Manuscript Number : GISRRJ1811329

Maintenance and Welfare of Parents : An Overview

Authors(1) :-Dr. Krishna Kant Dwivedi

The words "Matru Devo Bhav" and "Pitru Devo Bhao" in Sanskrit express gratitude to one's parents. In the days of old, parents had a very high position and were venerated as living Gods and Goddesses. But at the present time, due to many issues and the nuclear family structure, these elderly parents are taken on as a burden by their own sons or daughters. When there is any lacuna in such culture, the legislation always try to fill that. Senior people require the appropriate attention from their family members as well as financial support as they aged. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, was passed by legislation for the well-being of these parents and senior citizens, requiring that they be supported by their children and other family members so that they can live honorable lives and support themselves as they aged. To let the public know which safeguarding laws and penal provisions were created to provide social safety to elderly parents? And what amendments to the law would be necessary to strengthen Indian cultural roots? And how successful has the legal system been in upholding the right of this vulnerable population-elderly parents and senior citizens-to live in dignity?

Authors and Affiliations

Dr. Krishna Kant Dwivedi
Assistant Professor-Law, Gautam Buddha University, Greater Noida

Senior Citizens, Parents, Maintenance, Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

  1. Abrams, D. et. al. (2009): “Attitudes to Age in Britain, 2004- 2008”, Department for Work and Pensions, Research Report, No. 599, Norwich, United Kingdom. http://research.dwp.gov.uk/asd/asd5/reports2009-2010/rrep599.pdf
  2. Agewell Research & Advocacy Centre (2009): “Study of Role of Older Persons in Democratic Process”, Agewell Foundation, New Delhi.
  3. Agewell Research & Advocacy Centre (2009): “Status of Older Persons in NuclearFamilies in India”, Agewell Foundation, New Delhi.
  4. Liebig, P.S., Rajan, S.I. (2003): “An Ageing India: Perspective, Prospects and Policies”, Journal of Aging and Social Policy, pp. 229-230.
  5. Krishnaswamy, B. & Venkataraman, K. (2008): “Ageing in India”, Journal of Springer Science, Vol. 32, pp. 258-268.
  6. Rajan, I. (2001): “Social Assistance for Poor Elderly: How Effective”, Economic and Political Weekly, Vol. 36, No. 8, pp. 613-617.
  7. WP. (MD)No.13733 of 2012 available at: https://indiankanoon.org/doc/91169080/.
  8. According to the explanation, in this section parent includes a childless stepmother.
  9. Section 21: For the purposes of this Chapter dependents mean the following relatives of the deceased- (i) his or her father; (ii) his or her mother; for details see section 21 of the Hindu Adoption and Maintenance Act, 1956.
  10. See: Section 24 of the Hindu Adoption and Maintenance Act, 1956.
  11. See also: Section 3(b) (i) of the Hindu Adoption and Maintenance Act, 1956.
  12. Section 2(d) of the Act, 2007.
  13. Section 2(h) ibid.
  14. Section 5 of the Act, 2007.
  15. WP. (MD) No. 13733 of 2012 available at: https://indiankanoon.org/doc/91169080/.
  16. Section 4(4) of the Act, 2007.
  17. Section 5(6) of the Act, 2007.
  18. Section 5(8) of the Act, 2007.
  19. Proviso to section 5 (8) of the Act, 2007.
  20. Rule 6 of the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009.
  21. The Gazette of India, Extraordinary, Part –II, Section 3 – sub section ii, New Delhi, June 22, 2011.
  22. Section 9(2) of the Act, 2007.
  23. Section 16(1) of the Act, 2007.
  24. Proviso to Section 16.
  25. Section 15(2) of the Act.
  26. WP (MD) No. 13733 of 2012 available at: https://indiankanoon.org/doc/91169080/.
  27. Banjare, P. & Pradhan, J. (2011): “Self rated Poor Health and Socio-economic Inequalities among Indian Elderly”.
  28. http://www.skoch.in/images/stories/knowledge_repository/governance/self_rated_poor_health_socio_economic%20_pallavi_banjare.pdf.
  29. Bansod, D.W. & Paswan, B. (2011): "Health Status of Elderly in Rural Maharashtra: Do Socio-Economic Differentials Matter?" in S. C. Gulati (Eds.) Population, Health and Human Resources in India’s Development, Academic Foundation, New Delhi.
  30. Census of India (2011): www.censusindia.gov.in.
  31. Chattopadhyay, A. (2004): “Population Policy for the Aged in India”, Economic and Political Weekly”, Vol. 39, No. 43, pp. 94-96.
  32. Gokhale, S.D. (2003): “Towards a Policy for Ageing in India”, Journal of Aging and Social Policy, Vol. 15, No.2/3, pp. 213-214.

Publication Details

Published in : Volume 1 | Issue 1 | November-December 2018
Date of Publication : 2018-03-20
License:  This work is licensed under a Creative Commons Attribution 4.0 International License.
Page(s) : 214-220
Manuscript Number : GISRRJ1811329
Publisher : Technoscience Academy

ISSN : 2582-0095

Cite This Article :

Dr. Krishna Kant Dwivedi , "Maintenance and Welfare of Parents : An Overview", Gyanshauryam, International Scientific Refereed Research Journal (GISRRJ), ISSN : 2582-0095, Volume 1, Issue 1, pp.214-220, November-December.2018
URL : https://gisrrj.com/GISRRJ1811329

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