UP govt may give senior citizen right to legally evict children

UP govt may give senior citizen right to legally evict children

Subject: Polity

Section: Legislation in news

Context: UP govt may give senior citizen right to legally evict children

More about the news:

• The government of Uttar Pradesh is considering amending state rules under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to provide legal rights to parents and senior citizens.
• This amendment would empower senior citizens to evict their children or relatives from their homes if they fail to provide financial support for their well-being.
• The proposal has been sent to the state Cabinet, with expected approval.
• Under these proposed changes, senior citizens could take action to forcibly evict individuals residing in their homes, including children and relatives, if they are not receiving the necessary financial support.
• This eviction process would be carried out by local tribunals for senior citizens, without requiring court intervention, and a 30-day notice would be given to the individuals to vacate the property.
• If they fail to comply, the local police force will be employed to assist with the eviction.
• These amendments aim to strengthen the rights of senior citizens to ensure their financial support and well-being.

What is Maintenance and Welfare of Parents and Senior Citizens Act, 2007:

• The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a legislative initiative of the Ministry of Social Justice and Empowerment, Government of India.
• The primary objective of this legislation is to establish more effective provisions for the maintenance and welfare of senior citizens and parents.
• It legally mandates that children and heirs are responsible for providing monthly allowances as maintenance to senior citizens and parents.
• The Act also aims to create a straightforward, expeditious, and cost-effective mechanism for safeguarding the lives and property of older persons.
• Following approval by the Parliament of India, the Act received Presidential assent on December 29, 2007.
• The first case under this Act was filed in November 2011 by Siluvai (age 84) and his wife Arulammal (age 80) of Tuticorin. They filed the case against their son and daughter-in-law for neglect, in addition to allegations of taking away their two homes and gold jewelry.
• The Act establishes the Maintenance Tribunal to provide speedy and effective relief to elderly persons.
• Section 19 of the act also mandates the establishment of an old age home in every district and provides for the protection of life and property of the elderly.
• Parents can opt to claim maintenance either under Section 125 of the Criminal Procedure Code, 1973 or under this Act but they cannot opt for both.
• State governments shall set the maximum monthly maintenance allowance. The Act caps the maximum monthly allowance at Rs 10,000 per month.
• Punishment for not paying the required monthly allowance shall be Rs 5,000 or up to three months imprisonment or both.
• India is a signatory party of the Vienna International Plan of Action on Ageing, 1982, and the United Nations Principles for Older Persons, 1991, and All have advocated for legislative and policy measures to protect older individuals, including the Madrid International Plan of Action on Ageing, which was published in 2002 and enhance their well-being.