- 19-Jul-2025
- Marriage and Divorce Laws
In India, senior citizens often face challenges in accessing justice, especially when dealing with issues like maintenance, abuse, neglect, or property disputes. To address these challenges, special provisions have been made under various laws, including the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. This Act establishes tribunals specifically designed to address issues affecting senior citizens, ensuring quicker resolution of cases related to maintenance, care, and protection from abuse. These tribunals, while not courts in the traditional sense, serve a similar function by providing a dedicated platform for elderly citizens to resolve disputes with their family members or caregivers.
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 plays a key role in protecting the rights of senior citizens in India. The Act mandates the establishment of Maintenance Tribunals to specifically handle disputes related to the maintenance and welfare of elderly individuals.
Section 5 directs that these tribunals, known as Senior Citizens' Maintenance Tribunals, be set up in each district, and these tribunals have the authority to issue orders for maintenance, take action against neglect, and ensure the protection of senior citizens from exploitation.
The primary goal of these tribunals is to provide a quick and accessible forum for elderly individuals to file complaints regarding:
Cases under the Maintenance and Welfare of Parents and Senior Citizens Act are meant to be resolved quickly, generally within 90 days of the filing of the application. This fast-track mechanism ensures that elderly individuals don’t face prolonged legal battles.
The tribunals are designed to be less formal and more accessible to senior citizens, who may have difficulty navigating complex judicial procedures. These tribunals allow elderly victims of neglect or abandonment to get relief quickly, whether through orders for maintenance or protection from abusive family members.
While there are no dedicated family courts specifically for senior citizens, elderly individuals can approach family courts for disputes related to maintenance, inheritance, and divorce matters (if applicable).
Senior citizens also have the option to approach regular civil courts for property disputes or claims for financial or material support from their children or family members.
In some states, there are Social Welfare Tribunals that focus on resolving disputes related to elderly rights, social security, and care.
A major challenge is that many senior citizens are unaware of the Maintenance and Welfare of Parents and Senior Citizens Act, or their right to approach the tribunals. Increasing awareness through community outreach and education is essential to help elderly individuals access these legal platforms.
Despite efforts to make the process quicker and more accessible, some senior citizens may still face barriers in terms of physical access to the tribunals, especially in rural or remote areas.
Many elderly people are reluctant to take legal action against family members due to social stigma, cultural expectations, or fear of retaliation. This often results in underreporting of elder abuse or neglect.
In addition to the tribunals, various NGOs and social welfare organizations play a significant role in supporting elderly individuals who face abuse, neglect, or abandonment. These organizations provide legal aid, shelter, and counseling, and they can assist in filing complaints or taking cases to court.
The Police and District Social Welfare Officers also help enforce the tribunal’s orders and ensure that senior citizens are not subjected to further harm.
Mr. Shankar, an elderly man in Mumbai, has been abandoned by his son and daughter-in-law after they moved to another city. Mr. Shankar is left with no source of income and suffers from health issues. He decides to approach the Senior Citizens' Maintenance Tribunal to seek maintenance from his son.
Mr. Shankar files a complaint with the Senior Citizens' Maintenance Tribunal in his district, stating that his son has abandoned him without any financial or emotional support.
The tribunal, after hearing the case, orders Mr. Shankar’s son to pay ₹10,000 per month for his maintenance and also directs him to provide Mr. Shankar with medical care.
If the son refuses to comply with the tribunal’s order, further legal action, including attachment of property or garnishment of wages, can be taken.
Special Senior Citizens' Maintenance Tribunals, established under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, are critical in providing elderly individuals with quick access to justice, especially in cases of abandonment, neglect, and maintenance disputes. These tribunals play an essential role in safeguarding the rights of senior citizens, ensuring that they receive the care and respect they deserve in their later years.
Answer By Law4u Team
Discover clear and detailed answers to common questions about Cyber and Technology Law. Learn about procedures and more in straightforward language.
