Protection of the Right of Elderly Person in India: A Critical Analysis

Old age is an indispensable stage of life of a human being which a man cannot refute except untimely death. The notion of conjugal family impacted this regular cycle, resulting in imbalance of the normal lives of senior people by overcoming a thousand-year-old custom in India where parents are revered as a devout form of God. As society ages, ensuring the rights of older people becomes increasingly important. This shift underscores the pressing need for robust legal safeguards and protections for older people. This comprehensive analysis delves into the existing legislative and policy mechanisms designed to address the multifaceted challenges faced by older individuals in the country. The article reviews the key legal instruments, including “The Maintenance and Welfare of Parents and Senior Citizens Act, 2007”, and the “National Policy for Older Persons”, and other government schemes critically evaluating their efficacy in ensuring the rights and well-being of older people. It looks upon the implementation of these legal provisions, shedding light on the gaps and challenges in their enforcement.The primary objective of this article is to discuss the positives and weaknesses of the legal framework governing eldercare in India. In the end part,it offers recommendations to bolster the human rights of the elderly, ensuring their dignity,well-being, and meaningful inclusion in the socioeconomic fabric of the nation.

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Publication Details

Journal
Prayagraj Law Review.
Published
2025-05-01
DOI
https://doi.org/10.61120/plr.2025.v3125-40
Primary Topic
Elder Abuse and Neglect
Type
article
Field-Weighted Citation Impact
0.00
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article

Protection of the Right of Elderly Person in India: A Critical Analysis

Shailaja Mishra
Prayagraj Law Review.
Elder Abuse and Neglect
article

Protection of the Right of Elderly Person in India: A Critical Analysis

Shailaja Mishra
article en

Abstract

Old age is an indispensable stage of life of a human being which a man cannot refute except untimely death. The notion of conjugal family impacted this regular cycle, resulting in imbalance of the normal lives of senior people by overcoming a thousand-year-old custom in India where parents are revered as a devout form of God. As society ages, ensuring the rights of older people becomes increasingly important. This shift underscores the pressing need for robust legal safeguards and protections for older people. This comprehensive analysis delves into the existing legislative and policy mechanisms designed to address the multifaceted challenges faced by older individuals in the country. The article reviews the key legal instruments, including “The Maintenance and Welfare of Parents and Senior Citizens Act, 2007”, and the “National Policy for Older Persons”, and other government schemes critically evaluating their efficacy in ensuring the rights and well-being of older people. It looks upon the implementation of these legal provisions, shedding light on the gaps and challenges in their enforcement.The primary objective of this article is to discuss the positives and weaknesses of the legal framework governing eldercare in India. In the end part,it offers recommendations to bolster the human rights of the elderly, ensuring their dignity,well-being, and meaningful inclusion in the socioeconomic fabric of the nation.

Prayagraj Law Review.Vol. 3(1)
University of Lucknow (IN)
Openalex Percentile: Top 77%
Elder Abuse and Neglect
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