PROTECTING THE ELDERLY WITH LAW: THE EVOLVING JURISPRUDENCE ON MAINTENANCE OF SENIOR CITIZENS

ABSTRACT

The maintenance of senior citizens has become a critical concern in India. With the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 at its core, the legal framework seeks to ensure financial security, property protection, and the right to live with dignity for the elderly. Judicial precedents have further strengthened these protections by recognizing implied duties of maintenance in the interest and welfare of senior citizens.  

KEYWORDS 

Senior Citizens, Maintenance,  the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23

INTRODUCTION

It is indeed ironic that though senior citizens are a treasure for the society, they often lack adequate care and support due to rapid disintegration of the protective social framework, consequently compelling the elderly to depend on legal mechanisms for basic support and dignity. It is recognizing these hard core realities, that the Indian legislature and judiciary have progressively reinforced the legal framework surrounding senior citizens’ maintenance and welfare. Beneficial Statutes including the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 coupled with the recent judicial precedents are an undeniable symbol of the diligent efforts taken to safeguard their rights to healthcare, financial protection and a life of dignity.     

CONSTITUTIONAL SAFEGUARDS FOR SENIOR CITIZENS

Within the constitutional framework, the firmly rooted pillar of Article 21, with its expanded judicial interpretation, extends beyond mere life and personal liberty to include the rights to health, medical care, livelihood, social security, and the right to live with dignity. In addition to this, there exists the Directive Principles of State Policy which includes Article 41 that makes the State duty bound to provide assistance in cases of old age, sickness, and disability. Further Article 46 mandates special protection for weaker sections against social injustice and exploitation. It is on the basis of these constitutional safeguards, the legislature has enacted beneficial statutes as a symbol of its commitment and care for the elderly. 

 STATUTORY SAFEGUARDS FOR SENIOR CITIZENS

1. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 : This is the primary piece of legislation that provides a statutory protection for the Maintenance and Welfare of Parents and Senior Citizens, as guaranteed and recognized under the Constitution. Some important provisions of this Act include Section 4 which deals with the Right to Maintenance that makes it mandatory for children or legal heirs to maintain their parents or senior citizens, ensuring that they have access to basic necessities like food, clothing, and shelter. If children fail to fulfil this duty, the aggrieved parent or senior citizen can file an application for maintenance.Further Section 5 empowers parents and senior citizens to file an application before the Maintenance Tribunal for the grant of maintenance. Also, Section 23 deals with Property Transfer and Reclaim, where, if a senior citizen has transferred property (movable or immovable) to a child or legal heir based on the condition that they will be maintained, and if that obligation is not fulfilled, the senior citizen can reclaim the property. This provision acts as a safeguard against fraudulent transfers made under coercion or deceit.
2. Section 144 of Bharatiya Nagarik Suraksha Sanhita, 2023 : Section 144 of BNSS (Section 125 of CrPC,1973) deals with the general provision for claiming maintenance irrespective of religion, caste or age. If a person refuses to maintain or neglects his or her parents, then the first-class Magistrate can pass an order directing the payment of monthly maintenance allowance. If the person fails to comply with or breaches the order of the Magistrate, then the Magistrate may pass an imprisonment order of one month or till the payment of the maintenance amount, whichever is earlier.  
3. Hindu Adoption and Maintenance Act, 1956 : Under Hindu personal law, children have a statutory obligation to maintain their elderly parents. This piece of legislation enshrines this responsibility, making it a legal duty for both sons and daughters. Particularly Section 20 of this Act mandates that children, including sons and daughters, are legally bound to provide maintenance to their elderly parents if the parents are unable to maintain themselves. 

JUDICIAL PRECEDENTS ON THE MAINTENANCE OF SENIOR CITIZENS

1. In Shabeen Martin and Anr v. Muriel and Anr, W.A No. 1851/2016, the Kerala High Court held that a gift deed made by a senior citizen can be revoked for not providing the basic amenities even if there is no specific clause in the transfer deed to provide for the senior citizen’s welfare. The brief facts are as follows 75-year-old Muriel, who is the sister of the appellant’s mother, had executed a deed transferring her property to the appellant and his wife. Later, Muriel filed a complaint before the maintenance tribunal stating that the property was transferred on the understanding that the appellant and his wife shall take care of her. As they have not done so, the transfer deed is liable to be declared as void as per section 23 of the Act.
2. In C. Srinivas vs. State of Telangana, W.P No.15033 of 2025, the Telangana High Court reiterated that mere non mentioning of a condition to maintain in a gift deed does not absolve the receiver from the duty of maintenance. The son/petitioner approached the Court, contending that his father had gifted him the property under question and he even paid his uncle (father’s brother) a sum of Rs.10 Lakhs for relinquishment of his share in the property. An MoU was also executed showing the same. He contended that there were no pre-conditions in the gift deed, stipulating maintenance, and thus, that ground could not be taken by his father. However the High Court declared the gift deed as null and void as illegal, arbitrary, unconstitutional and contrary to the provisions of the Senior Citizens Act 2007. 
3. The Supreme Court in Urmila Dixit v. Sunil Sharan Dixit, (2025) 2 SCC 787 has interpreted Section 23(1) of the Act to hold that express condition in the deed may not be required and non-maintenance of a senior citizen per se would result in invoking the implied condition for which such gift or settlement deed has been executed by the senior citizen out of love and affection, which is relatable to human conduct. Thus, challenge based on the ground that there is no reference in the recital of deed that transferee will provide basic amenities and physical needs to the transferor is of no consequence. 
4. In Sunil H Bohra & Others AND Assistant Commissioner & Others, W.P No. 13448 of 2021, the Karnataka High Court had put forth a recommendation to the Union Government for revisiting Section 9 of the Senior Citizens Act, 2007, which prescribes a ceiling of Rs 10,000 that can be ordered to be paid as maintenance to senior citizens by the Tribunal. This revision shall be in in tune with the cost of living index, so that the Act may not be reduced to a hollow promise, but remain a living guarantee of dignity in old age, as the Nation’s wealth is not measured by its material progress, but by the welfare of the child and the care of the elderly-old.

CRITICAL ANALYSIS

These judicial precedents are a clear indication of the shift towards occupying the beneficial purpose of the welfare statute of The Senior Citizens Act, 2007. By utilizing the strong in-built mechanisms within the Act, the judiciary has made conscious efforts in protecting the needs and dignity of the elderly. This is evident through the fact that Courts have reinforced the legislative intent by reading implied conditions of maintenance into gift deeds and thereby expanding the protective scope of Section 23. Additionally, the recent Karnataka High Court’s directive for revising the maintenance ceiling under Section 9 is a step further in truly securing elderly welfare.

CONCLUSION

It could be concluded that the recent developments that have occurred surrounding the maintenance of senior citizens showcases a clear commitment to safeguarding their dignity, security, and well-being. Through a purposive interpretation of the 2007 Act, courts have reinforced that neglect or ill-treatment of elders cannot be tolerated within a society founded on respect and familial responsibility.

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WRITTEN BY : AMYUKTA RAJAGOPAL