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Legal Rights & Protection of Senior Citizens.

Home Utilities Legal Rights & Protection of Senior Citizens.

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TOPIC 3.

"Important Info"

Important Information For Senior Citizens Compiled from Various Sources.
Read And Know Your Rights

The information is compiled from various sources including Government Sites which may be useful for every Sr Citizen. I am trying to update this Section soon and will provide Direct links and Procedure whereever possible.

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FIRST SECTION

Legal Rights & Protection

Maintenance and Welfare of Parents and Senior Citizens Act, 2007: Mandates children and legal heirs to provide financial and emotional support to elderly parents.

1. Right to Maintenance

  • Children (including biological, adopted, and stepchildren) and legal heirs are legally bound to provide financial support and care to senior citizens (60 years and above).

  • If they fail to do so, senior citizens can approach a Maintenance Tribunal for relief.

  • Parents and senior citizens can claim a monthly maintenance amount (up to ₹10,000 as per state rules).

2. Protection of Property Rights

  • Senior citizens can reclaim property if it was transferred to children or heirs under the condition that they would be cared for but were later neglected.

  • Courts can declare such property transfers null and void.

3. Establishment of Old Age Homes

  • The Act directs state governments to set up old age homes for indigent senior citizens.

  • These homes should provide basic amenities, including food, medical care, and shelter.

4. Healthcare Benefits

  • Senior citizens are entitled to priority medical services at government hospitals.

  • State governments must ensure separate queues, dedicated wards, and free or subsidized medical treatment.

5. Legal Support and Speedy Justice

  • The law mandates that cases involving senior citizens should be resolved within 90 days.

  • No court fees are required for filing a maintenance claim.

6. Abandonment as a Punishable Offense

  • Abandoning senior citizens by their children or caretakers is a punishable offense.

  • It can lead to imprisonment of up to three months or a fine of ₹5,000, or both.

7. Senior Citizen Tribunals :

Allows elderly individuals to claim maintenance if neglected by their children or legal heirs. The Bench of this Tribunal is located in Nagpur.

8. Protection under IPC :

Sections 125 (maintenance), 302, 304, 306, 339, 340, 345, 357, and 358 of IPC provide legal protection against abuse, abandonment, and violence.

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