Legal Protections For Older Adults

Author: Simran Shirvoikar, kle’s society law college, Banglore

Abstract
Elderly people and senior citizens both of these terms are used as synonyms. All over the world there are different cultured people that are present and all are given some rights and also they have certain human rights which are given to them from birth time, though these rights play an essential role but still they are not protected and hence a lot of issues are being faced.  Elders rights encompass the protection of elders from abuse, ensuring access to healthcare, providing financial security, and promoting social inclusion. Respecting and upholding these rights is essential for maintaining the dignity and well-being of older individuals, who have contributed significantly to society throughout their lives.

Introduction
When rights come into picture there are various rights that are provided to all human beings in this entire world; it may be elders,childrens or adults. From birth to death, individuals are entitled to a range of rights that ensure their well-being and dignity throughout their entire lives. Elders’ rights are a fundamental aspect of human rights that aim to protect and uphold the dignity, well-being, and inclusion of older adults in society.Rights given to elders are very crucial but still they are always overlooked by our society and even their rights are the most unprotected onces in our complete human cycle. Even when we look at the provision given in the Indian legislature, before 2007 there were no specific laws that were being used for protecting the rights and needs of older people. Aging is an inevitable part of life that everyone will experience. As parents grow older, they face various challenges and develop new ways of thinking and living. These changes can lead to conflicts with younger generations, increasing the risk of mistreatment and neglect towards elders.

Defination
In India, the national human rights commission recognizes old age as a social perception rather than biological stage and the basic purpose why this terminology is defined is to provide various benefits which are made by the government  to all the people who fall in this category. Hence the definition of old age varies across different legislations and policies, each addressing specific aspects related to the elderly.
National policy for older person,1999
Any person who has attained the age of 60 years or above is considered as an old person by the government of India.
Maintenance and welfare of parents  and senior citizens act,2007
According to Section 2(h),  “Senior Citizen means any person being a citizen of India, who has attained theage of sixty years or above”.

Human Rights available to the Elderly people
General Rights
Elderly individuals are entitled to a wide range of general human rights that ensure their dignity, respect, and well-being.These rights are grounded in principles of equality and non discrimination, recognizing the valuable contributions that older adults make to society and ensuring they live their later years with the same respect and opportunities afforded to all age groups.few of the general rights are :
Right to Life and Liberty
Right to Adequate Standard of Living
Right to Dignity
Right of Equality and there shouldnt be any discrimination
Right to provide Equal Opportunity
Freedom of Expression and Access to Information
Right to Education
Right to work and employment
Right to Privacy
Right of Participation
Right to peaceful enjoyment of possessions

Specific Rights
Elderly individuals are entitled to specific human rights that address their unique needs and vulnerabilities and these specific rights are essential for safeguarding the well-being and quality of life of older adults.few of specific rights are:
Right to freedom from Ageism
Right to Health
Right to Housing
Right of Social Security
Right of Protection against Elderly Abuse
Right to Care and Assistance Right of Independence and Self-fulfilment

Legal protection given to elderly people under different legislature
The rights of older people were first recognized internationally and inspired by this India also began to acknowledge and uphold the human rights of the elderly. They also considered the need thats this rights need to be protected and should be known to all and hence indian government made various efforts to protect and promote this rights through various legisaltions, policies and schemes
Constitution of India
The Indian Constitution is regarded as the supreme law of the land which safeguards the rights and freedoms of all individuals, including the elderly people. It ensures that the rights of older adults are protected, people value their dignity and security and provide equality under the law. The constitution provisions that are relevant to elderly people are:
Article 41
The State shall, within its economic capabilities and development, ensure effective measures to secure the right to work, education, and public assistance in cases of unemployment, old age, illness, disability, and other situations of undue hardship.
List III of schedule VII entry 24
The welfare of labor encompasses working conditions, provident funds, employer liability, workers’ compensation, disability and old age pensions, and maternity benefits.
There are provisions even laid out in fundamental rights that highlight the rights of elders, except for Articles 21A and 24, which specifically address children’s rights.
Hindu law
Part IX chapter III Section 20 of Hindu Adoption and Maintenance act, 1956
Under this act, a Hindu is required to support his or her legitimate or illegitimate child, elderly parents, or affirm parents, as well as an unmarried daughter. This duty is not only the responsibility of the son but also the daughter, particularly when the parents cannot support themselves through their income or other sources or property.
Mohammedan law
Under Muslim law, children (son or daughter) have a duty to support their elderly parents. Under Hanafi law, it is a mandatory obligation for children to care for their parents.
According to Mulla:
(a) Children who are financially stable are obligated to maintain their parents, even if the parents can earn some income themselves.
(b) A son, even if facing financial difficulties, must support his mother if she is poor, regardless of her physical condition.
(c) A son who is earning, even if only modestly, is required to support his father if the father has no income.
Criminal law
Under section 125 of the code, it is the children’s duty to support their parents in times of need. Both sons and daughters, including those who are married, are responsible for their parents’ maintenance.
Maintenance and welfare of parents and senior citizens act,2007
Parents and grandparents who cannot support themselves have the right to claim maintenance from their children. For childless individuals, specified relatives are responsible for their maintenance. In essence, children or the designated relatives must meet the basic needs of the elderly parents, provide care in their old age, and ensure they live a normal life without deprivation or neglect of fundamental necessities. If any of the people violates these laws, would be punished by 3 months imprisonment or 5000 fine or both.

Conclusion
Elderly people deserve all respect, care, and support to lead dignified lives. It is crucial to recognize their rights and ensure that they have access to all necessary resources, including healthcare, social security, and emotional support. Both family and society share the responsibility to take care of the elderly people, providing them with a safe and nurturing environment. Laws and policies must be in place to protect their rights and address their unique needs. Ultimately, valuing and supporting our elders enriches the entire community.

FAQ’s
Which all are the rights that are given to elderly people?
There are certain general and specific rights that are given to elderly people and even there are certain rights that are given through fundamental rights which are mention under the Indian constitution and also there are policies and certain act brought up to protect and improve the rights of elderly people. 

Which all are the provisions through which elderly people can seek for protection of rights?
There are few provisions that are given to elderly people which can be used by them and take legal protection. Privions are :
Through Indian constitution
Personal law it may be hindu law or mohmedan law
Under sec 125 of criminal procedure code
Maintenance and welfare of parents and senior citizens act,2007

Which all are the general and specific rights of elderly people?
General rights are
Right to Life and Liberty,  Right to Adequate Standard of Living, Right to Dignity
Right of Equality and there shouldnt be any discrimination, Right to provide Equal Opportunity , Freedom of Expression and Access to Information,
Right to Education,  Right to work and employment, Right to Privacy , Right of Participation and Right to peaceful enjoyment of possessions.
Specific Rights
Right to freedom from Ageism,  Right to Health,  Right to Housing,  Right of Social Security,  Right of Protection against Elderly Abuse, Right to Care and Assistance Right of Independence and Self-fulfilment.