- 14-Jun-2025
- Elder & Estate Planning law
India’s elder protection framework is largely influenced by various international laws and conventions that promote the rights and dignity of older persons. As the aging population grows, it becomes imperative for India to integrate international standards into national laws, ensuring that senior citizens are protected from abuse, neglect, and exploitation. The global community’s growing emphasis on elder rights has helped shape India’s legal stance on senior care and protection.
These principles laid out a global framework for the protection of older persons, emphasizing independence, participation, care, self-fulfillment, and dignity. India, as a member of the United Nations, aligns its elder care policies to these principles.
Though not yet fully ratified, the draft convention aims to establish binding international standards for the protection of older persons’ rights. India has considered these in its legal policies concerning elder care, particularly in terms of their right to live free from discrimination and abuse.
WHO's strategy advocates for healthy aging and highlights the importance of legal protections for older adults. India’s National Policy on Older Persons (1999) takes inspiration from this document to address issues like elder abuse and access to healthcare for the elderly.
Under this covenant, India is committed to the right of older persons to an adequate standard of living, including access to health care, financial security, and social services. These rights align with India’s own senior citizen welfare schemes and pension policies.
The UDHR, which India subscribes to, upholds the rights of all persons, including senior citizens. It emphasizes the right to dignity, equality, and freedom from discrimination, all of which influence elder protection laws in India.
ILO's conventions on social security (e.g., Convention No. 102) affect India’s pension systems and welfare initiatives for senior citizens. These conventions advocate for universal social protection that includes older workers and retirees.
A major concern across the globe, including in India, is the abuse of older adults, both physically and emotionally. International frameworks advocate for measures to combat such abuse.
Many senior citizens, particularly those in care homes or without strong family support, suffer from neglect or financial exploitation. International guidelines suggest improving surveillance and reporting mechanisms.
Globally, older persons face challenges in accessing healthcare. International conventions emphasize the need for age-appropriate healthcare systems, and India has been working on incorporating these principles into its health infrastructure.
This Act ensures that children and relatives provide for the maintenance of senior citizens, and it protects them from abandonment and neglect. It aligns with international norms about the welfare of older adults.
The policy aims to improve the quality of life for senior citizens, inspired by international recommendations on aging and social inclusion.
This government fund is designed to address the financial security of senior citizens, ensuring they have access to social protection and health benefits.
Senior citizens or their caregivers should report incidents of abuse or exploitation to local authorities or through the helplines provided by organizations like HelpAge India.
Elderly individuals in India can file claims for pensions or social security under various state-run schemes.
An elderly woman living in a care facility in India finds herself subjected to emotional neglect and financial exploitation by the staff. Following international frameworks for elder care, the facility is required to report the incident and take corrective action.
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