Elder Law In India: Scope, Relevance, And Contemporary Imperatives
- IJLLR Journal
- 6 days ago
- 2 min read
Smriti Yadav, Llyod Law College
I. Introduction: The Emergence and Significance of Elder Law in India
Elder law in India represents a specialized and evolving legal domain meticulously crafted to safeguard the rights, entitlements, and autonomy of senior citizens, generally defined as individuals aged 60 years and above. This field is increasingly acknowledged as a fundamental aspect of human rights within the Indian legal landscape, reflecting a growing recognition of the unique vulnerabilities and needs of the aging population. Its comprehensive scope addresses a wide array of critical issues pertinent to the elderly, encompassing their fundamental right to maintenance, robust protection from various forms of abuse, guaranteed access to essential medical care, and crucial financial benefits, including tax exemptions and social security provisions. The escalating global and national demographic shifts underscore the paramount importance of effective legislation in this area. India's elderly population notably surpassed 100 million by the 2001 census and is projected to reach approximately 139 million, constituting about 10% of the total population in contemporary times, thereby highlighting the urgent demographic imperative for a robust and responsive elder law framework.
The growing importance of elder law is intrinsically linked to profound societal transformations. The traditional joint family system, which historically served as the primary social safety net and care provider for the elderly, is experiencing significant erosion. This dissolution is largely driven by rapid urbanization, increased internal migration, and the rising participation of women in the formal workforce. Consequently, a burgeoning number of older individuals, many of whom have spent their entire lives within the supportive structures of extended families, now confront severe loneliness and marginalization in their old age. This profound societal shift renders senior citizens increasingly susceptible to various forms of neglect and abuse, including physical, emotional, and financial exploitation, alongside pervasive financial insecurity. A strong legal framework is thus indispensable to preserve their dignity and ensure their well-being. The overarching objective of elder law is to enable senior citizens to live with self-respect and peace, achieved by legally obligating children and relatives to provide necessary maintenance and care, while also clearly delineating the State's proactive role in supporting and protecting them.
