Senior Citizens Guide 23-07-09.pmd - Helpage India Programme

93. LEGAL RIGHTS(a) CODE OF CRIMINAL PROCEDURE, 1973Section 125(1) (2) makes it incumbent for a person having sufficient means tomaintain his father or other who, is unable to maintain himself or herself and ongetting proof of neglect or refusal, may be ordered by a first class magistrate tomake a monthly allowance not exceeding Rs.500/-. It is applicable to all,irrespective of their religious faith and religious persuasions, and includes adoptiveparents. This section has been interpreted by the Supreme Court in its ruling soas to make daughters and sons, married or unmarried, equally responsible tomaintain their parents.(b) HINDU ADOPTION AND MAINTENANCE ACT, 1956The right of parents without any means to be supported by their children havingsufficient means has been recognised by section 125 (1) (d) of the Code of CriminalProcedure 1973, and Section 20(3) of the Hindu Adoption and Maintenance Act,1956. This act gives a statutory recognition to the well established normal obligationof a Hindu child (male or female) to maintain his aged or infirm parents, as long asthey are not able to maintain themselves.(c) LEGISLATION BY THE HIMACHAL PRADESHGOVERNMENTHimachal Pradesh Maintenance of Parents and Dependents Act, 2001 wherein asimple procedure was introduced for parents and being ignored by their childrento be given maintenance. In addition to making it obligatory for errant wards nottaking care of their aged parents, the bill aims at simplifying the procedure byauthorising the sub-divisional officer (civil) for fixing maintenance and Addl.Commissioner as the appellate authority so that the decision can be taken andcases disposed off promptly, bringing justice and relief to older persons withoutloss of time.Source : Gazette of Himachal Pradesh, 26th September, 2001(d) MAINTENANCE AND WELFARE OF PARENTS AND SENIORCITIZENS ACT, 2007Who is a Senior Citizen, Parent, Child or Relative under the Act?“Senior citizen” is any citizen of India of 60 years and above whether living inIndia or not.“Parent” is the father or mother even if not of 60 years yet.“Children” are adult son, daughter, grandson and grand-daughter“Relatives” are those who are either in possession of the property of the seniorcitizen or would inherit it.Who can demand maintenance under the Act?Parents and grand parents who are unable to maintain themselves from theirown income can demand maintenance from their children as defined above.