this.
    2. It is very good that S/Shri Mital & Dr Kinjwadekar have expressed their views before NHRC, Delhi in core group meeting & thereafter in writing and has invited views of others on lacunas in the Act, 2007; act of indifference of States and suggestions, if any.
    3. Act, 2007 is basically incomplete. It talks about maintenance by children of all but does not speak about maintenance of parents & Senior Citizens, whose children are not financially capable of maintaining even their own nuclear family or those, who do not have children or relatives to look after. Abandonment by such poor children/relatives cannot be avoided by any stringent punishments, as they have nothing to lose & they will be burden on public exchequer in jails! Keeping the expenditure required to be spent on such defaulters in jails, government should provide in the Act, pension/compensation to such children for keeping parents with them. Present Indira Gandhi Pension by Ministry of Rural Development to only those belonging to BPL Families as per incorrect 13 parameters of that Ministry deprives large number of poor senior citizens. Proper pension/compensation for poor families for keeping parents should be included in the Act, so that senior citizens can get it legally. Without any financial help and fear of fine & jail under this Act, poor citizens have no other alternative but to abandon their parents secretly. Act encourages/forces such abandonment!! With Society and Government with anti-elders policies of Finance Ministry and Planning Commission of the Country, more and more abandonment s only can be expected. Finance Ministry & Planning Commission are required to facilitate budgetary provisions for implementation of NPOP, 99 as per para 93 but due to their anti-elder policy, many of provisions for Welfare of Elders laid down in NPOP, 99 have remained unimplemented. Without providing proper financial help by Finance Ministry to poor families to keep & maintain their parents and not providing funds by Planning Commission for sufficient number of Old Age Homes, poor families have no other alternative than abandoning their parents!! Even provision in para 82 to provide tax relief to encourage children to co-reside with their parents is not implemented by Finance Ministry even after 15 years!
    4. Pl see my blog: http://mvrup.blogspot.com

    ReplyDelete
  3. I wish to give three points:
    ==
    1. I agree with Mr Mital that the punishment for abandonment under MWPSCA (sect 24) must be increased from 5K to 50K. However the crime must not be made as stringent as in Domestic Violence Act. It is well known that DV Act has been highly abused and senior citizens are victims. We should not create another draconian law. While the fine and prison term should be raised, there should be a method of assessing severity of crime committed.

    2. My second observation relates to Sri SUgan Bhatia's point that MOSJE must create awareness about MWPSCA in different ways.
    MOSJE website must give details of tribunals set up - location ans contact details. A database of all cases cleared and awards given may be publicised. I am aware of only one list of some 140+ awards made in West Godavari District due to private efforts of an individual - Sri Narayanamoorthy.

    3. Thirdly I refer to the quoted observation:
    /// In fact, Smt. Jaya Bachchan, a Rajya Sabha member, has filed a starred question in the Parliament on the subject; it could not unfortunately be answered since the Parliament session was abruptly curtailed. The least that the Ministry of Social Justice & Empowerment could do is to place the compiled information in the public domain.///

    In connection with the above I wish to state that two e-publications containing Questions and Answers of MPs in LOk Sabha / Rajya Sabha have been compiled by me and are available in public domain:

    https://drive.google.com/file/d/0B4BttVWmJL3KLVlhejdxQjE1VGs/edit?usp=sharing
    https://drive.google.com/file/d/0B4BttVWmJL3KcXNwSElFS0RLa0U/edit?usp=sharing

    Vyasamoorthy

    ReplyDelete
    Replies
    1. I refer to my comment above - point 2. I discovered that some info on the results of tribunals in indeed available though hidden. See for example the pdf file:
      http://socialjustice.nic.in/pdf/sd3052013.pdf which gives tribunal activities in Southern states as of Sep 2012.

      Delete