Legal Framework For Protection Of The Rights Of Elderly Persons In India
- IJLLR Journal
- Feb 7
- 2 min read
Reecha, PhD, Research Scholar, MDU, Rohtak
Prof. Dr. Jitendra Singh Dull, Professor, MDU, Rohtak
ABSTRACT
The legal landscape for the protection of senior citizens in India is undergoing a transformative shift, transitioning from a basic welfare-based approach to a comprehensive, rights-based framework centred on "dignity." This paper examines the multi-sectoral reforms aimed at addressing the socio-economic and medical vulnerabilities of India’s aging population.
Central to these reforms is the Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2025, which significantly broadens the scope of the 2007 Act. Key changes include expanding the legal definition of "children" to include in-laws and removing the ₹10,000 maintenance cap, allowing for needs-based financial support. Furthermore, the Bharatiya Nyaya Sanhita (BNS), 2023, tightens criminal liability for elder abandonment, reflecting a zero-tolerance policy toward neglect.
In the realm of social security, the 2024-2025 expansion of Ayushman Bharat (PM-JAY) to cover all citizens aged 70+ provides a critical health safety net of ₹5 lakh annually. This is complemented by the Atal Vayo Abhyuday Yojana (AVYAY), which leverages technology through the "Elder Line" (14567) and the SACRED portal to promote economic re-engagement and the "silver economy."
Judicially, recent precedents such as Urmila Dixit v. Sunil Sharan Dixit (2025) have empowered Tribunals to prioritize the psychological well-being of seniors, granting them the power to evict abusive heirs. Together with NITI Aayog’s 2024 roadmap for digital inclusion and standardized senior living, these reforms signal a paradigm shift toward ensuring a healthy, secure, and dignified life for India’s elderly. This paper will examine overall shift and changes in current jurisprudence on the protection of rights of elderly persons in India.
Keywords: Elderly Persons; Joint Family System; Paradigm Shift; Jurisprudence.
