Rights in the autumn of life

The population of elderly in India is expected to rise to 12.5 per cent in 2025. Those preparing for retirement should know their rights
Rights in the autumn of life

Will you still need me; will you still feed me, when I’m sixty four? – Beatles While attending church services recently, an aunt remarked that it is no longer mandatory for me to remain standing throughout the Holy Eucharist except when the ‘Evangelion’ (Gospel) is being read out. That sounded like music to my ears, the youngest entrant to the 60-plus club. I understand that churches have now announced a slew of measures to ease the tedium of prolonged worship, especially now that the population is slowly but decisively greying. I am sure that such concessions are given in India’s varied communities.

Once it was thought to be a grave concern only of the developed nations. But India is now following a similar trajectory. The proportion of elderly, formally defined as those above 60, was estimated at 5.6 per cent of the population in 1971. In 2007, it hovered around 7.5 per cent and is predicted to be 12.5 per cent, or about 1 in 8 by 2025. Another pertinent statistic, in fact a more refined measure, is the ‘old-age dependency ratio’. This is the number of those above 65 divided by those between 15 and 60 or roughly the number of elderly people, divided by the number in the workforce. In 2001, it was 11.9 per cent, and it is projected to be 28.2 per cent by 2050 for the whole of India. This will be more significant in the rural areas. Among the elderly, there are more women than men. On the other hand, in the younger population, there are more men.

Thus we have a crisis of gargantuan proportions on our hands. As early as 1956, the Hindu law (and a similar one for Muslims) made a statutory provision for the elderly—maintenance of parents by their children (sons as well as daughters). And there were provisions for the elderly, but under the Directive Principles of State Policy. In 1973, for the first time, a provision was introduced in the code of criminal procedure. Here again, parents had to approach the court and the onus was on them to prove that the other party has sufficient funds and has refused to provide for them. The big breakthrough for the elderly came when Parliament passed the Maintenance and Welfare of Senior Citizens Act in 2007.

The Bill seeks to make it a legal obligation for children (also grandchildren and heirs) to provide maintenance for senior citizens. It includes in its purview all Indian citizens, including those living abroad. Following this, state governments have set up maintenance tribunals, one or more in each subdivision. Appellate tribunals are being set up at the district levels. Unlike approaching the courts, the procedure for filing petitions is simpler. Moreover, voluntary organisations and the tribunals can file petitions for the aggrieved. Along with these came two schemes: Reverse Mortgage and National Pension Scheme (NPS).

In reverse mortgage, the senior citizen borrower mortgages their house to a lender, who then makes a periodic payment to the borrower(s) during the latter’s time. In simple terms, it is the opposite of a conventional home loan. The ceiling limit is `1 crore. There is a provision for disbursement of up to `15 lakh in case of emergencies. The maximum tenure is 15 years, but you do not have to pay the loan during your lifetime. A reverse mortgage becomes due when the last surviving borrower dies, or if the original owner chooses to sell the property. The bank first gives the option to the next of kin to settle the loan and accrued interest and buy the property.

Under NPS, every subscriber is to have an individual pension account, portable across job changes. The scheme would like to bring in everyone, including those in the unorganised sector. The amount which would also include income on investments will be available when a citizen is 60 with at least 40 per cent to be converted to monthly payments for the rest of their lives. NPS is yet to take off well, though at present it offers a small amount as monthly pension to the marginalised.

There are parallel efforts such as increased interest rates, reduced charges and preferential berth allotments in the Railways, seats reserved for the elderly in buses and other modes of public transport, accessible toilets, and of course, even more ease in places of worship.

But what about mental wellbeing in the autumn of one’s lives? A virtual avalanche of articles and research publications has come out about this issue in the past two decades. The consensus is that remaining connected to other people is the most important factor. Both the government and
the society seem to be putting in some effort, albeit rather feebly.

Our country is vast but resources are meagre, and changes come slowly. Shouldn’t we the elderly do some things by ourselves? Building friendships with peers is not something one can start at the twilight of their lives. We have to change our mindset even while we are at our peak and aspiring to climb up the social ladder. Time set aside for friendships and altruism will fetch bountiful rewards late in life.
Life as senior citizen reminds me of Allama Iqbal’s lines, “Between serf and lord, needy and rich, difference there was none. When they appeared in Your court, they came as equals and one.”

Are all the elderly aware of their rights? As women have gradually become aware of their rights, those preparing for retirement too should take note and be assertive about their rights. This is equally important. Going to holy places and doing sanyas during the last few years may be the choice of a minuscule minority, but I am afraid it’s not the right prescription for all and sundry.

Dr P K Kuruvilla
A practising psychiatrist
Email: kuruvilla2004@gmail.com

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