Safeguarding the Rights of Elderly and Seniors

Context

According to the United Nations Population Fund, the number of persons above 60 years in India is set to more than double from 100 million in 2011 to 230 million in 2036, making up nearly 15% of the total population.

This is projected to further rise to 319 million by 2050, nearly one-fifth of the total population. India is supposedly held to be going through the third phase of demographic transition model.

Demographic Trends in India

• Declining fertility rates and increasing life span are driving this transition. The average household size in India has reduced from 5.94 in 2011 to 3.54 in 2021.  
• Households with smaller families and a growing number of older people, who may suffer from chronic illnesses, call for a reset of the health and social care system.  
• Care for seniors at home is a growing concern as it oscillates between social care and health care, often blurring lines between the two. The changing family structure is paving the way for external assistance in caring for older people at home. 
• Life expectancy in India has more than doubled since Independence from around 32 years in the late 1940s to 70 years or so today. Many countries have done even better, but this is still a historical achievement.  
• Over the same period, the fertility rate has declined from about six children per woman to just two, liberating women from the shackles of repeated child-bearing and child care.  
• All this is good news, but it also creates a new challenge —the aging of the population and increasing Elderly Dependency Ratio.

Challenges with Elderly Population in India

• Changing Healthcare Needs – In a demographic where the growth rate of elders far exceeds that of the young, the biggest challenge is to provide a range of quality, affordable, and accessible health and care services to the elderly. 
• Low HAQ Scores – As per the 2016 Healthcare Access and Quality (HAQ) Index, India (at 41.2) is still significantly below the global average of 54 points, ranking 145 out of 195 countries. The low HAQ worsens even further in smaller cities and rural areas where basic quality health-care services are very inadequate. 
• Social Issues – Factors such as familial neglect, low education levels, socio-cultural beliefs and stigma, low trust on institutionalized health-care services etc. exacerbate the situation for the elders.  
• Inefficient Welfare Schemes – Despite Ayushman Bharat and public health insurance schemes, a NITI Aayog report indicates that 400 million Indians do not have any financial cover for health expenses. Despite the presence of pension schemes at centre and state level, a mere pittance as low as ₹350 to ₹400 a month is provided in some states which too is not universal. 
• Feminization of Ageing – One of the emerging issues of population ageing is the “Feminization of Ageing”, that is many more women than men reaching older ages. Census of India shows that the sex ratio of the elderly was considerably high (1028) in 1951 and subsequently dropped to about 938 in 1971, but finally increased up to 1033 in 2011.

Legal Provisions for Senior Citizens in India

• Article 41 and Article 46 are the constitutional provisions for elderly persons. Although directive principles are not enforceable under the law, it creates a positive obligation towards the state while making any law. 
• Section 20 of Hindu Marriage and Adoption Act, 1956 makes it obligatory provisions to maintain an aged parents. 
• Under Section 125 of Criminal Procedure Code, the elderly parents can claim maintenance from their children. 
• The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeks to make it legal for the children or heirs to maintain their parents or senior citizens of the family.

Steps taken to Alleviate the concerns of Senior Population

• Protection from Destitution – The first step towards a dignified life for the elderly is to protect them from destitution and all the deprivations that may come with it. Cash in the form of a pension can help to cope with many health issues and avoid loneliness as well. That is why old-age pensions are a vital part of social security systems around the world. 
• Following the Model of Successful states – The southern States and India’s poorer States such as Odisha and Rajasthan have achieved near-universal social security pensions. Their actions are worth emulating. It would be much easier for all States to do the same if the central government were to revamp the National Social Assistance Programme (NSAP). 
• Transparent “Exclusion Criteria” – A better approach is to consider all widows and elderly or disabled persons as eligible, subject to simple and transparent “exclusion criteria”. Eligibility can even be self-declared, with the burden of time-bound verification being placed on the local administration or gram panchayat. 
• Policy Interventions – It is crucial to have a robust public policy to support homes for the elderly. These old age homes must be guided by policy interventions to make their facilities, buildings and social environment elderly-friendly. Design, architecture and civic facilities must be taught from the ground up — and these innovations must be available for all residents, not just those living in expensive ones.

Conclusion

While the emphasis on making India’s youth “future ready” is commendable, it should not overwhelm another equally important demographic that requires attention. The experience of countries such as Japan demonstrates that mechanisms for caring for the elderly are critical for the younger generation to contribute to the country’s economy. Furthermore, it is a society’s moral and ethical obligation to care for its citizens after they have reached their prime, in exchange for their lifetime of physical, social, emotional, and economic contribution in the community.

SOURCE: The Indian Express

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