MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007: A CRITICAL ANALYSIS OF LEGISLATIVE OBJECTIVES AND ENFORCEMENT MECHANISMS

Abstract

The demographic change in India has increased the susceptibility of elderly individuals through faster demographic change in the country characterized by higher life expectancy and the collapse of traditional joint family setups. The Indian legislature had come to understand the increasing neglect, abandonment, and financial insecurity of the elderly citizens thus the enactment of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The law is meant to offer an easy, fast, and efficient way of ensuring maintenance and welfare of parents and elderly citizens, as well as safeguarding their life and property. Although the Act is progressive in its intention, the reality of its practical implementation shows that there are serious challenges of enforcing the Act, institutional capability, delays in the procedures, and ignorance. The paper is a critical review of the legislative goals of the 2007 Act and the effectiveness of the enforcement agencies. The research pinpoints the discrepancies between the intent of the legislation and realities on the ground through the analysis of the doctrines and judicial interpretation and recommends the reforms of the legal framework to ensure the welfare of the elderly in India.