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Constitutional Rights Of Elderly In India: An Analysis

Deeksha Tewari, Assistant Professor, IILM University


Getting old is a normal process of life and with this change in circumstances elderly people require a lot of care and love from their loved ones. This is the most vulnerable stage in a person’s life. India is a home to almost one- eighth of the world’s elderly. Thus, it becomes more important to have a strategy to protect the interests of this section of society. The main idea behind providing this security is to provide sustenance to people who can no longer work to earn a living. Until recently family and children used to take care of the elderly persons and they used to be the reliable source of security to old parents but as the times are changing there has been a change where now kids are no longer taking care of the parents as their parents used to take care of their own parents. Since 2007 we have Maintenance and Welfare of Parents and Senior Citizens Act 2007 where now elderly persons can claim maintenance but prior to this they could claim maintenance under the umbrella of diverse laws such as family laws, CPC, CRPC, IPC and fundamental right under the Constitution of India. The problem is in the implementation of the laws in the practical scenario. Lack of existing legal provisions is the root cause or if they have knowledge then there is a fear that the kids might through them to some old age home. In this research paper the researcher will analyze the provision of existing legislation and will suggest a few means to effectively implement the laws that are there to protect the basic human rights of Senior Citizens.

Keywords: Human Rights, Constitutional Right, Social Security, Rights of elderly, old age


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


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.


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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