Elder abuse: Ground realities in India

Abstract

Elder abuse is an issue one often refrains from talking about or acknowledging it's existence in the society because of the various socio cultural factors involved. According to the Population Census 2011, there are nearly 104 million elderly persons (aged 60 years or  above) in India and the number is increasing. The number of abused persons is also disproportionately mounting. Unfortunately, most  of the abused, never report it. Indian legislations have lots of sanctions against the act of elderly abuse. Abuse of elders can result not  only in civil claims, but criminal charges as well, and the perpetrators may be prosecuted under existing criminal laws. Legal  obligations of children for maintenance of their parents are mentioned in Hindu, Muslim and the Christian laws. Neglected elderly  persons can also seek maintenance under Section 125 of the Code of Criminal Procedure (Cr PC). The elderly persons are given lots of  constitutional and civil safeguard and benefits. Basic human rights of elderly citizen are mentioned, besides their legal protection. In this review paper, different ethical and legal issues are discussed so as to draw the attention of all concerned for a multi-disciplinary  legal and holistic approach as a need of the hour to this grave problem.