Center mulls 6-month jail term for those abandoning elderly parents
The Narendra Modi government is planning to increase the jail term for those who abandon or abuse their elderly parents, to six months from the existing three months. While only biological children and grandchildren come under the provisions of the existing Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the government has also proposed including adopted and step children. Here's more.
Adopted/step children, grandchildren, sons-in-law, daughters-in-law may come under provisions
The Social Justice and Empowerment Ministry, which is reviewing the existing Act has proposed widening the definition of children to include adopted or step children, sons-in-law, and daughters-in-law, grandchildren, and minors represented by their legal guardians, a senior ministry official said. It has drafted the Maintenance and Welfare of Parents and Senior Citizen Draft Bill, 2018, which once approved will supersede the existing act.
Govt also planning to remove Rs. 10,000pm maintenance amount limit
The draft Act also proposes doing away with an upper limit of Rs. 10,000/month as maintenance amount, thus making it variable. The existing Act makes it a legal obligation for children/heirs to provide maintenance to senior citizens and parents, by a monthly allowance of Rs. 10,000. Elderly parents can approach a Maintenance Tribunal in case their children neglect or refuse to maintain them.
Why did the government propose variable monthly maintenance amount?
"Those who earn well can and should of course shell out higher amount for the upkeep of their parents. Also, the definition of the term maintenance should go beyond providing food, clothing, housing, healthcare, and include safety and security of parents," the senior official said.
