Rights of Elderly

DR NAVJEET SIDHU KUNDAL

 United Nations, which is the modern day master of protection of
human rights and peace at the international level, has time and
again considered the issue of elderly rights. Accordingly, various
efforts have also been made by the organisation to protect the
human rights of the aged.
 Universal Declaration of Human Rights, 1948 The Universal
Declaration of Human Rights of 1948, which is the foundation of the
contemporary human rights law, for the first time, recognised the
right to security of the elderly under the provisions of Article 25. This
recognition of the rights of the elderly served as the basis for the
formulation of various other documents in this direction.
 Vienna International Plan of Action on Ageing, 1982 The initial
coordinated efforts for the recognition and protection of the rights
of the elderly on the basis of the Universal Declaration of Human
Rights, 1948 were made in the year 1980 when the issue was
incorporated in the United Nation’s agenda. Consequently, a World
Assembly on Ageing was organised in the year 1982 for the first time
at Vienna, where 124 nations of the world were represented. An
International Plan of Action on Ageing was adopted in this
Assembly, known as the “Vienna International Plan of Action on
Ageing”, to assist and protect the elderly community.
UN Principles for Older Persons, 1991

 The Vienna International Plan of Action on Ageing of 1982 was

followed by the adoption of the UN Principles for Older Persons in
the year 1991 by the UN General Assembly vide Resolution No.
46/91. The principles were adopted to facilitate the implementation
of the Vienna Plan of Action of 1982 by clearly identifying the
various rights of the elderly persons. The UN Principles for the elderly
comprises of 18 Principles grouped under 5 themes. The Principles
acknowledge that the diversity in the elderly community, healthy
advancement of age and the ageing of population imposing a
strain on the family life and thus, there is a necessity to support the
elderly as well as those providing care to them.
Madrid International Plan of Action
on Ageing, 2002
 The International Plan of Action on Ageing was criticised by many
scholars for the lack of age-based perspective. Later, in the year 2002,
the document was revisited by the United Nations in the Second World
Assembly on Ageing held in April, 2002 at Madrid. A revised
International Plan of Action on Ageing, commonly known as the Madrid
Plan was adopted in this Conference with the consensus of 159 nations.
 The plan called for
 Promotion of all human rights and fundamental freedoms of the elderly,
including their right to development
 Combating the issue of ageism
 Including the ageing concerns in the global agenda
 Elimination of Neglect, Abuse and Violence towards Older People
Indian Position

 Article 41 and Article 46 are the constitutional provisions for elderly

persons. Although directive principles are not enforceable under the
law, but 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 elder 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.
 Convention on the Rights of Older Persons is proposed in united
nation.
 Maintenance of Parents/senior citizens by children/
relatives made obligatory and justiciable through
Tribunals
 Revocation of transfer of property by senior citizens
in case of negligence by relatives

• Penal provisions for abandonment of senior citizens

• Establishment of Old Age Homes for Indigent Senior
Citizens
• Protection of life and property of senior citizens
• Adequate medical facilities for them.