In April 2025, the United Nations Human Rights Council began an intergovernmental process to draft an international human rights treaty on older people. Against this backdrop, India ought to review the efficacy of its domestic legislation which attempts to provide some form of geriatric care. A systematic and objective review of this legislation is the need of the hour.

The crimes against senior citizens in India have been continuously rising. The World Health Organization reported that worldwide around 1 in 6 people who are 60 years and older, have experienced abuse. Compared to their younger counterparts, elderly people are more vulnerable due to various reasons – ranging from extreme isolation to the lack of any comprehensive provision of geriatric care. In order to address this, India had passed the Maintenance and Welfare of Parents and Senior Citizens Act in 2007 (‘MWPSCA’). This Act sought to provide for the maintenance and welfare of senior citizens guaranteed under the Constitution by prescribing rules and providing for infrastructural support. However even after eighteen years, this promise seems unfulfilled.

The Supreme Court in Ashwani Kumar v. Union of India also emphasised the need to review the MWPSCA in terms of existing geriatric medical facilities and infrastructure. This case dealt with the ineffective enforcement of MWPSCA. The Court had directed the Government to examine and suitable amend these schemes. The absence of any governmental intervention makes an investigation into the efficacy of this act, extremely relevant.

A deep-dive into the MWPSCA

A comprehensive review of MWPSCA highlights both content-related and infrastructural concerns.

First, the existing geriatric caregiving facilities are inadequate. Section 20 of the MWPSCA mandates Government hospitals to provide beds to senior citizens as far as possible, maintain separate queues for senior citizens, and establish a facility for treatment. Healthcare programs such as the National Programme for Health Care of the Elderly (NPHCE), Ayushman Bharat’s Health and Wellness Centres (HWCs), and the Rashtriya Vayoshree Yojana (RVY) also exist. Social security measures like the Indira Gandhi National Old Age Pension Scheme (IGNOAPS) are also available.

However, several problems exist with this approach to geriatric care. The above-mentioned statutory paradigm showcases a limited understanding of geriatric care (i.e., only vis-a-vis medical caregiving) and excludes personal care, emotional care, and nutritional care. Moreover, the framework fails to adopt a cohesive multi-sectoral policy which specifically addresses medical/care-related infrastructural deficits (insufficient nursing homes/old-age homes, workforce shortages, and low doctor-to-population ratio) and legal reforms (such as addressing mental health issues). Additionally, there is no impetus in the MWPSCA to identify suitable and potential medical caregivers who can be provided with necessary training. Lastly, there exists severe implementation gaps as pointed out in Ashwani Kumar. The fact that these programs exist does not mean that senior citizens are able to access or are availing of these facilities.

Secondly, the MWPSCA provides for insufficient maintenance for the beneficiaries. Section 9(2) of the MWPSCA caps the monthly limit on maintenance payments to INR 10,000 (approximately ~120 USD). This rigid cap is unjustified and prevents seniors from receiving appropriate support, especially when their dependents have greater financial means. Since the law does not account for varying economic circumstances, it deters individuals from using this legal remedy, as the amount may be insufficient for those with higher living costs or medical needs.

Thirdly, the Maintenance Tribunals established are functioning irregularly. The Maintenance Tribunals are the dispute redressal forums for senior citizens. The State Governments have been given the mandate to operate and set-up the maintenance tribunals. There exists a need to review the functioning of these tribunals since problems range from non-appointment of presiding members to the usage of ineffective jurisdictional procedures.

Lastly, the Conciliation Officers under the Act have not been appointed. Despite the MWPSCA allowing for the involvement of conciliation officers to facilitate a prompt and amicable dispute resolution, most of the examined tribunals have not formally appointed conciliation officers. In practice, attempts at conciliation were carried out informally.

The way forward

In light of this, a detailed evaluation of the MWPSCA is needed to assess: (i) the quality of medical infrastructure; (ii) the avenues and opportunities for private care-giving; (iii) the substantive maintenance payments to the seniors; and (iv) the framework of grievance redressal through Maintenance Tribunals and Conciliation Officers. Suitable draft amendments to the MWPSCA, the 2019 Amendment Bill, and the necessary rules must be undertaken. By addressing these issues, the MWPSCA can truly transform into a vehicle for legally empowering the elderly in India.