What is Elder Abuse?
Elder abuse is an act of harming elderly. It is an act of commission or omission done knowingly or unknowingly resulting into sufferings by elders. The abuse may be of various categories being physical abuse, emotional, financial distress, sexual, healthcare, negligence amongst others.
What is considered as Elder Abuse?
It’s an act done intentionally to inflict pain or cause physical injury to the elder person with an intent to hurt the said person.
- Psychological or Emotional abuse:
An act done with an intent to cause mental harassment to the person and hurt the emotional sentiments of the said person which may cause humiliation, scapegoating, isolating an elder from social gatherings, unnecessary blaming thereby leading to mental torture.
An act involving inappropriate utilisation of finances of elderly. The act may include improper use of funds of such elder person, theft, forging signatures for one’s benefit thereby causing financial loss to such elder person.
An act causing sexual discomfort to the elderly. Such act may involve sexual acts such as showing pornographic content to the elderly without their consent. Touching the elderly inappropriately and making them feel uncomfortable.
An act of failure to take necessary care and fulfil basic requirements of the elder done intentionally or unintentionally making them feel neglected leading to mental agony. The elderly may feel lonely if neglected by the family members which may lead to depression.
Laws to Protect Senior Citizens
1. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (MWPSC Act, 2007) - The Act has been enacted to primarily protect the rights and interests of the senior. It also sets out laws enabling senior citizens to lead life with dignity and respectfully.
2. Bhartiya Nagarik Suraksha Sanhita, 2023 – The Act provides for provision in cases wherein children fail to maintain their parents who are unable to maintain themselves. It states that upon proof being produced with regard to the neglect or refusal to maintain parent who is unable to maintain themselves, such Magistrate can direct the children to give monthly allowance to such parent who is not in a position to maintain themselves. Such amount shall be determined by the Magistrate and has to be paid from time to time by children.
3. Hindu Adoption and Maintenance Act, 1956 – The Act provides for providing financial support to parents under Hindu Personal laws. The Act states that children are liable to support their parents. The Act also states that both boy as well as girl child are responsible to support their parents. It further provides that the parents who lack financial means shall only have the right to seek financial help in terms of the Act. The adopted children are also liable to maintain their parents.
4. Muslim Personal Laws – In terms of the provisions laid down in the act children are required to provide financial support to their elderly parents. In Muslim law children who come from privileged backgrounds ought to support their parents, irrespective of the parents’ capability to earn independently. The mother has to be supported despite the fact that she is physically fit and is in a difficult situation. A son is bound to support his father financially in every circumstances. As per the Muslim law both daughter and son are bound to maintain their parents.
5. Christian and Parsi Law – Christians and Parsis do not have personal laws that helps with the issue of maintenance for individual guardians. To request any financial support, parents must apply in line with the regulations outlined in the criminal procedure.
Consequences
Elder abuse may lead to depression, anxiety, self-neglect, poor physical health and mental health, leading to isolation by the elderly. The abuse may lead to untimely death of the elder person, lead to breaking family ties, and financial loss. It may lead to such person living life in fear.
Punishments
- The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
The said Act provides that an individual responsible for taking care and protection of a senior citizen, if found to have abandoned such senior citizen, shall be punishable with imprisonment which may extend up to 3 months or fine which may extend to 5000 rupees or with both.
- The Bhartiya Nagarik Suraksha Sanhita, 2023
The Act provides that in cases wherein any person fails without sufficient cause to honour the order of maintenance passed by the Magistrate, such person shall be sentenced for the whole or any part of each month’s allowance for the maintenance or interim maintenance as well as towards the proceedings. It further provides that towards the remaining unpaid amount after the execution, imprisonment can be ordered for a term which may extend to a month or until the payment is made.
Conclusion
The consequences of elder abuse are extreme and multifaceted and affect communities, families and individuals. To protect vulnerable elders and promote their well-being awareness and proactive measures are essential.
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