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Ageing With Dignity: Rethinking Policy Framework Through A Right-Based Approach




Nandhana N L, UGC- Junior Research Fellow, Department of Criminology and Criminal Justice, Manonmaniam Sundaranar University, Tirunelveli.

Dr. Syed Umarhathab, Assistant Professor, Department of Criminology and Criminal Justice, Manonmaniam Sundaranar University, Tirunelveli.


ABSTRACT


Elder abuse is a growing and multifaceted social concern in society that is unfairly increasing and recognized at the world level, and India is not exempt either. At its core, it must be treated as a deep violation of injustice to human rights, as older persons commonly go through physical, psychological, financial, emotional, and sometimes sexual exploitation from trusted family members who are expected to safeguard them in their later lives (Casella, 2025). The paradox of the Indian family context is that elders are considered the primary source of care, but it is also the most common site of abuse. Elders mostly rely on their families or close relatives—including spouses, children, and in-laws—who are often identified as primary perpetrators (PTI, 2019). Evidence shows that approximately one-sixth of the older population is subjected to some form of abuse or mistreatment at the hands of trusted individuals (WHO, 2024). Most victims remain silent due to fear, dependency, and deep-seated social stigma (Chatterjee, 2024). This cycle results in victimization that largely remains invisible or unnoticed by the state or public institution and civil society organization. Despite several upheld protections established by both central and state governments, the reason behind the increase in elder mistreatment still occurring is a question. The legislative framework and all welfare schemes existing until now are primarily concentrating, typically, on the financial support and property provisions. The pivotal gaps, mainly the different dimensions of abuse unaddressed in the Maintenance and Welfare of Parents and Senior Citizens Act (MWPS) of 2007 and inadequate systematic establishment along with the institutional barriers, negatively impact the efficiency of these provisions. This paper critically examines the shortcomings by analysing the legislative gaps and institutional barriers, especially to view the need of elders to be satisfied in a rights-based manner rather than just a welfare-oriented one and also points the extensive policy reforms that incorporate the crucial policy systems, including legal enforcement, social welfare, and community participation


Keywords: Elder Abuse, Senior Citizens, Human Rights, Legal and Welfare Provisions, Institutional Barriers, Policy Interventions, Rights-Based Approach, MWPS Act 2007.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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