ELDER ABUSE AND IT’S LAWS IN INDIA - (Article)
ABSTRACT:
The
Indian sub-continent holds up around 1.710 billion of population out of which
around 104 million are elderly person who are of age 60 years or above. In a
common knowledge, Aging is a natural phenomenon where the old ones encounter
many challenges and disabilities such as Alzheimer, Diabetes, Respiratory Disease,
Arthritis, Osteoporosis, etc because of which they need love, care, protection.
But today’s scenario is not same as that of earlier times as instead of they being
treated with love, kindness, care and respect; they are looked liabilities
which no one wants to carry even if they are the one who raised and brought up
the individual bearing all pains and suffering to give them a good and decent
lifestyle. The current generation no longer look upon there elders with respect
as they believe it is something in relation to westernization i.e.,
modernization in there sense. Therefore, here comes a really important question
that is it actually being modern by
disrespecting and abusing elders?
INTRODUCTION:
India is a country of diverse heritage, culture and traditions. People from numerous castes, religions and creed
reside in our country which has contributed towards the great cultural history
of our nation. That is why India is also phrased
as a symbol of unity in diversity. In contrast, it should be noted that
all these different ethnic groups have various uniqueness but they also possess
a certain affinities between themselves. This affinity emerges in their rituals, traditions, mannerism, etc.
One of the most common
sacrament is to show respect to elders. whether the person is related to the
individual or not. If the individual is younger then them then it is
essentially expected to show respect. As per in the past, the figure of the
elder was looked up as of great importance as their social and cultural roles
were reserve of highest place in the society. They were often referred as the experts of
society because their experience and knowledge.
Now-a-days, the number of
elderly people is steadily increasing solely due to improved living condition and medical facilities as over
the years with advancement in science and technology, there has been a
substantial increase in life expectancy. As per a report[i], the demographic profile depicts that in the
years 2000-2050 the population of people in their 60 years and above will
increase by 326% and those in the age group of 80 by 700%. It is considered as the
fastest growing group in the world where 1/8th of the world's elderly
population lives in India.
But due to exponential gain in the trend of
nuclear family; elders are prone to stay alone with or without caretakers, send
to old age homes or worst left on their own without any financial help. Which has led to a tremendous growth in the crimes against
the elderly’s such as home break-ins,
distraction, burglary, assaults, abuses, etc. All this has emerged as a
worldwide issue towards the old ones. Therefore,
In 2002, a report[ii] was presented by WHO to
divert International attention to the issue of elder abuse.
ELDER ABUSE
The concept of abuse on
elderlies is also known as elder mistreatment, senior abuse, abuse of old adults or abuse in later life. It
is defined as a single, or repeated act, or lack of appropriate action,
occurring within any relationship where there is an expectation of trust, which
causes harm or distress to an older person.
It includes harms by
individuals the older person knows, or has a relationship with, such as a
spouse, partner, family member, friend, neighbour or caregiver. The general form of elder abuse are recognized as types of
domestic violence or family violence as it is committed by family members
only.
TYPES OF ELDER ABUSE
There are numerous types of
elder abuse though the common
denominator in all abuses are the same that is the use of power and control by the predator to affect the well-being or
status of any elder.
Following are the some
abuses recognised against the older ones:
·
Physical: e.g. hitting, slapping, pushing, restraining, false
imprisonment/confinement, or giving excessive or improper medication plus withholding
treatment and medication.
·
Psychological/Emotional: e.g. humiliating, verbal forms such as yelling,
name-calling, constantly criticizing or nonverbal forms such as ignoring or
withdrawing affection.
·
Elder financial abuse: e.g. misappropriation of financial resources by
any of the family members, caregivers, or even by strangers.
·
Sexual: e.g. forcing to take part in any sexual activity or conversation
without his or her consent.
·
Neglect: e.g. depriving from proper medical treatment, food, heat,
clothing, comfort, etc.
·
Abandonment: deserting any elderly person with the intent to leave them
unattended at a place for such a time period that may be likely to endanger
their health or welfare.
·
Self-neglect: Elder self-neglect lead to illness, injury, or even death.
·
Institutional abuse: physical or psychological harm plus violations of
any right where care and assistance is provided to older adults or others, such
as nursing homes, etc.
CAUSES
OR REASONS FOR ELDER ABUSE
On an
analysis, it is viewed that there are proposed range of explanation for elder
abuse. Following are some listed below:
·
Psychological Aspects - Abusers
learn that violence is a way to solve problems or obtain a desired outcome.
·
Financial Aspects - Abusers
feel they don't receive enough benefit or recognition so they resort to
violence in an effort to obtain their fair share.
·
Revenge as an Aspect - a combination
of background and current factors, such as recent conflicts and a family
history of solving problems through violence, influences the relationship.
·
Social Aspects – it can be attributed
to both the victim's and abuser's social characteristics, the nature of their
relationship and power with the others in the family or society.
RIGHTS AND
LAWS FOR PROTECTION OF ELDER’S
In
India, there are various laws enshrined in our constitution which protects its citizens from any unlawful or
criminal act and it prohibits any unjust and unfair pursuit.
In
concern of senior citizens of our nation,
first and foremost, all the citizens of India no matter of what age,
caste, sex, colour or occupation are given the fundamental rights as a birth
right which is also a one of the most important basic structure of our
constitution; it can’t be amended so it become a backbone supporting their
people.
Further,
Article 21 of the constitution guarantees the right to life and liberty
to each and every individual. Therefore, it also includes our senior citizens too. Whereas, Article
41 of
the Constitution says
the state shall also though within the limits of economic capacity
and development, make effective
provisions for/to securing the right to
work, to education and to public assistance in case of unemployment, sickness
and disablement and in other cases of desertion and neglect. Moreover, Article
46 of the Constitution also implies a positive obligation on the state to promote with special care the
economic interest of the weaker section and to protect them from social
injustice and all other forms of injustice.
After 1956,
The Hindu Adoption and Maintenance Act, 1956 was introduced whereby Section 20(1) of
the act stated that every Hindu son or daughter would be under obligation to maintain their
aged and infirm parents. As in the case
of, K.M. Adam versus Gopalakrishnan[iii]
where it was held by the honourable Supreme
Court that if a child is Hindu - irrespective of their parents religion - is
entitled to maintain him or her.
In Muslim
personal law, it is clearly stated that it is the children’s duty to maintain their parents aged parents
even though they themselves are poor.
Furthermore,
section 125 (1)(b) of code of criminal procedure states that individual
who has sufficient means to maintain his parents if they are not able to
maintain themselves. In (Dr.) (Mrs.)
Vijaya Manohar Arbat versus Kashi Rao Rajaram Sawai And Anr[iv],
the honourable Supreme Court observed that a married daughter who is self
sufficient has a compulsory obligation of providing maintenance to their parents who do not have
any son.
SUGGESTIONS:
There
are various ways through which an individual could protect their elder ones.
Following are some suggestions listed below:
·
Awareness campaigns could be organized.
·
Legal Awareness campaigns could be organized
·
24x7 availability of help line numbers
·
Speedy help from law enforcement
·
Fully facilitated old age homes and health care centers
CONCLUSION:
Lastly
to conclude, it can be said that this world has place for each and every
individual to live here freely with peace, happiness and justice; no matter the
individual is infant, teenagers, adult or senior citizens. Each human being
possess self respect and dignity which one should received and given to one another. But in
contract, it should be kept in mind that elders are like root of a tree in a
family or society which becomes foundation for the betterment and strong nation
so they should be the one most respected and cared.
REFERENCES:
1.
Wikipedia.org
2.
Elderabuse.org.uk
3.
Quora.com
4.
Legalservicesindia.com
5. Channelkindness.org
-Yash Sinha
Guru Gobind Singh Indraprastha University.
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