A study is being conducted by HelpAge India in Thiruvananthapuram district to look into the The Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
In Kerala, the Ernakulam leg of the four-State study titled ‘Efficiency and efficay of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007’ is complete. Two districts each in Punjab, Haryana, Kerala, and Tamil Nadu are being covered, HelpAge India consultant R. Gopakumar says.
The study, he says, is a ‘360 degree analysis’ which involves meeting Union and State government officials and petitioners. As many as 160 beneficiaries will be covered.
Though the Act was passed in 2007, there is not adequate awareness of it. Funds are earmarked for outreach programmes to create awareness, but are not used. Consequently, only people in urban areas seem to be aware of the Act.
"It is a good Act as it makes it legally binding on children or relatives to look after the elderly," he says.
Among its other positives is that parents can approach the Maintenance Tribunals set up under the Act and claim up to Rs.10,000 a month in maintenance from children or in their absence from relatives. There is a 90-day limit during which cases should be disposed of, and cases do not require the involvement of lawyers.
On the ground though, lack of awareness means more often than not when faced with trying circumstances, the elderly approach lawyers who nudge them towards the tribunal, and help in filing petitions, he says.
However, there is delay in disposal of cases as a good number of them relate to property. “Property cases should be separated for the Maintenance Act to become really effective,” Mr. Gopakumar says.
Non-appearance of parties who are not in the country leads to delays as matters have to be routed through embassies. Often, both the parties may not turn up.
There are also instances where petitioners go to the High Court though they have already approached the tribunal. “The court may not be aware of this. There has to be a mechanism whereby such cases are sent back to the Collector.”
"In cases where maintenance is not deposited by the 10th of each month through banks despite the tribunal's order, we will recommend to the Collector that standing instructions be issued to banks to transfer money into parents’ accounts automatically or defaulters be punished with three month’ jail,” he says.
Besides infrastructure, the study will also look into whether there are adequate, dedicated and well-informed staff to handle the cases that reach the tribunal and assess their training needs. “Even the top officials concerned are often not aware of all aspects related to the Act,” he says. Documentation is also inadequate.
