INTRODUCTION
Older adults are the backbone of the family, just like trees and their roots, which become stronger daily as we are aware of the fact, i.e., Old is Gold. In addition, the human race has gathered different experiences and intelligence over time. The perfect example is our parents and grandparents, who will always have more wisdom than the new generation. However, due to the westernisation and adoption of a new era, the younger generation is forgetting their values, and rather than treating them with love and care, there is a negative impact that has been seen for a long time. In the contemporary world, people have become advanced, forgetting about absolute values for older people. India has always been known for its culture and traditions, but its core values and etiquette are deteriorating daily in the hearts of young people. Older adults have played a crucial role in everyone’s life since childhood, which not only helps a child grow but also gives them an edge in their life for a better and successful career. Therefore, the youth is destroying the lives of older adults by creating a hostile environment in multiple ways, including physical and mental harassment and severe health issues. Thus, leading a hazardous life by attempting suicide or any other means that they think fit[1].
ELDER ABUSE AND ITS TYPES
According to the World Health Organisation, Elder Abuse is an act done by someone against someone with whom they have a relationship, and when there is a breakdown of trust and belief from their children, causing a lot of guilt and harm to the older generation. Because of this, our elderly parents are suffering unnecessary pain, damage, and violence. Even neglect, including the core needs of any human being, i.e., clothes, food, shelter, and even good health care, if not provided to them, will lead to unfulfillment of their responsibility, or any betrayal will lead to Abuse, which in today’s generation is taken very lightly.
Elder Abuse is categorised into different types, i.e., it can be Physical, Emotional, Sexual, Financial, or healthcare abuse[2]
- Physical Abuse- It is an intentional act causing huge pain, injury, and suffering to the elderly. It also stops them from doing anything of their own.
- Emotional Abuse- It is also known as Psychological abuse, where older people are getting distressed mentally. They are being emotionally tortured when their children hurt them repeatedly. It consists of harsh treatment, humiliation, ignorance, and even keeping them separate from their loved ones.
- Sexual Abuse- This is a very terrible act done by young people where they forcefully involve older people to watch sexual content and indulge them in such activities without their will and consent.
- Financial Abuse- It includes the intentional acts done by children to their parents’ accounts and bank details. They snatch up every resource available to older adults, from taking all the money to forging their signatures so that they can easily get their parents’ property.
- Healthcare Abuse- It involves all the wrong treatment or malpractices done by doctors and nurses as instructed by their superiors. They even provide them with the wrong medications so that their parents keep getting ill and won’t recover soon.
LAWS AND POLICIES TO PROTECT THESE ABUSE IN INDIA
It’s been a long time since our Indian legal system has been putting immense effort into safeguarding the rights of older people by initiating different policies and judgments given by the court. In 2019, the Act of Maintenance and Welfare of Parents and Senior Citizens, 2007[3] was amended to discuss the security of older people by protecting them from harsh treatment. Those who commit certain ofoffencesr something unacceptable in front of the law are punishable for a specific period, approximately three to six months, or a fine of Rs. 10,000, or both.
This was a significant change in the Indian legal system, which helped older adults to avoid receiving ill treatment[4]. Some of the programs also released by the government, like the Gandhi National Old Age Pension Scheme, National Policy for Older People, Annapurna program, etc, are being implemented so that our old age generation can be saved and get proper care and protection. Even though after has so many Programs and Policies, the government is still unable to safeguard them from elder abuse. Some of the NGOs, like Agewell Foundation and HelpAge India, are crucial non-governmental organisations that are helping to deal with the problem of elder abuse. They try to comfort them by providing good health, financial support, and, most importantly, emotional support, which is needed in older age.
They also deal with legal matters, including property cases and income tax, which most families face nowadays. Their main objective is to give them a better lifestyle, which every older adult deserves.
In the Case of Sunny Paul and Anr. v. State Nct of Delhi and Ors.[5], the court had interpreted the laws of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, where they had talked about whether the court only provides financial assistance or can also remove those children who perform abusive acts. Therefore, the court gave the verdict that the parents have the privilege to remove their children’s names from their property in case they misbehave or abuse them. By this act, they only want to protect the lives of older people[6].
WAYS TO CURB THESE ISSUES
With a heavy increase in Elder Abuse, there are multiple ways to deal with it, and it is very significant nowadays to know about the solutions to these problems available to them. A few Ways are that these people can go for police complaints, like filing a First Information Report (FIR) against such acts, which should be the first and instant reaction of elders in their nearest Police station, so that they can be safe from their devilish children.
Other than that, non-governmental organizations (NGOs) are the most convenient way to resolve elder abuse by taking the help of NGOs. It assists older people with utmost care and love. Even some special cells are available to older adults in many Police Stations’ senior citizen cells. Taking help or being in contact with them can easily prevent elder abuse. Older adults can also easily reach a toll-free number, i.e., 1800-121-1253, where they can get proper advice and help, such as the National Elders helpline. Lastly, one of the best ways is Legal Aid Services, which older people can rely upon, where they can easily get support and assistance they may not be able to afford for such legal matters[7].
CONCLUSION
If we look at the current situation, there is a need to focus more on the rights of older people. Many Schemes, NGOs, Policies, and Laws have been made to control the widespread elder abuse. There is a need of the hour to make people aware of the abuse of older people. The family members’ utmost responsibility, especially the children, should be to care for their elderly parents, who need a good environment and a comfortable life with their children. Moreover, this is a widespread problem in India and worldwide, and the state needs strict action. A significant change should be taught to the upcoming generation about the significance of their grandparents and their existence in a child’s childhood. Even on an educational basis, the younger generation should learn to care for their grandparents and provide them with love and affection. Now, we need to look at the ancient rules and practices as well because of the changing lifestyle in today’s world. Therefore, there is a need to preserve the rights of older adults and help them live decent and respectful lives.
Author(s) Name: Priya Bisht (Symbiosis Law School, Nagpur, Maharashtra)
References:
[1] Sushant University, ‘Challenges and laws relating to the elderly in India’ (2 December 2022)
<https://sushantuniversity.edu.in/blog/challenges-and-laws-relating-to-the-elderly-in-india/> accessed 21 July 2024
[2] Rishabh Gandhi, ‘Laws relating to elder abuse in India’ (14 June 2020)
<http://rgaa.co.in/blog/laws-relating-to-elder-abuse-in-india/> accessed 21 July 2024.
[3] Maintenance and Welfare of Parents and Senior Citizens Act 2007.
[4] Priya Maurya, Aparajita Chattopadhyay, Smitha Rao, Palak Sharma, ‘Understanding Elder Abuse in India: Contributing factors and policy suggestions’ (2022) JOPA
<https://www.iipsindia.ac.in/sites/default/files/other_files/57_Understanding_Elder_Abusein_India_Contributing_Fa ctors_JOPA.pdf> accessed 23 July 2024.
[5] Sunny Paul and Anr v State (NCT of Delhi) and Ors (2017) SCC OnLine Del 7451 (Del HC).
[6] Komal Sangwan, ‘An analysis of Elderly Abuse in India: A Human Rights Perspective’ (10 January 2024)
<https://www.humandroits.org/2024/01/an-analysis-of-elderly-abuse-in-india.html> accessed on 24 July 2024.
[7] Anchal Rawat,’Elder Abuse in India’ (22 July 2021)
<https://theadvocatesleague.in/blogs/view/ELDER-ABUSE-IN-INDIA-hun57X.html> accessed 25 July 2024.
