Maintenance and Welfare of Parents and Senior Citizens Act, 2007
1. Background and Purpose of the Act
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (“the Act”) was enacted by Parliament to address the growing social concern of neglect, abandonment, and ill-treatment of parents and senior citizens, especially in an era of nuclear families and urban migration.
The Act seeks to:
- Ensure financial support and maintenance to parents and senior citizens
- Protect them from harassment, exploitation, and abuse
- Provide simple, speedy, and inexpensive remedies
- Safeguard their right to live with dignity and security
The legislation is a welfare statute and is to be interpreted liberally in favour of parents and senior citizens.
2. Applicability and Scope
The Act applies throughout India (except Jammu & Kashmir, as originally enacted) and covers:
- Parents, irrespective of age
- Senior citizens, defined as persons aged 60 years or above
The Act operates independently of personal laws and applies uniformly to all citizens.
3. Who Can Claim Maintenance?
(a) Parents
- Biological parents
- Adoptive parents
- Step-parents
Parents can claim maintenance even if they are not senior citizens, provided they are unable to maintain themselves.
(b) Senior Citizens
- Any Indian citizen aged 60 years or above
- Includes widows, widowers, and persons without children
4. Who Is Liable to Maintain?
(a) Children
- Son or daughter (including adopted children)
- Married or unmarried
- Liability is joint and several, depending on financial capacity
(b) Relatives
- Legal heirs who are in possession of or would inherit the property of the senior citizen
The obligation to maintain is based on the ability to earn and provide support.
5. Right to Maintenance
Parents and senior citizens who are unable to maintain themselves from their own earnings or property may apply for maintenance.
Maintenance Includes:
- Food
- Clothing
- Residence
- Medical expenses
- Basic needs for dignified living
Quantum of Maintenance:
- Determined by the Maintenance Tribunal
- Depends on:
- Income and assets of the respondent
- Needs of the claimant
- State Governments prescribe the maximum limit (many States have enhanced the ceiling substantially)
6. Maintenance Tribunal – Procedure and Powers
The Act mandates the constitution of Maintenance Tribunals at the district level.
Key Features:
- Summary proceedings
- Disposal normally within 90 days
- Lawyers are not mandatory
- Tribunal may order monthly maintenance
- Interim maintenance can also be granted
Orders of the Tribunal are legally enforceable and binding.
7. Enforcement of Maintenance Orders
If a person fails to comply with the maintenance order:
- The amount can be recovered as arrears of land revenue
- Tribunal may issue a warrant
- Imprisonment up to one month for each month of default
This ensures that maintenance orders are not merely symbolic but effectively implemented.
8. Protection of Senior Citizens’ Property
One of the most significant provisions of the Act relates to property transfers.
Void Transfer of Property (Section 23)
If a senior citizen transfers property:
- By gift or otherwise
- Subject to the condition that the transferee shall maintain them
- And the transferee fails or refuses to do so
➡️ The Tribunal may declare such transfer void.
This provision protects senior citizens from:
- Children taking property and later neglecting parents
- Abuse of trust in family arrangements
9. Right to Residence and Eviction of Abusive Persons
Senior citizens have the right to:
- Live peacefully in their own property
- Seek eviction of children or relatives who:
- Harass them
- Abuse them
- Cause mental or physical cruelty
Courts across India have upheld the power of authorities to order eviction in appropriate cases to protect senior citizens’ dignity and safety.
10. Abandonment of Senior Citizens – Penal Provisions
Abandonment of a senior citizen by a person responsible for their care is a criminal offence.
Punishment:
- Imprisonment up to 3 months
- Or fine up to ₹5,000
- Or both
This provision acts as a deterrent against neglect and abandonment.
11. Overriding Effect of the Act
The Act has an overriding effect over all other laws.
In case of conflict with:
- Personal laws
- Property arrangements
- Civil agreements
➡️ The provisions of this Act will prevail.
This ensures that welfare of parents and senior citizens is given priority over technical legal claims.
12. Role of State Governments
State Governments are required to:
- Establish old age homes
- Ensure adequate medical facilities
- Create awareness about rights of senior citizens
- Appoint maintenance officers
- Implement rules for effective enforcement
13. Judicial Approach
Courts have consistently held that:
- Maintenance under the Act is a statutory right, not charity
- Children’s property or residence claims cannot override parents’ welfare
- The Act must be interpreted to advance its social objective
14. Practical Relevance for Families
The Act is especially relevant in cases involving:
- Neglect by earning children
- Harassment of elderly parents in their own homes
- Property transferred without continued care
- Quick relief without prolonged civil litigation
15. Conclusion
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a strong and effective social welfare legislation aimed at ensuring that parents and senior citizens are not left helpless, neglected, or exploited.
It reinforces the principle that caring for parents is not merely a moral duty but a legal obligation, and it provides a fast, practical remedy to protect their dignity, safety, and well-being.