- 19-Jul-2025
- Marriage and Divorce Laws
Abandoning a senior citizen is a serious crime in India, as it leaves elderly individuals vulnerable to physical harm, emotional distress, and exploitation. Elderly people are often dependent on their family members for care and support, and abandonment can result in long-lasting psychological and financial consequences. To address this issue, India has enacted various laws, including the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to safeguard senior citizens' rights and provide legal recourse in cases of abandonment. Punishment for abandoning a senior citizen can vary depending on the circumstances, and law enforcement plays an essential role in ensuring justice for the elderly.
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 specifically addresses the issue of abandonment of senior citizens. According to this Act:
If children or legal heirs abandon their elderly parents or relatives, they are liable to a fine of up to ₹5,000 and/or imprisonment for up to 3 months.
The law further emphasizes that if an elderly person is abandoned in a state of neglect or distress, the person responsible for abandonment can face legal action.
Apart from the Maintenance Act, provisions of the Indian Penal Code (IPC) may also apply in cases of abandonment, particularly if the act involves neglect or physical harm:
Although originally intended for spouses, this section is sometimes used in cases of cruelty or neglect toward senior citizens if the abuse happens within the home.
If abandonment leads to or is accompanied by the senior citizen’s attempt or act of suicide, the abettor may be charged under this section.
If a senior citizen is abandoned in a situation that endangers their life or well-being, the responsible party may face charges under this section.
In cases where abandonment is deliberate, and the elderly person faces harm or danger due to neglect or desertion, the punishment can involve:
This is the standard punishment for abandoning a senior citizen under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
A financial penalty may be levied in cases of abandonment, neglect, or desertion.
In severe cases where the senior citizen faces grave harm, the punishment could escalate to longer imprisonment and larger fines, depending on the situation and the circumstances surrounding the desertion.
If abandonment leads to physical harm or endangerment, such as abandonment in a dangerous or unsafe location (e.g., on the street, in remote areas), the law could impose harsher penalties under criminal negligence laws.
If the abandonment directly leads to death, the responsible person can be charged with culpable homicide, which carries significant punishment, including life imprisonment.
If abandonment causes significant harm to the senior citizen’s health, the offender could face imprisonment for up to 7 years and/or a fine.
Police play an essential role in ensuring that senior citizens' rights are upheld. In cases of abandonment, the police are responsible for:
They ensure the complaint is taken seriously and thoroughly investigated.
The police take immediate action to prevent further abuse or neglect of the elderly victim.
The police help guide the senior citizen or their advocates through the legal process.
In case of neglect or ill-treatment, police may also involve social welfare departments to arrange for temporary shelter and care for the abandoned elderly person.
Mr. Rao, an elderly man living with his son, is left alone at his home after his son moves out, abandoning him without any support. Mr. Rao is unable to care for himself and suffers from health complications, but his son refuses to provide any financial or emotional support.
Mr. Rao, with the help of neighbors, files a complaint under the Maintenance and Welfare of Parents and Senior Citizens Act, alleging abandonment and neglect by his son.
The authorities investigate the complaint, and the son is fined ₹5,000 and given a warning of possible imprisonment if he fails to provide proper care.
If the issue is not resolved, the case can be taken to a tribunal under the Act for a formal legal hearing, and the son could face imprisonment for up to 3 months.
Mr. Rao is temporarily relocated to a senior citizens' welfare home, and the authorities arrange for regular follow-up to ensure he is receiving appropriate care.
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