1. Laws Relating to Elderly
Dr.T.S.N.Sastry
Prof & Head
Dept of Law
University of Pune

2. Introduction
Older persons are increasingly seen as contributors to development, whose abilities to act for the betterment of themselves and their societies should be woven into policies and programmes at all levels. 
As fertility rates decline, the proportion of persons aged 60 and over is expected to double between 2007 and 2050, and their actual number will more than triple, reaching 2 billion by 2050.  In most countries, the number of those over 80 is likely to quadruple to nearly 400 million by then.
With this increase in numbers it is most important the rights of the older persons need to be protected legally both at international and national sphere.

3. International Scenario
Art 25 of the Universal Declaration of Human Rights speaks for the health and well being of all the people.
Taking into consideration of this, the UN in the year after the continuous recommendation of the ECOSOC and other organs called for the First World Conference in This was described as the Vienna Conference of Plan of Action.
It has adopted 62 recommendations. In this The main concerns of the Plan were issues related to health and nutrition, protection of elderly consumers, housing, social welfare, family, income security, unemployment, and education.
In 1991, the United Nations issued its Implementation of the International Plan of Action on Ageing and Related Activities, which contains the United Nations Principles for Older Persons. They are Independence; "Independence“ with reference to basic provisions of food, water, shelter, clothing, and health care, but also to the right to work and to have access to education and training.

4. Participation" refers to the rights of older persons to form associations and movements so that they can actively participate in the "formulation and implementation of policies that affect their well being.
"Care" refers to the right to enjoy human rights protection regardless of whether the elderly person is living in their own home, in a treatment facility, or in a shelter
"Self-fulfilment“ refers to the right to the full development of elderly persons'
potential through access to cultural and educational facilities and resources.
Finally, “Dignity" refers to the right to live in security and free of exploitation, abuse, and discrimination.
1992 General Assembly Resolution and 2001 global targets on the ageing and the Proclamation on Ageing urged the member states to include the rights of aged women whose contribution is also very important.
The 2002 Madrid Second World Conference on Ageing revised the criteria . It adopted a three pronged criteria :

5. Older Persons and Development: Policies and legislation to be adopted by member states.
Advancing Health and Well-Being into Old Age which focuses on the need to ensure universal and equal access to health- care services, and the mental health needs of older people.
The Third one Ensuring Enabling and Supportive Environments. It ‘s focus on regarding the availability of services, and the affordability, accessibility, and cultural adequacy of the right to housing.
Apart from the above, the UDHR, ICCPR and ICESCR also specify a number of rights to older people and impose a duty on the states to extend their fullest cooperation in rendering their best to the older persons.

6. National Perspective Application for maintenance
The salient features of the National Policy of Older Persons adopted in 1999 are Financial Security; Health Care and Nutrition; Shelter; Welfare; Basic Facilities; NGO’s Research and Training.
THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 was enacted by the Parliament for better augmentation of the older persons rights and welfare.
Chapter I deals with a number of definitions.
Chapter II Duty of the Children or the relatives of Senior citizen to take care of them. In the case of relative a person who is going to inherit the property need to maintain such person.
Application for maintenance
An application for maintenance under section 4, may be made -
by a senior citizen or a parent, as the case may be; or
if he is incapable, by any other person or organisation authorised by him; and the tribunal make take it on its own.

7. Maintenance
An application can be filed by a senior citizen for maintenance. It can be filed against one or another.
The tribunal has to give opportunity to the other parties.
Interim orders may be passed for maintenance.
All applications to be cleared with in ninety days from the date of service of notice to other parties.
The death of any one person will no way affect the maintenance petition of other persons.
Failure to comply with the maintenance order of the Tribunal, it may increase the amount for every month for defray period or may impose fine or issue punishment.

8. Jurisdiction and procedure
An application may be filed in the tribunal where ordinarily the senior citizen resides or where the children or relative lives.
To continue the proceedings it has the powers of a criminal Magistrate
In the case of willful negligence of the children or relative to appear before the tribunal, it can pass exparte orders.
Procedure: It has the powers of a Civil Court
The maintenance amount should not extend to a maximum of ten thousand rupees
No fee or charges are levied against a older persons.
If the order of the tribunal for maintenance are not adhered, it may ask them to deposit the amount with it with interest payable to the senior citizen
Duty of each state to constitute the tribunals with in six months from the date of implementation of the Act .

9. Appellate Tribunal Each State should have an appellate tribunal.
An Appeal may be filed by a senior citizen with in 60 days from the order of the Tribunal.
On receipt of an appeal, the Appellate Tribunal shall, cause a notice to be served upon the respondent.
The Appellate Tribunal may call for the record of proceedings from the Tribunal against whose order the appeal is preferred.
The Appellate Tribunal may, after examining the appeal and the records called for either allow or reject the appeal.
The Appellate Tribunal shall, adjudicate and decide upon the appeal filed against the order of the Tribunal and the order of the Appellate Tribunal shall be final:
Provided that no appeal shall be rejected unless an opportunity has been given to both the parties of being heard in person or through a duly authorised representative.
The Appellate Tribunal shall make an endeavour to pronounce its order in writing within one month of the receipt of an appeal.
A copy of every order made under sub-section (5) shall be sent to both the parties free of cost.

10. Responsibilities of Govts
Both the Union and States have the responsibility to establish Old age homes
To Provide Medical Air
To make the Life and Liberty to be exercised freely by Senior Citizens
Research need to be undertaken for the promotion of their rights
Special authorities may be constitute for their welfare and implementation of the Act.
All Civil Courts are barred to entertain any claim.
Any difficulty may be removed by Union and States in the implementation of the Act or any provision of the Act.
There are certain defects in the Act
It has not specified any Action to be initiated by the Union against such states which differ or non-implementation of the provisions of the ACT.
It may entrust the duty with officers of special officers . It would be better to specify such officers who would be entrusted such duty
It stated children in abroad will be dealt with, the procedure is complicated and not specified what to be implemented.
The Scheme of old age homes need to be uniform
States need not be given to much powers to mend with as they like.

11. Conclusion
A traditional and culturally value based country , it is unfortunate the first teachers, Mother and Father are neglected.
By Mere Passing Acts the Governments can handoff their responsibility, they have to lend their helping hand at all times.
Cultural and Value based education to be inculcated into the minds of youngsters
The provisions of the constitution May be better implemented than preaching by the political parties once they adhere to the normative values than to lip service.
In order to achieve that as a Fifth Estate of the State, we at University of Pune first in the Country or may be in the World introducing the basic courses on Human Rights and Values to all the Students from this Academic year.
We plan to establish a research cell in future for the older citizens.