The Maintenance and Welfare of Parents and Senior Citizens Act, 2007

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is an important legislation in the subject of Law that ensures the rights and well-being of elderly citizens. It provides a legal framework for their maintenance, care, and protection, holding children and relatives accountable for their support.

Previous year Questions

Year	Question	Marks
2023	What includes ‘Children’ under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ?	2M
2021	Define the term ‘relative’ as per the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.	2M

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Definitions

1. Children-  Includes son, daughter, grandson and granddaughter but does not include a minor.
2. Minor- refers to a person who, as per the Majority Act, 1875, has not reached the age of majority.
3. Parent-  Means father or mother whether biological, adoptive or step father or step mother, as the case may be, whether or not the father or the mother is a senior citizen.
4. Relative-  Means any legal heir of the childless senior citizen who is not a minor and is in possession of or would inherit his property after his death.
5. Senior citizen- Means any person being a citizen of India, who has attained the age of sixty years or above.
6. Property-  Means property of any kind, whether movable or immovable, ancestral or self acquired, tangible or intangible and includes rights or interests in such property.

Extent of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007

• It extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India.

Maintenance of Parents and Senior Citizens

Under Section 5, the following are entitled to make an application for maintenance:

1. A parent or grandparent, who cannot maintain themselves from their own earnings or property, can apply against one or more of their children (excluding minors).
2. A childless senior citizen can apply against a relative as referred to in clause (g) of section 2 of the Act.

Application for maintenance

An application for maintenance under section 4, may be made –

1. By a senior citizen or a parent, as the case may be; or 
2. If he is incapable, by any other person or organisation authorised by him; or 
3. The Tribunal may take cognizance suo motu.

Constitution of Maintenance Tribunal

1. Establishment of Tribunals:
   • By State Government, within six months of the Act’s commencement
2. Presiding Officer:
   • The Tribunal must be presided over by an officer not below the rank of Sub-Divisional Officer (SDO)

Order for Maintenance

• If children or relatives neglect or refuse to support a senior citizen unable to maintain themselves, the Tribunal can order them to pay a monthly allowance deemed appropriate.Maximum Allowance shall not exceed ₹10,000 per month.

Appeals (Sec-16)

• A senior citizen or parent aggrieved by a Tribunal’s order can file an appeal to the Appellate Tribunal within 60 days. The appeal may still be accepted after 60 days if a valid reason is provided.

Maintenance Officer (Sec- 18)

• District Social Welfare Officer – The State Government will appoint the District Social Welfare Officer or an officer of equivalent rank as the Maintenance Officer.

Establishment of old-age homes (Sec-19)

• The State Government is authorised to establish and maintain old age homes at accessible locations.
• Each home should accommodate a minimum of 150 indigent senior citizens( senior citizens not having sufficient means to maintain themselves).

Provision	Maintenance and Welfare of Parents and Senior Citizens Act, 2007	Amendments proposed by the Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019
Definitions
Children	Children refers to children and grandchildren, excluding minors.	Adds step-children, adoptive children, children-in-laws, and the legal guardian of minor children.
Relatives	Relative refers to the legal heir of a childless senior citizen, excluding minors, who possess or would inherit his property after death.	Expands the definition to include minors.  They would be represented by their legal guardians.
Parents	Parents include biological, adoptive, and step-parents.	Adds parent-in-laws, and grandparents.
Maintenance	Maintenance includes provision of food, clothing, residence, medical attendance and treatment.	Expands the definition to include the provision of healthcare, safety, and security for parents and senior citizens to lead a life of dignity.
Welfare	Welfare includes provision of food, healthcare, and other amenities necessary for senior citizens.	Expands the definition to include the provision of housing, clothing, safety, and other amenities necessary for the physical and mental well-being of a senior citizen or parent.