Elderly Care And Social Security Policies In India: A Socio-Legal Study
- IJLLR Journal
- 2 hours ago
- 1 min read
Malay Kumar Roy, Research Scholar, School of Law & Jurisprudence, Shri Venkateshwara University, Gajraula, Amroha, Uttar Pradesh
Dr. Rajvardhan, Assistant Professor, School of Law & Jurisprudence, Shri Venkateshwara University, Gajraula, Amroha, Uttar Pradesh
ABSTRACT
India is undergoing a profound demographic transition, with the elderly population growing at an estimated decadal rate of 41%—one of the fastest globally. By 2050, older adults are expected to constitute over 20% of the total population, and by 2046, they will likely surpass the number of children aged 0-15 years. This demographic shift unfolds against a backdrop of rapid social transformation: the disintegration of traditional joint family systems, rising urbanization, increased labor migration, and changing gender dynamics. This article undertakes a socio-legal examination of India’s elderly care and social security framework, focusing on two pillars: the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (MWPSCA), and the National Social Assistance Programme (NSAP). Drawing on legislative analysis, judicial interpretations, and empirical data, the study identifies critical implementation gaps—including inadequate maintenance caps, irregular functioning of tribunals, exclusionary coverage, and gendered vulnerabilities. It argues that while India has established a normative legal framework, the translation of rights into lived realities remains incomplete. The article concludes with policy recommendations for bridging the gap between law and practice, including pension reforms, strengthening of geriatric healthcare infrastructure, and reimagining elder care as a shared state-family responsibility.
Keywords:Elderly care, social security, Maintenance and Welfare of Parents and Senior Citizens Act 2007, National Social Assistance Programme, socio-legal studies.
