MWPSC Act- A Ray of New Hope for Senior Citizens of J&K

Sajad Bashir Somberia
In India, as per Census 2011, senior citizens comprise 8.57% of the total population and projected population of Senior Citizens by the year 2026 is 12.4%. But it is really disheartening to note that the senior citizens are mostly neglected, become desolate and find it very difficult to eke out their livelihood. In concern of care and protection of senior citizens, the Government of India has enacted The Maintenance and Welfare of Parents and Senior Citizens (MWPSC) Act in 2007 to ensure need based maintenance for parents and senior citizens and their welfare. It helps in the protection of rights of senior citizens of UT of J&K. Nevertheless, it is very unfortunate to see that government needs to enact a law for this purpose because it is moral duty of children to care for their parents/senior citizens. However, due to withering away of joint system, fast changing socio-economic conditions and emergence of nuclear families, a large number of elderly people are not being looked after by their family. Consequently, many older persons, particularly widowed women are now forced to spend their all twilight years all alone (they are being sent to Old Age Homes to spend their rest of life there) and are exposed to emotional neglect and to lack of care and support. It is, therefore, mandatory that we as a community should understand our moral duties towards the senior citizens which will help in the welfare of senior citizens.
Under this Act, parents can opt to claim their maintenance from their children/Grand children and even childless senior citizen can claim maintenance via tribunal. Any senior citizen who has transferred by way of gift or otherwise, his property, subject to the condition that the transferee (children/Grand-children/relative) shall provide the basic amenities to the transferor (Senior Citizen), if, such transferee refuses or fails to provide such amenities, then, the said transfer of property shall be deemed to have been made by fraud or coercion. Further, senior citizens who do not have children or grand-children can claim maintenance from a relative who either possesses their property or who will inherit their property of the senior citizen after their death.
Earlier, the Act mandates that the maximum maintenance paid will be Rs. 10,000 per month. However, an amendment has been made under this MWPSC Amendment Bill, 2019, which removed the cap of Rs. 10,000 as maximum maintenance charge. Now, the maintenance amount is determined by the needs of the claimant. Violators of the law could be punished with a minimum fine of Rs. 5,000 or three months jail term or both. Now, sons-in-law, daughters-in-law too could be strictly arraigned if they neglect to take care of senior citizens in a well manner. For the implementation of this act, the State Government is authorized to designate the District Social Welfare Officer or Maintenance Officer. Under this Act, hospitals shall provide preferential treatment to senior citizens like separate queues, treatment, offering medicines and also promotion of research in the geriatric medicine. This Act also provides for the establishment of old age homes for the senior citizens by the concerned state governments.
We strongly believe that this Act is a welcoming Legislation as it ensures speedy, inexpensive proceedings and expected to generate a sense of responsibility among youth towards the senior citizens.
(The author a KAS Officer, is presently working as District Information Officer Udhampur)
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