The constitution of India prohibits any discrimination of citizens based on religion, caste, race, sex, or place of birth. This important fundamental right is enshrined in Article 15, which has recently been in the news due to a popular and well-made film of the same name, which focuses on the atrocities faced by the Dalit community in a village somewhere in India’s heartland. The same article also allows special provisions for women, children and socially or educationally backward communities and tribes.
However, neither the constitution nor the Indian Penal Code nor any other act, or rule in India till date prohibits discrimination based on age. Therefore, it follows that discrimination against older persons due to age is not a crime per se in India.
So, what can a senior person in India expect, at a time when the world’s population is gradually aging and many governments are scrambling to restructure their attitude and views towards their older population. Indeed, our Government has taken a few steps to recognize the need for older people to be more valued in society as well as enjoy protection from neglect, abuse and lack of opportunities. These have come about in the form of Policies and Acts but unfortunately, awareness regarding these are limited. Also, punitive measures specified within the provisions of the said acts and policies are negligible, if at all enforced.
The Maintenance of Parents and Senior Citizens Act introduced in 2007 is very relevant to ensure equality for older people in our society. For example, it is not common knowledge that if a parent or childless senior citizen is unable to support himself / herself, they can submit an application to the District Social Welfare Officer who is also the ‘Maintenance Officer’ for the Maintenance Tribunal which adjudicates on this matter. In such circumstances, according to the provisions of the act, the children of such parents and relatives (inheritors or beneficiaries) of childless senior citizens are bound by the statutes of this act, to provide for their upkeep. The maximum monthly maintenance provision is of INR 10,000/- and the parent’s application must mandatorily be processed by the State Maintenance Tribunal, within a maximum of 120 days. Often older people are either unaware or unable to apply for this right themselves and NGOs or good samaritans may apply on their behalf. In case, they have been abandoned by their children, these children (not minors) can face imprisonment for up to 3 months or a fine of up to INR 5000/-. You can read the whole Act at http://socialjustice.nic.in/writereaddata/UploadFile/Annexure-X635996104030434742.pdf
Let us also talk about the National Policy for Senior Citizens which came into force in 2011, about 12 years after the first National Policy for Older Persons which was declared by the Government of India in 1999as an intention to extend support for financial security, health care, shelter, welfare and other needs of older persons.
It has predicted that while the total Indian population will grow by 55% between the years 2000 to 2050, the Young Old (60-79 years) will grow by 326% and the Older Old (>80 years) will grow by a whopping 700%! Providing financial security through Old Age Pensions, Distribution of Food Rations, Reduction of Taxes and Cheap loans though proposed are yet to see sufficient coverage in terms of beneficiaries. AISCCON reports indicate that our seniors are exceedingly vulnerable to crime, whether violent, or, increasingly, electronic, with bank and credit card frauds. Additionally, many of the elderly suffer acute financial crisis due to medical costs of hospitalization, which were reported to have risen by 176% between 2004 and 2014, by a National Sample Survey Organisation (NSSO).
Healthcare is an important aspect of support for seniors and while the Government is taking initiatives in the creation of more Old Age homes, research is increasingly pointing to the marginalization of the elderly in these facilities and the need for integrated community living. The rural elderly are at an advantage due to the continuing tradition of a joint family or community where peers can take care of each other. Alternately, given the tradition of grandparents looking after children& vice versa, there is no major gap in care-giving needs in the villages. The situation is worrisome in the urban sector with seniors being left completely on their own. Home Healthcare, which is a new concept in India has therefore caught the fascination of the urban elderly due to the multiple advantages of living in a familiar environment while having a surrogate medical family to care for, when the bread winners of the family are away. At a fraction of the cost of a hospital stay, the elderly can be treated and cared for in the comfort of their homes. Companies like Aji, Wincare and Care Continuum are providing invaluable support to the empty nesters in the Metro cities and are expected to proliferate into the Tier B cities too – areas which are subject to workforce migration.
However, Home Healthcare is in the private sector and with no special status assigned by the Government in terms of benefits or sops as a social enterprise, the costs for these essential services are likely to rise in the near future. Employ ability and Productivity forms another aspect of equality for the aging and in this aspect our country performs poorly not just due to the prejudices but also due to the poor health status of older persons. Although life expectancy has increased significantly, lifestyle diseases have a massive impact these extended years in terms of morbidity. The recent trends of encouraging Yoga among all is a positive initiative which encourages self-help and reduced dependency on limited public resources. An increasing number of seniors suffer from neuro-degenerative disorders such as Dementia and Parkinson’s and they require long term physical therapy for maintenance.
Due to a fixed mindset, retirement ages are still fixed by the Government at about 60 years of age even when life expectancy has increased to over 15 years beyond this milestone. Increased financial dependency is likely to lead to further discrimination and neglect by society as well as the proliferation of mental disorders associated with redundancy such as depression. To successfully tackle the explosion of the aged population, it is imperative that we brainstorm and deploy innovative measures. Raising the retirement age or indefinitely extending it based on health checks, introducing a parent tax, providing exemptions to & incentivizing home healthcare and eldercare organisations, encouraging fostering of seniors by the community are some of the possibilities that could be explored. As a society, we must now take up the responsibility for ensuring a safe and productive period of living for those above 60 years because #60+counts.