A Comparative Study On Abuse And Maintenance Rights Of Elderly Persons
Muskaan Shafi & Dr Nayeem Ahmed Bhat
ABSTRACT
This study attempts to examine the growing elderly population around the world and the increasing problem of elder abuse, neglect, and financial exploitation. It explains the different forms of elder abuse, including physical, emotional, financial, and neglectful treatment. It also identifies major causes such as caregiver stress, conflicts between generations, and pressure to give away property or assets. The study traces how the responsibility of families to care for older people developed from ancient laws and English Poor Laws to modern welfare systems. It compares the laws and protection mechanisms relating to elder care in India, the United States, the United Kingdom, and Singapore. In India, the study focuses on the Maintenance and Welfare of Parents and Senior Citizens (MWPSC) Act, 2007, Article 41 of the Constitution, government welfare schemes, and important court decisions, especially those dealing with cancellation of property transfers under Section 23 of the Act. However, several problems still exist. These include fear or unwillingness of elderly people to report abuse, delays in tribunals, difficulties in enforcing orders, low maintenance limits, and pressure on elderly people to transfer their property. The study therefore suggests reforms such as Elder Protection Units at the district level, counselling and settlement before going to court, independent counselling before major property transfers, better pension schemes, and government- supported emergency shelters. Overall, the study argues that protecting elderly people requires both family responsibility and strong government support so that senior citizens can live with dignity, security, and independence.
Keywords: Elder Abuse, Elderly Rights, Legal protection.
