Highlight the key features of the Maintenance and Welfare of Parents and Senior Citizen Draft Bill, 2018.

 

Approach:

  • Introduce the Maintenance and Welfare of Parents and Senior Citizen Draft Bill, 2018
  • Highlight the salient features of the Maintenance and Welfare of Parents and Senior Citizen Draft Bill, 2018.
  • Conclude appropriately
Model Answer :

To stop abuse, abandonment and neglect of older people, the Ministry of Social Justice and Empowerment (MoSJ&E) has formulated a draft Maintenance and Welfare of Parents and Senior Citizens (MWPSC) Amendment Bill, 2018.

Key Features of this bill are as following:

  • Protecting property: If parents transfer property to their children on the condition that they take care of them, and this clause is breached, the transfer of property will be deemed to be “made by fraud or coercion or under the undue influence” and a tribunal can order it to be transferred back to the parent.
    • The bill also bars senior citizens’ caretakers from selling of the property without the consent of their parent or senior citizen.
  • Punishment: Jail term is extended to 6 months for children found abandoning or abusing their parents, 60 years or older.
  • Tribunals: The Act mandates states formation of tribunals for every sub-division of a district to look into the grievances of senior citizens.
  • Care centres: The Bill makes it mandatory for the government to set standards of care for senior citizens care centres and multi-service day care centres.
    • The bill requires the government to establish and run at least one Senior Citizen Care Home in every district in the country.
  • Expanded definition of Maintenance: The definition of maintenance has been expanded beyond the provision of food, clothing, housing, health care to include “safety and security” of the parent.
    • If children neglect or refuse to maintain parents, the Maintenance Tribunal can award monthly allowance to be paid to the parents by the children.
  • To ensure uniformity across different schemes for the benefit of elderly, the bill proposes the age to be eligible to be “senior citizen” as 60 years (or above).

The draft Maintenance and Welfare of Parents and Senior Citizens (MWPSC) Amendment Bill, 2018 seems promising as it follows a rights-based approach for the senior citizens so that they may lead a life of dignity