Indic literature is replete with instances of children volunteering to fulfill their obligations and duties towards parents. In today’s India, its youth—who have been brought up on the western staple of fervent individualism and absolute freedom—are caught in the throes of this baffling conundrum. So, what has really changed with the churn of the time wheel and how does it affect seniors?
The NSS survey on the condition of the aged, conducted in 2004, revealed that a significant proportion of older adults depend financially and socially on their children and grandchildren. According to the Census 2011, there are nearly 104 million elderly people (aged 60 years or above) in India: 53 million are female and 51 million are male. A survey on elder abuse carried out by HelpAge India in 2015 reports 73% of the younger population accepting that elder abuse exists.
The experience of coming across “instances of elder abuse” is as high as 32.5% among relatives, followed by 21% among friends and 20% among neighbors. With the increasing reach of sustained healthcare and an incremental rise in the average life span across the board, this population is estimated to reach 173 million by 2026.
With it comes the challenge of providing as much of the population as possible with the same quality of life they have been used to in their younger days—or maybe even better. But the data on the rise of abuse and mistreatment casts a dark and damning spell on the future of our senior citizens.
One may ask: what has the socio-political ecosystem of the country done to stem this ignominious rise in exploitation and neglect of the elderly? The Maintenance and Welfare of Parents and Senior Citizens Act (MWPSC) was enacted in 2007 with the aim to resolve the social and financial issues resulting from the rising apathy of heirs towards the elderly.
This Act, while providing economic support and maintenance, leaves most seniors at the mercy of their providers, those in line to their inheritance. The Act was amended in 2019: it expanded the definition of “children” and removed the arbitrary upper limit of Rs 10,000 as the maintenance to be provided to the petitioner. Also, the definition of maintenance and welfare was reconstituted to be more inclusive and in line with the idea of a “dignified life” which encompasses both physical and mental health.
Even after such addendums, this Act remains riddled with hazardous odysseys. By simply relegating the responsibility of the elderly almost entirely to their wards, the state seems to have washed its hands off them. Doling out sums of Rs 200–Rs 500 to the BPL category seniors under the Indira Gandhi National Old Age Pension Scheme seems woefully inadequate and small to maintain a dignified life.
The lack of robust social welfare schemes for the geriatric population remains an elusive feat for the state. Though there are maintenance officers entrusted with effectively smoothening the process of transfer of the welfare sum and other disputes arising in such cases, they lack empowering action in cases where maintenance sums are denied or stopped.
The question of reappeals and repeated objections fall on a sloping edge. Punishment for abandonment and abuse of the senior citizen is almost frivolously ineffectual. Furthermore, the inadequacy of information about their rights and laws as well as inaccessibility to the corridors of justice compound this festering situation.
The MWPSC Act, even with its good intentions, has several shortcomings. It remains within the civil purview, and so legal authorities have an inherent inertia about the same. Tribunals that are needed to settle the dispute of neglecting seniors are largely lacking in many areas. The definition of “abuse” itself is ambiguous, making it difficult to pinpoint the perpetrators.
This is coupled with an indoor “settlement” in most cases. Digital literacy is dismal among our older adults and as a result, they fail to reach out to online helplines/portals. Many older adults are unaware of the provisions of this Act altogether whereas many do not report abuse for fear of legal hassles and lack of action.
This narrative needs to change. The MWPSC is not enough in its own right! Policymakers need to adopt a “no tolerance” policy to elder abuse, similar to that of child maltreatment and intimate partner violence. The Act needs further amendments to prevent, identity and deal with abuse with harsher punishments. Older people need empowerment to report in a receptive atmosphere while law enforcers need to continuously follow up every case of abuse. Media awareness is also a must. On a larger spectrum, we all need to strive to strengthen intergenerational bonds so that the young serve as gatekeepers of healthy and happy ageing.
The causes of elder abuse are multi-fold and not always intentional. Older people with mental health conditions and dementia are more vulnerable. At times, the abuse is more “covert” and passive—the perpetrator may not be aware about it. Hence, dialogues with social workers and physicians are often helpful before legal action. Incorporating such provisions, the MWPSC Act needs stricter implementation. It is the only Indian Act till date for the elderly: hence it indeed needs to be The Act for their protection!
The UN International Decade of Healthy Ageing is 2021–2030. This decade needs us to strive for the human rights of older people, ensuring their dignity and preventing elder abuse—so that India turns into The Nation for Older People.
Dr Debanjan Banerjee
Consultant geriatric psychiatrist, Apollo Multispecialty Hospitals, Kolkata
Dr Mayank Rai
Assistant professor, Department of Psychiatry, Dr. KKBM Subharti Medical College, Dehradun