Discover the truth about claiming maintenance under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Contrary to misconceptions, parents don’t need to be senior citizens to avail benefits. Explore key definitions from the Act and a significant court judgment highlighting the entitlement of parents, whether senior citizens or not. Uncover the legislative nuances and the pressing need for amendments to enhance the effectiveness of the Maintenance Act.
Is it necessary for parents to be senior citizens to claim maintenance under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007?
As per the preamble of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the primary objective of the said Act is to provide more effectively for the maintenance and welfare of parents and senior citizens, which is guaranteed and recognized by our Constitution.
A few definitions as per Section 2 of the said Act are reproduced here:
b. “Maintenance” includes provision for food, clothing, residence, and medical attendance and treatment.
d. “Parent” means father or mother, whether biological, adoptive, or stepfather or stepmother, as the case may be, whether or not the father or the mother is a senior citizen.
g. “Relative” means any legal heir of the childless senior citizen who is not a minor and is in possession of or would inherit his property after his death.
h. “Senior Citizen” means any person being a citizen of India who has attained the age of sixty years or above.
k. “Welfare” means provision for food, healthcare, recreation centers, and other amenities necessary for the senior citizens.
It is relevant to note that the concept of ‘Joint Families’ is dwindling, and at the same time, the longevity of life has increased due to better medical facilities and awareness towards health. In old age, senior citizens need both financial support and due care from their family members. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was legislated for the benefit of these parents and senior citizens to mandate their children and family members to maintain them, enabling them to live their lives honorably and maintain themselves in their old age.
One of the pleas taken by the children to shun their legal liability of maintaining their parents is that the Maintenance Act is only applicable if the parents are ‘Senior Citizens’. However, if we refer to the aforementioned definition of ‘parent’, it is crystal clear that a parent may or may not be a senior citizen to claim benefits under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Act has been legislated keeping in mind the requirements and basic necessities of both the parents and all senior citizens. If the legislature intended to benefit only the senior citizens, they would not have used ‘and’ in the name of the Act – Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
It would be pertinent to refer to the judgment in Writ – C No. 16743 of 2023 decided on 25/05/2023 titled Shivani Verma vs. State Of U.P. And 4 Others, wherein a division bench of the Allahabad High Court dealt with the question at hand and held as follows:
“15. The Act 2007 is divided into seven chapters. Chapter II provides for the maintenance of parents and senior citizens, whereas Chapter V deals with the protection of life and property of senior citizens.
16. The question raised in the present writ petition pertains to the analysis and interpretation of the provisions, in particular, under Chapter II and Chapter V of Act 2007, read with the Rules 2014, framed thereunder.
17. The Legislature has employed the expression ‘senior citizen’ and ‘parent’. A senior citizen is a person who has attained the age of sixty years or more. [Section 2(4)]. Sub-Clause (d) of Section 2 defines ‘parent’ which reads as follows: “ ‘parent’ means father or mother, whether biological, adoptive, or stepfather or stepmother, as the case may be, whether or not the father or the mother is a senior citizen.”
18. A parent need not be a senior citizen, but in case a parent is unable to maintain himself/herself and unable to lead a normal life, he/she is entitled to raise a claim before the Tribunal for maintenance. In other words, a senior citizen includes a ‘parent and grandparent’, but the parent need not be a senior citizen.”
Thus, it is no longer ‘Res Integra’ that a parent is entitled to benefit under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, irrespective of whether he/she is a senior citizen or not.
Before concluding, I would like to state with conviction that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is toothless and has not fulfilled the objectives for which the Act was legislated. The Central Government had introduced the Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019, but the apathy of the Government is exhibited by the fact that the Bill has not been cleared by the Parliament even after 4 years of its introduction. It is imperative that the Government should make suitable changes in the Maintenance Act to make it more effective and purposeful.
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