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Know Your Rights: Senior Citizens

The quote by Louis XIV “It is legal because I wish it” persists in a present-day contemporary democratic eon. There are certain signs and characterized rights endorsed to the senior citizens residing in India, but the legal attention and consciousness of these rights have been a mere concern of the legal bodies. There are absolute rights that cannot be restricted by the state and rights which are not absolute, can be restricted only by state but only to a narrow stretch. The power of curbing an individual’s rights only resides with the state and no other authority is empowered to exercise such powers. There are certain laws that are prescribed by the state and it is necessary that the senior citizens also have cognizance and information about them. The following are some of the fundamental and statutory rights which have been acknowledged to every senior citizen residing in India considering their situation, latitude, and wellness;

  • Section 88-B, 88-DD, 88-DDB, Income Tax Act of India,1961: This provision of the specific legislations targets at providing senior citizens a subsidy on the amount of tax paid by them

  • Maintenance and Welfare of Parents and Senior Citizens Act, 2007: This legislation aims at providing senior citizens the requisite maintenance needed by their children the reason being provided for the same- inability to maintain themselves on their own.

  • Section 20, Hindu Adoption and Maintenance Act,1956: This act is special legislation that aims at providing maintenance to senior citizens belonging to the Hindu religion.

  • National Policy for Older Persons,1999: A provision of this legislation intends at providing a discount or compromise in 45% of the booking amount while flying through the economy class.

  • Article 41, Constitution of India: This provision aims at providing the essential employment, education, and public aid to the senior citizens. The only detriment of this provision would be that this is a part of the Directive Principle of State Policy under Chapter IV of the Constitution of India and cannot be enforced in the courts.

  • Article 46, Constitution of India: This provision provides that the state shall harmonize with extraordinary care the academic and financial enthusiasm of the weaker section of the society.

Many provisions like these have been administered in the statutory bodies because recent data shows that More than 70% of the senior citizens residing and belonging to India are victimized by harassment and bullying by their own relatives’ children or family members. The primary aim of these rights has always been provided to ensure harmony in the society.


Anshit Minocha.

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