INTRODUCTION
Old age is a natural stage of life, but many elderly individuals face financial and emotional challenges, particularly when they lack family support. In India, the joint family system earlier provided parents with care and security in old age. However, due to urbanisation, migration, and changing family values, many senior citizens are now neglected or left without proper support.
The Indian Constitution understands the importance of protecting elderly individuals. Article 41 orders the State to look after the cases that include old age, sickness, and disability. This includes welfare measures such as pensions, healthcare services, and support facilities. Schemes like the Indira Gandhi National Old Age Pension Scheme provide financial support to the poor senior citizens in India. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007[1], also states that it is a legal and moral duty of all children and relatives to maintain their elderly parents. These initiatives aim towards ensuring dignity, security, and basic care for senior citizens.[2]
MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZEN ACT, 2007
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is a very important law that protects the dignity and welfare of elderly people in India. It develops a legal framework to support senior citizens by ensuring their financial welfare, access to healthcare, and protection of their property. The Act puts a duty on children and relatives to look after their elderly family members, aiming to reduce cases of neglect, abandonment, and abuse of senior citizens.
The Indian Constitution also acknowledges the need for State involvement in protecting older persons. Article 41, which falls under the Directive Principles of State Policy, directs the State to provide public support in situations such as old age, unemployment, sickness, and disability, within its economic capability.[3]
The MWPSC Act, 2007, draws its spirit from Article 41 of the Constitution. It was introduced to protect the rights and interests of senior citizens and to ensure that they can live with dignity and self-respect. The Act seeks to establish structured and effective steps for the overall welfare of elderly persons in the country.[4]
A parent or senior citizen who cannot maintain himself from his own income or property may apply for maintenance under Section 5 of the Act against his children or legal heirs. Such applications must be decided within ninety days. If the Tribunal’s order is not followed, it may impose a fine or order imprisonment for up to one month, or until payment is made.
The monthly maintenance granted under the Act cannot exceed ₹10,000. During the proceedings, the Tribunal may also order interim maintenance. Any person responsible for the care of a senior citizen who abandons him may face imprisonment for up to three months, a fine of up to ₹5,000, or both.[5]
MAINTENANCE FOR PARENTS UNDER THE CODE OF CRIMINAL PROCEDURE
SECTION 125
The Code of Criminal Procedure contains provisions for the maintenance of parents, in addition to those for wives and children. It provides that when a person who has sufficient means neglects or refuses to maintain his parents, whether mother or father, who are unable to support themselves, a Magistrate may, upon proof of such neglect or refusal, direct that person to pay a monthly allowance as maintenance. The Magistrate decides the amount of maintenance, and it must be paid in the way the court directs.
To claim maintenance under Section 125 of the Code, two essential conditions must be fulfilled. The father or mother must be unable to maintain themselves, and the person from whom maintenance is claimed must have sufficient means but still neglects or refuses to provide support to their elderly parents.[6]
Under Section 125 of the CrPC, both natural or adoptive parents are entitled to claim maintenance from their children, including daughters. A married daughter may also be directed to pay maintenance if she is financially capable and the parents are dependent on her. A stepmother may claim maintenance if she is a widow and has no natural-born children to support her.
An application for maintenance may be filed in either the district where the parents reside or the district where the child resides. The proceedings are held before a Judicial Magistrate of the First Class, who then examines the evidence and state of the case before passing a proper maintenance order.
If the person against whom the maintenance order is passed fails to act accordingly, the court may issue a warrant for recovery of the amount due. If the person fails to pay, the court can recover the amount by attaching their salary or property.[7]
NATIONAL POLICY ON SENIOR CITIZENS 2011[8]
The National Policy for Senior Citizens, 2011, was introduced to point out the growing elderly population, rising poverty among older people, changing family structures, and the increasing need for healthcare. This policy treats people aged 60 years and above as senior citizens, and its main aim is to meet the growing needs of elderly women and senior citizens living in rural or village areas.
This policy encourages a society where all age groups are present, with families being the main support for their parents and supported by the community and government. It helps older people by providing pensions, medical care, insurance, and home-based services, and provides institutional care only when no other option is available.
It aims to protect senior citizens from abuse or ill-treatment, ensuring their dignity and participation and respect in society, supporting them with income opportunities after retirement, promoting saving schemes, and directing states to implement the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, including setting up comfortable living homes for abandoned elderly persons.[9]
CONCLUSION
Protecting senior citizens has become a major concern in India. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, plays an important role in providing financial and emotional support to the elderly.[10] Other laws, such as the Criminal Procedure Code and personal laws, also help with protection against neglect, abuse, and exploitation.
However, many elderly people still face problems like abandonment, ill-treatment, and lack of financial security. Poor awareness of the law, slow justice, limited funds for old-age homes, and weak enforcement reduce the effectiveness of these protections.
Even though India has strong laws to protect senior citizens, there is still a large gap between what the law promises and what actually happens on the ground. Many elderly people are unable to fully benefit from these legal protections due to limited awareness, weak enforcement, and practical difficulties. Courts have helped to protect the rights of elderly people, but the process of seeking legal remedies is often slow and expensive; as a result, they cannot provide timely support to senior citizens.[11]
Author(s) Name: Soumali Majumdar (Heritage Law College)
References:
[1] Maintenance and Welfare of Parents and Senior Citizens Act 2007
[2]Dr Rupali Shyam Jamode, ‘The Maintenance and Welfare of Parents and Senior Citizens in India: A Comprehensive Analysis’ (2025) 2(7) International Journal for Legal Research and Analysis 13, ISSN 2582-6433 < https://www.ijlra.com/details/the-maintenance-and-welfare-of-parents-and-senior-citizens-in-india-a-comprehensive-analysis-by-dr-rupali-shyam-jamode > accessed 18 December 2025
[3] Constitution of India 1950, art 41
[4] SS Rana & Co, ‘Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Key Provisions’ (Lexology 20 December 2023) < https://www.lexology.com/library/detail.aspx?g=c7260fdc-2b85-4f44-abe1-5a593a288aee > accessed 19 December 2025
[5] Social Welfare & Women Empowerment Department, The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Government of Tamil Nadu) <https://www.tnsocialwelfare.tn.gov.in/en/social-legislations/the-maintenance-and-welfare-of-parents-and-senior-citizens-act> accessed 19 December 2025
[6] Code of Criminal Procedure 1973, s 125
[7] LawRato, ‘Maintenance and Welfare of Parents; All you Need to Know’ (LawRato 10 June 2025) < https://lawrato.com/indian-kanoon/family-law/maintenance-and-welfare-of-parents-all-you-need-to-know-2879 > accessed 19 December 2025
[8] Government of India, Ministry of Social Justice and Empowerment, National Policy on Senior Citizens, 2011
[9] Government of India, National Policy for Senior Citizens, 2011 (Ministry of Social Justice and Empowerment, March 2011) <https://socialjustice.gov.in/writereaddata/UploadFile/dnpsc.pdf >accessed 20 December 2025
[10] Maintenance and Welfare of Parents and Senior Citizens Act 2007
[11] Arshnoor Singh Sandhu, ‘The Legal Framework for the Protection of Senior Citizens in India’ (SMA Legal, 4 January 2025) https://www.smalegal.in/home/the-legal-framework-for-protection-of-senior-citizens-in-india accessed 20 December 2025