Senior Citizens Welfare Act 2007

What is it?

• The act defines senior citizen as any citizen of India aged 60+, whether living in India or not.
• Every Senior Citizen who is unable to maintain himself from his own income, can claim maintenance from his children.
• A childless Senior Citizen can claim maintenance from his relative who is in possession of, or would inherit his property.

Maintenance Tribunals

• State Governments are to constitute “Maintenance Tribunal” at Sub Divisional Level.
• Senior Citizen may submit application for maintenance to this tribunal.
• If Senior Citizen is incapable of making a application himself, any other person or registered NGO can file complaint on his behalf.
• State Governments have designate the District Social Welfare Officer or an equivalent officer as Maintenance Officer, who can then represent a parent, on request, before a Maintenance or Appellate Tribunal.
• Lawyers cannot represent any party before the Tribunals

Punishments

• Maintenance Tribunal can award up to Rs. 10,000 per month as maintenance allowance payable to the senior citizen by his child/relative. They’ve to give judgment in 90 days.
• If child/relative is neglecting the senior citizen after getting his property, then Tribunal Appeal can declare such property transfer null and void and return it to the senior citizen.
• Abandonment of a Senior citizen is punishable with imprisonment up to 3 months and or Rs. 5000