Government Policy for Senior Citizens in India
The Government Policy in India towards older people can be studied under three heads viz. Legislative and Executive Actions.
Legislative Policy Actions
Constitutional Provisions
Under Directive Principles, the Article 41 says that State shall within the limits of its economic capacity and development, make effective provision for securing the right of public assistance in cases of old age. This is an explicit provision for ageing population and to realise this DPSP, government of India has launched the National Social Assistance Programme (NSAP).
Some other implicit measures include Right to Equality {Part-III}, direction to state to improve the quality of life of its citizens {DPSP} etc. We note here that subject of Social Security is a concurrent responsibility of the Central and State Governments.
Legislations: Senior Citizens Act, 2007
Before 2007, the problems of aged people were covered under CrPC and Hindu Adoption & Maintenance Act. In 2007, the parliament enacted a dedicated law titled Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to deal with the concerns of Senior Citizens in India. This act was mainly enacted to eliminate some of the procedural implications of the erstwhile provisions and legal obligations. Under the CrPC and Hindu Adoption Law, parents can claim maintenance from their children but there was a need to put in place some explicit, speedy, inexpensive process. This law covers all senior citizens irrespective of religion and provides that it is the duty of the children to maintain their parents. The maintenance included all basic necessities and requirements of life. There is no restriction / bar on the age of parents and they can claim without any bar of age {except when child is minor}. A childless senior citizen can claim maintenance from relative who is legal heir of that senior citizen and who is in possession of or would inherit his property after his death.
Under this act, the state governments are required to constitute the Tribunals on subdivision level to adjudicate matters related to this law. Each such tribunal is headed by SDM. They senior citizens can apply either directly or via some voluntary organizations but not via advocates.
This law had to be notified by each state with their own rules and Rajasthan was first state to do so.
Executive Policy Actions
The Ministry of Social Justice & Empowerment is responsible for executive actions towards senior citizens.
National Policy for Older Persons
The Government launched National Policy on Older Persons (NPOP) in 1999 with key features such as Old Age Pension Scheme; Tax Exemption for Senior Citizens; Make PDS to reach older people; Subsidy in healthcare, geriatrics care, mental health services, counselling facilities; Grants, land grant at concessional rates to NGOs and private hospitals to provide economical and specialized care for the older person; Earmarking 10% of the houses in housing schemes and easy access to loans; Layout of housing colonies to be sensitive to the needs of the older persons; Quick disposal of cases of property-transfer, mutation, property-tax etc; Assistance for construction/ maintenance of Old-Age Home, Daycare Centers, Multi-service Citizens Center, outreach services, supply of disability related aids and appliances etc and setting up a welfare fund for older persons
Dr V Mohini Giri Committee
When the NPOP completed 10 years in 2010, the Government constituted Dr. V Mohini Giri committee to review it and make suggestions. This committee made some of the important suggestions and a Draft of National Policy for Senior Citizens 2011. Key recommendations are:
- Lifelong healthcare facilities for Padma award winners, gallantry award winners
- Setting up of a department of senior citizens and national council for senior citizens.
- Increase in old age pension amount
Indira Gandhi National Old Age Pension Scheme (IGNOAPS)
This scheme was introduced as a part of National Social Assistance Programme (NSAP). Under this scheme, all BPL Indians above 60 years are covered. The monthly pension amount for them is Rs. 300 for age 60-79 years and 500 above 80 years.
National Council for Older Persons National Council for Senior Citizens}
National Council for Older Persons (NCOP) was constituted in 1999 as per NPOP. This council, headed by Minister of Social Justice and Empowerment, is the highest body to advise the government in the formulation and implementation of policy and programmes for the aged. It has representation from central and state governments, NGOs, citizens’ groups, retired persons’ associations, and experts. In 2012, it was renamed as National Council of Senior Citizens (NCSrC). It advises Central and State Governments on the entire gamut of issues related to the welfare of senior citizens and enhancement of their quality of life. Its latest meeting was in August 2016.
National Programme for Health Care of Elderly
This scheme was launched in 11th five year plan to provide dedicated healthcare facilities to the elderly people through State Public Health delivery system at primary, secondary and tertiary levels, including outreach services. This Programme is presently being implemented in 104 district under National Health Mission.
