ELDER ABUSE AND IT’S LEGAL CONSEQUENCES

ELDER ABUSE AND IT’S LEGAL CONSEQUENCES.

INTRODUCTION:

Abuse is characterized by the ongoing mistreatment of one individual by another, and it can affect anyone, irrespective of their age, gender, or race. It may manifest as both physical and emotional harm, and it is important to recognize that abuse can be perpetrated by both strangers and individuals within one’s inner circle, including close friends and family members.

Elder abuse, in particular, encompasses actions that harm, mistreat, or exploit older individuals through sustained acts of cruelty, which can range from physical violence and verbal harassment to even encompassing financial exploitation and deprivation of their basic needs.

Abuse can occur in various settings, including within the confines of one’s own home at the hands of a family member, as well as in nursing homes or hospitals, where relatives or caregivers may be responsible. While elder abuse can transpire in a variety of contexts, it is important to note that a significant proportion of cases take place within the familiar and supposedly safe environment of an elder’s own residence, perpetrated by their own children, other family members, or relatives

UNDERSTANDING VARIOUS FORMS OF ELDER ABUSE:

Elder abuse can manifest in various forms, extending beyond physical violence and verbal harassment to include financial exploitation. This may involve the wrongful acquisition of an elder’s hard-earned money through theft, check forgery, or the withholding of access to financial resources and information. Additionally, elder abuse can take the form of abandonment, where vulnerable seniors are cast aside and labeled as burdens when they are unwell and in need of proper care and nourishment. Neglect is another facet, wherein an elder’s physical, emotional, and social needs are disregarded, leading to the denial of essential healthcare and the placement of elderly individuals in old age homes purely for the sake of their assets and finances.

Such maltreatment can affect older individuals anywhere, even within the confines of their own homes, illustrating the need for heightened awareness and intervention to protect their rights and well-being.

According to data reported by The Hindu newspaper, there has been a staggering 251% increase in cases of elder abuse during the COVID-19 lockdown period. In the years 2020-2021 and 2021-2022, there were 193 and 229 complaints of elder abuse, respectively. However, in the year 2022-2023, the number of reported cases surged to 575 within the city.

The predominant forms of abuse reported were verbal abuse, comprising 35% of the cases, followed closely by physical abuse at 30%. These instances of abuse were primarily motivated by property-related issues, financial disputes, or conflicts within the family.

The data further reveals that in a significant proportion of cases, approximately 52.19%, the primary perpetrators of elder abuse were identified as the sons of the elderly individuals.

The World Health Organization (WHO) has estimated that approximately 1 in 6 older adults in India, which equates to nearly 36 million individuals, experiences elder abuse. However, this figure is believed to represent only a fraction of the actual cases, as the majority often goes unreported due to a myriad of factors, with a significant contributor being the lack of awareness. (This information is sourced from The Deccan Chronicle, an Indian English daily newspaper).

JUDICIAL CONSEQUENCES FOR OFFENDER:

Understanding the global and Indian context of elder abuse necessitates a thorough exploration of the legal framework established to safeguard the rights and welfare of elderly citizens. In India, a series of laws and legal provisions have been enacted for this purpose. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, place a legal responsibility on adult children to provide maintenance and support to their elderly parents, thereby ensuring their well-being.

Additionally, the Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, offer explicit guidelines on the procedures for lodging complaints and seeking maintenance under the aforementioned Act. While not a statutory law, the National Policy for Older Persons, 1999, articulates the government’s dedication to addressing the social, economic, and emotional needs of older individuals.

Moreover, India has introduced programs and schemes, such as the National Program for the Healthcare of the Elderly and the Indira Gandhi National Old Age Pension Scheme, which contribute significantly to the welfare of elderly citizens. Furthermore, the Code of Criminal Procedure, 1973, notably in Section 125, indirectly encompasses the provision of interim maintenance for elderly parents, thereby ensuring their economic security.

CONCLUSION:

In conclusion, safeguarding the rights of older individuals and preventing the exploitation, abuse, and neglect they may be susceptible to is of paramount importance. Their vulnerability and potential for mistreatment necessitate that they receive the care and nourishment they rightfully deserve. Effecting positive change in society requires increasing awareness among the elderly about the relief and protection available to them under various legal provisions.

SOURCES:

Author:- PRIYANJALI ANTHONY, a Student of MEWAR GROUP OF INSTITUTIONS

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