CARE FOR ELDERS - Law not friendly to elderly
Abhinav Garg & Manash Pratim Gohain
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New Delhi:
TNN
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Abused By Own Family, Lack Of Awareness Keeps Them Away From Justice
The murder of a 94-year-old and his 64-yearold daughter-in-law in Patel Nagar on the eve of World Elder Abuse Awareness Day has reinforced the opinion that India is no country for the elderly . Even though there are laws that protect them, these are so badly publicized and implemented that a large section of those suffering cruelty at the hands of friends or strangers don't get any reprieve.Take for instance the case of late Lotika Sarkar. The noted academician's property was grabbed by an IPS officer. But she was plain lucky , as the media and a whole lot of well-wishers came forward to help her. Ultimately ,a tribunal under Maintenance and Welfare of Parents and Citizens Act, 2007 cancelled the `gift deed' that formed the legal cover for dispossessing Sarkar of her south Delhi house. That was in 2009.
But even today , say lawyers, awareness about the law and its provisions remain abysmally low. And because of this, senior citizens continue to suffer mental and physical abuse from their children or kin.
Earlier this year, one Sudeshna (80) approached the south district tribunal, seeking relief against her daughter-in-law who forcibly grabbed her three-storey house. In her complaint, she narrated how her signatures were forged and the house transferred in the younger woman's name.
Advocate Ashutosh Lohia, who helped Sudeshna prepare the brief, said, “First of all, there has been a crumbling of social structure due to advancement of technology. Earlier, society provided protection to elders as it boycotted those who maltreat their parents. Now, husband and wife work and want to become social butterflies, but can't spend time with the elderly . The Maintenance Act was enacted precisely to prevent this.“
While Sudeshna at least managed to fight it out legally , an informal study by Agewell Foundation found that majority of such cases go unreported as the victims fear retribution, isolation and neglect from their kin if they go out to complain. “One of the most common reasons is the old person's fear of losing family members or support. Heshe fears that reporting the crime will result in tension and stress in old age, as the abuser may discontinue relations once accused, charged, or convicted,“ said Himanshu Rath of Agewell Foundation.
World Health Organization's report on `Missing Voices' stated six key categories of elder abuse: structural and societal abuse, neglect and abandonment, disrespect and ageist attitudes, psycho logical, emotional and verbal abuse, physical abuse and legal and financial abuse.
An India-specific part of the report also stated: “He (a case study) has lost his freedom of choice around meals, bedtimes, housekeeping, etc.If he makes suggestions, he is told to mind his own business. Although he has asked his son and his family to leave, they have refused. In fact, he has even suggested that he would like to remarry for the sake of a companion so they must leave the apartment for his exclusive use. They do not move out of his apartment but continue to neglect him. The problem of adult children living with their parents in their accommodation is worse for lower income families, because lodgings are smaller.“
Lohia also said that quite often it is the outsider who takes advantage of breakdown of communication between a senior citizen and his adult children. “Parents are easier to manipulate in old age. A third person brainwashes them and gets them to sign papers, evicting both the children and parents and grabbing the property ,“ he added.
Delhi high court lawyer Ajay Verma said, “There is no awareness among elders That is also because rules law is not highly promoted Only literate people may be aware but what about the illit erate? They suffer badly . The government must advertise widely , hold special camps and come up with an online case filing system.“
Though lawyers have been kept out of the mainte nance tribunals, many argue it has its disadvantages be cause the process remains technical. Once a complain is filed, notices are issued statements recorded and evi dence gathered--all these re quire legal assistance.
But even today , say lawyers, awareness about the law and its provisions remain abysmally low. And because of this, senior citizens continue to suffer mental and physical abuse from their children or kin.
Earlier this year, one Sudeshna (80) approached the south district tribunal, seeking relief against her daughter-in-law who forcibly grabbed her three-storey house. In her complaint, she narrated how her signatures were forged and the house transferred in the younger woman's name.
Advocate Ashutosh Lohia, who helped Sudeshna prepare the brief, said, “First of all, there has been a crumbling of social structure due to advancement of technology. Earlier, society provided protection to elders as it boycotted those who maltreat their parents. Now, husband and wife work and want to become social butterflies, but can't spend time with the elderly . The Maintenance Act was enacted precisely to prevent this.“
While Sudeshna at least managed to fight it out legally , an informal study by Agewell Foundation found that majority of such cases go unreported as the victims fear retribution, isolation and neglect from their kin if they go out to complain. “One of the most common reasons is the old person's fear of losing family members or support. Heshe fears that reporting the crime will result in tension and stress in old age, as the abuser may discontinue relations once accused, charged, or convicted,“ said Himanshu Rath of Agewell Foundation.
World Health Organization's report on `Missing Voices' stated six key categories of elder abuse: structural and societal abuse, neglect and abandonment, disrespect and ageist attitudes, psycho logical, emotional and verbal abuse, physical abuse and legal and financial abuse.
An India-specific part of the report also stated: “He (a case study) has lost his freedom of choice around meals, bedtimes, housekeeping, etc.If he makes suggestions, he is told to mind his own business. Although he has asked his son and his family to leave, they have refused. In fact, he has even suggested that he would like to remarry for the sake of a companion so they must leave the apartment for his exclusive use. They do not move out of his apartment but continue to neglect him. The problem of adult children living with their parents in their accommodation is worse for lower income families, because lodgings are smaller.“
Lohia also said that quite often it is the outsider who takes advantage of breakdown of communication between a senior citizen and his adult children. “Parents are easier to manipulate in old age. A third person brainwashes them and gets them to sign papers, evicting both the children and parents and grabbing the property ,“ he added.
Delhi high court lawyer Ajay Verma said, “There is no awareness among elders That is also because rules law is not highly promoted Only literate people may be aware but what about the illit erate? They suffer badly . The government must advertise widely , hold special camps and come up with an online case filing system.“
Though lawyers have been kept out of the mainte nance tribunals, many argue it has its disadvantages be cause the process remains technical. Once a complain is filed, notices are issued statements recorded and evi dence gathered--all these re quire legal assistance.
