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NCOP Recommends Maintenance
from Children for Elderly
Malayala Manorama
India
September 27, 2005
Social Justice and Empowerment Minister Meira Kumar on Tuesday said that the Central Model Legislation for Older Persons is aimed to ensure minimum level of financial security, provision of old age pension, and setting up of at least one old age home in each district and a geriatric ward in each district hospital.
Inaugurating the first meeting of the National Council for Older Persons (NCOP) here, the Minister said that legislation will enable the parents to reclaim the property given to their children in case they fail to take care of them. ''We want to create a social milieu which is conducive and sensitive to emotional needs of the elderly,'' she said.
The Minister said that the draft legislation had generated a lot of interest and we are getting support for it. She expressed hope that the bill would be introduced in Parliament during the Winter Session provided all States send in their suggestions on time. Twelve states have so far expressed their support to the bill.
The meeting recommended that the proposed bill will have provision for single appeal before the District Magistrate against the Tribunal's award for granting maintenance to elderly by their children.
The model legislation among other things, provides for setting up of Tribunals at Sub-Divisional level headed by SDM where the elderly can apply for claiming maintenance from their children including adopted/step children and grandchildren.
Supporting the legislation, the NCOP recommended that the aggrieved person may him/herself file complaint or authorise somebody for this purpose. The Tribunal may also take suo moto notice.
However, lawyers would not be involved at any stage in the entire process to speed up decisions on applications. The Members said that emphasis should be on conciliatory efforts as the purpose of the legislation is not to adversely affect family relations. These suggestions were accepted.
Social Justice and Empowerment Secretary Sarita Prasad said that India is home to the second largest elderly population in the world. 80 per cent of them live in rural areas and majority among them live below poverty line. She said the focus is on ensuring better health care and financial security for the elderly. She said that Social Justice and Empowerment Ministry provided Rs. 15.68 crore as financial assistance to 444 NGOs for running 338 old age homes, 241 day care centres and 45 mobile medicare units during 2004-05.
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