Information from Ramani’s blog was quoted in US White House Policy Briefing on Ageing and Elders’ Abuse in 2015.
Yet another is on Family values.
This makes me work harder to check and cross check what I write.
I am also happy that eight doctorates have been obtained, most of them in France by taking references from Ramani’s blog.
I would request readers to point out inaccuracies in this blog.
Needless to say that such information must be authentic and contain authentic sources/Links.
I do not consider my self as infallible nor am I quite learned.
I explore with an open mind.
My aim is to present facts from authentic sources for the benefit of the common man.
I try to avoid jargon.
I try to present World/Indian History as it happened and without bias.
Especially Indian History which is taught is mere mis/disinformation.
‘Asathoma Sathgamaya’
Lead Me from Untruth to Truth.
Regards to my Readers.
‘
Elder Justice
As Americans live longer and technology becomes increasingly sophisticated, older Americans face new challenges and opportunities. While technology is helping individuals to live longer and healthier lives, older Americans may be susceptible to financial exploitation and other forms of elder abuse.
Elder abuse is a serious public health problem affecting millions of older Americans each year, with some studies suggesting that as few as one in 23 cases is reported to authorities. Elder abuse is defined as intentional actions that cause harm or create a serious risk of harm to an older person (whether or not harm is intended). Elder abuse encompasses physical abuse, neglect, financial exploitation, sexual abuse, as well as emotional and psychological abuse.
Preventing, identifying, and responding to elder abuse requires a multifaceted approach because abuse does not fit a single pattern. Elder abuse is a “complex cluster of distinct but related phenomena” that involves health, legal, social service, public safety, and financial issues, and therefore calls for a coordinated and sustained response across multiple disciplines. The term “elder justice” refers to the collective action taken by public and private partners to address elder abuse. These partners may include federal, state, local, and tribal entities, as well as private organizations that respond to elder abuse in all its forms.……
‘This study was done over the phone and screened out for dramanan50.files.wordpress.com/…/…0636546_n.jpgementia. Since we know that dementia increases the likelihood of abuse and that isolation is a key risk factor in abuse, these statistics are likely understated. In fact, a 2009 study revealed that close to 50% of people with dementia experience some kind of abuse. (Cooper, C, Selwood, A., Blanchard, M., Walker, Z., Blizard, R., & Livingston, G. (2009) Abuse of people with dementia by family carers: Representative cross sectional survey. British Medical Journal, 338, b155) Any other medical condition with a 14% prevalence rate would be considered an epidemic! It is also critical to highlight that the issue of elder abuse, neglect and exploitation is primarily a family issue and is not limited to nursing homes and home care providers. In fact, over 90% of elder abuse happens at the hands of one’s own family and friends (see https://outofthefog.net/Statistics.htmlorramanan50.files.wordpress.com/…/…0636546_n.jpg)
This behaviour is not restricted to the poorer sections alone.
Affluent sections also resort to this, dumping parents in old age Homes , verbal abuse and refuse to maintain them.
I have a few posts on this under Lifestyle/India.
The population of the Senior citizens has been increasing over the years.
The Projected Population aged 60+ by sex as on 1st March 2001-2026, as per the Report of the Technical Group on Population Projections constituted by the National Commission on Population, May 2006 published by the Office of the Registrar General, India is as under:
(In million)
Year
Males
Females
Persons
2001
34.94
35.75
70.69
2006
40.75
42.83
83.58
2011
48.14
50.33
98.47
2016
58.11
59.99
118.10
2021
70.60
72.65
143.24
2026
84.62
88.56
173.18
What are the main features of elderly population of India?
Ans. The profile of the elderly population indicates that:
a majority of them are in rural areas;
feminization of the elderly population; and
increase in the number of older-old (persons above 80 years) and
a large percentage (30%) of the elderly are below the poverty line.
What is the share of the older persons in the total population of the Country?
Ans. The percentage share of the projected population aged 60+ in the total projected population by sex on 1st March 2001-2026, India, is as under:
Year
Males
Females
Persons
2001
6.60
7.10
6.90
2006
7.10
8.00
7.50
2011
7.70
8.70
8.30
2016
8.70
9.80
9.30
2021
10.20
11.30
10.70
2026
11.80
13.10
12.40
Following are the procedures and FAQs on the subject.
The Maintenance and Welfare of Parents under Senior Citizens Act 2007.
he Maintenance and Welfare of Parents and Senior Citizens Act 2007
What are the important features of the Maintenance and Welfare of Parents and Senior Citizens Act 2007?
Ans. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need-based maintenance to the parents/grand parents from their children. Tribunals will be set up for the purpose of settling the maintenance claims of the parents in a time bound manner. Lawyers are barred from participating in the proceedings of the Tribunals at any stage.
The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc.
What is the applicability of the Act?
Ans. The Act extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India (Section 1(2))
Ans. The Act come into force in a State on such date as the State Government may, by notification in the Official Gazette, appoint (Section 1(3)).
What is the definition of Child/children under the Act?
Ans. The Act defines “children” as son, daughter, grandson and granddaughter who are not minor.
What is the definition of Maintenance under the Act?
Ans. The “Maintenance” includes provision for food, clothing, residence and medical attendance and treatment;
What is the definition of a Senior Citizen under the Act?
Ans. A “senior citizen” means any person being a citizen of India, who has attained the age of sixty years or above;
Who are eligible for claiming maintenance under the provisions of the Act?
Ans. The Act provides that a senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application for claiming maintenance.
Whether a person other the claimant can file application on his/her behalf?
Ans. An application for maintenance may be made
by a senior citizen or a parent, as the case may be; or
if he is incapable, by any other person or organization authorized by him; or
the Tribunal may take cognizance suo motu.
Whether there is any provision for the Tribunal to order subsistence allowance to the claimant during the proceedings?
Ans. The Tribunal may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this section, order such children or relative to make a monthly allowance for the interim maintenance of such senior citizen including parent and to pay the same to such senior citizen including parent as the Tribunal may from time to time direct.
What is the time limit for disposing an application for claiming maintenance?
Ans. An application filed under sub-section (2) for the monthly allowance for the maintenance and expenses for proceeding shall be disposed of within ninety days from the date of the service of notice of the application to such person. However, the Tribunal may extend the said period, once for a maximum period of thirty days in exceptional circumstances for reasons to be recorded in writing.
What is the monitoring mechanism for implementation of the Act by the States?
Ans. The Act has been enacted in pursuance of the provisions of Article 41 read with Entry 23 of the Concurrent List (Schedule VII) of the Constitution of India. State Governments are required to notify the Act and frame Rules for implementing the provisions of the Act.
However, Section 30 of the Act enables the Central Government to give directions to State Governments for carrying into execution of the provisions of the Act. Further, Section 31 of the Act provides for periodic review and monitoring of the progress of implementation of the Act by the State Governments. The Ministry will act in accordance with these provisions to ensure effective implementation of the provisions of the Act by the States.
Has any timeframe has been prescribed for setting up of Tribunals by the States?
Ans. The State Government are required to constitute for each Subdivision one or more Tribunals as per the need within a period of six months from the date of the commencement of this Act.
What is the effect of the order of maintenance?
Ans. A maintenance order made under this Act shall have the same force and effect as an order passed under Chapter IX of the Code of Criminal Procedure, 1973 and shall be executed in the manner prescribed for the execution of such order by that Code.
Who can appeal to the appellate Authority under the Act?
Ans. Any senior citizen or a parent, as the case may be, aggrieved by an order of a Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal:
That is the time limit for an appellate authority to dispose of the appeal?
Ans. The Appellate Tribunal is required to make endeavours to pronounce its order in writing within one month of the receipt of an appeal.
Is there any penal provision for enforcement of maintenance order of the Tribunal?
Ans. Yes, the Maintenance Order given by the Tribunal will have the same effect as the maintenance order passed under Section 125 of Cr. PC. This will include imprisonment upto One month and issue a warrant for levying the amount due in the manner provided for levying fines.
What are the provisions about revocation of will?
Ans. As per the provision of Act, a senior citizen can seek to revoke any property, which has been transferred in favour of children/relative on the condition that such children/relative would provide maintenance to him but are not providing the same. The tribunals are empowered to declare such transfers as void on the applications of such parent.
Is any penalty/imprisonment is for the children who abandon their parents?
Ans. Yes, the Maintenance and Welfare of Parents and Senior Citizens Act 2007 contains penal provisions to discourage abandonment of parents by their children by imprisonment for a term of 3 months and a fine upto Rs. 5000/- or both on the children.
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