Senior Citizen's Rights In India

  

1. Provisions have been made in the Constitution of India to preserve the rights of those aged above 60. Since these articles are part of Chapter IV of the constitution which corresponds to Directive Principles, they cannot be enforced by a court of law as stated in Article 37, however, they are the basis upon which any legislation is drafted.

2. Article 41 of the Constitution secures the right of senior citizens to employment, education and public assistance. It also ensures that the state must uphold these rights in cases of disability, old age or sickness. Meanwhile, Article 46 asserts that the educational and economic rights of the elderly must be protected by the state.

3. As per rights guaranteed under the National Policy for Older Persons, 1999, all Indian citizens aged above 60 are entitled to a 30 per cent concession in ticket prices while travelling with the Indian Railways. The concession is 50 per cent for women aged above 60 along with the provision for separate counters and other services including berth requests. 

4.Section 88-B, 88-D, and 88-DDB of the Income Tax Act of India allow senior citizens to claim a discount in tax. The elderly are also entitled to get higher interest on tax saving plans apart from having a wide variety of LIC policies and post office saving schemes to choose from. 

Maintenance and Welfare of Parents and Senior citizens Act, 2007, S.23 -- Cancellation of transfer deed - Law only contemplates breach on the part of transferee in providing amenities and physical needs to the transferor - It does not stipulate that condition of providing maintenance should be part of such transfer.

(ii) Maintenance and Welfare of Parents and Senior citizens Act, 2007, S.23 -- Cancellation of transfer deed - If love and affection was the circumstances for executing such deed, any failure on the part of transferee to provide amenities and physical needs to the transferor would attract the grounds for revocation u/s 23 of the Act - Any emotional detachment or creation of an atmosphere as opposed to the one demanded by a senior citizen would be sufficient to attract S.23 of the Act.

(iii) Maintenance and Welfare of Parents and Senior Citizens Act, 2007, S.23 -- Cancellation of transfer deed - Scope of inquiry in a matter related u/s 23 of the Act must be related and confined to circumstances under which document was executed - Strict pleadings or evidence cannot be insisted in such proceedings - Law only contemplates breach on part of transferee in providing amenities and physical needs to transferor - It does not stipulate condition of providing maintenance should be part of such transfer.

(iv) Maintenance and Welfare of Parents and Senior Citizens Act, 2007, S.23 -- Cancellation of transfer deed - Any emotional detachment or creation of an atmosphere as opposed to one demanded by a senior citizen would be sufficient to attract S.23 of the Act.

(v) Maintenance and Welfare of Parents and Senior Citizens Act, 2007, S.23 -- Cancellation of transfer deed - Scope of inquiry u/s 23 of the Act - Tribunal has to follow procedure for enquiry as in an inquisitorial system and not as in an adversarial litigation - Irrespective of pleadings raised by senior citizen, he has to address grievance of senior citizen as expressed before him to elicit truth.

(2020(1) Criminal Court Cases 141 (Kerala)

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