Importance Of Senior Citizen Act For Seniors.
With age physical , mental as well as economic perceptions changes which change an independent person to a dependent person. Thus there is a great need to provide some rights to the elders of the society however it is the moral duty of a person to look after his parents.
A person who has crossed the age of 60 need proper care and medication which should be given by his/ her children and relatives . However we have seen that parents are often treated as burden so law has provided remedies for senior citizens who are not treated well.
A person who has crossed the age of 60 years is regarded as senior citizen . However there are many sectors of the society who protect the rights of senior citizens still the Indian government too provides concession for senior citizens.
Our Constitution of India provides for right to work , to education and to public assistance in certain cases under Article 41 which is also applicable to senior citizens.
Rights Available to senior citizens.
The rights available to senior citizens are:
- To have Maintenance by children and relatives.
- To have proper medical facilities.
- To have social security and integrity.
- To protect themselves against exploitations and ill treatment by others.
According to Section 20 of Hindu Adoption and Maintenance Act ,1956if parents are unable to maintain themselves they can claim maintenance from their son as well as daughter.
Natural as well as adoptive parents are entitled to have maintenance.
Step children are not entitled to maintain their step parents if they have their own children.
Son as well as daughter are bound to maintain their parents under Muslim law if they are poor and their children have means to do so .
However law is silent on the maintenance of adoptive parents.
Christian and Parsis law have no provision for the maintenance of parents . The Christian and Parsis parents have to claim it under Code of Criminal Procedure.
Code of Criminal Procedure.
Section 125 of CRPC states that parents of any community can claim maintenance from their children if they cannot maintain themselves and their children have sufficient means to maintain them.
Maintenance and welfare of parent and senior citizens act,2007.
- Senior citizen can claim maintenance from their relative who possess their property or who would inherit it if senior citizen is childless.
- A tribunal is constituted by state government to hear cases regarding maintenance.
- If person don’t follow the order of tribunal of payment of maintenance there is a provision of imprisonment.
- Appeal to the appellate tribunal can be made against the order of tribunal within 60 days period.
- Tribunal has a right to conduct a summary.
- A legal practitioner can not be engage by parties to cut the cost of proceedings.
- At least one old age home in each district with shelter holding of 150 senior citizens must be established.
- With the help of tribunal a senior citizen can cancel the transfer of his property by will or gift.
- A person who abandon his parents or senior citizen despite who is liable to take care of them has to undergo punishment prescribed under the act.
Senior citizens get some benefits under tax laws:
- Senior citizens are above 60 years of age and super senior citizens are above 80 years of age .
Senior citizens and super senior citizens have to pay different tax rates .
Tax free for Senior citizens who have income up to 3 lakhs and super senior citizens who have income up to 5 lakhs.
If senior citizen has income of 3-5 lakhs the person has to pay 10% of income tax.
- Section 80 of Income Tax Act,1961 states senior citizen gets 20,000 deduction for payment of medical insurance premium.
- Senior citizen who do not have business income have to pay only self assessment tax and not advance tax.
- For the treatment of specified ailment under Section 80D there is a deduction of 60,000 for senior citizens.
- A senior citizen is exempted from paying income tax on the account a person received under reserve mortgage scheme.
- In railway senior citizens get 30 % and 50% concession
- National carrier and Air India provides concession up to 50 % for male senior citizen above 65 years of age and female senior citizen above 63 years of age.
- Social justice and empowerment for senior citizen was set up.
These rights and scheme help a lot to take care of elderly person and solve their problems.
This post is written by Bharti Sharma of HP University Shimla. For any subject specific legal advice, please dial 7888-356908.