As we slowly and gradually enter into the old age we tend to experience some changes and may have some disabilities which are totally normal in this age. People in this age are needed to be supported in every possible way whether it be emotionally, financially, physically or mentally. But the sad part of the reality is that some people in today’s world fail to understand such basic fundamentals of humanity. The instances of ignorance of elderly people and their needs by their children are increasing, and it doesn’t stop here as in many cases it also results in elder abuse.
Indian Scenario
India is the country of ethics and emotions, where we respect each other’s emotions and believe in living together peacefully. Old Age has never been a problem for India where we appreciate and welcome a value based, joint family system. Indian culture, from its existence had been respectful and supportive of elders. With that in background, the elder abuse was never considered as an Indian problem and was always been thought of as a western problem.
However, the coping capacities of the younger and older family members are now being challenged and more often than ever realized. There are instances where sometimes an unwanted behavior by the younger family members is shown, which is experienced as abnormal by the older family member and makes them feel neglected and dejected.
Earlier people used to regard their parents with utmost respect and used to worship them as god, but the grim realities of today’s world are totally divergent. Parents are seen as a burden by the children which nobody wants to carry. This is the reason many parents are found in miserable conditions roaming here and there or dumped in old age homes. Today the situation is quite ironic and dreadful, where even an animal gets more love and [1]affection than humans and humans are treated worse than animals. It is hideous how mercilessly parents are being abandoned by their children.
They are the one who work their entire life tirelessly in order to see their children reaching heights and selflessly provide everything within their bounds to make them a civilized human being. As our parents get older with time they face some difficulties and disabilities with is totally normal, and all they want is to be loved and supported in the same way they did for their children, but when the reverse conditions come these children seem to dodge away with their responsibilities.
The self-centered attitude of kids and gradual shift towards the western culture has weakened the grip of cultural values and ethics amongst the new generation. One of the other reason for such a behavior is, the increasing greed among the people and their constant desire to be rich and powerful. So they engage in elder abuse and exploit their parents emotionally and mentally in order to force them to cede their property and other valuables in favor of their children.
Elder Abuse: Meaning And Types
According to the World Health Organization (WHO),Elder abuse (also called elder mistreatment, senior abuse, abuse in later life, abuse of older adults, abuse of older women, and abuse of older men) is a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person.It is not always necessary that abuse is done by the children only, it can be done by anybody like the spouse, family member or any other person on which an elderly person is dependent, but the major problem that needs to be deal with is the abuse by the children (including their spouse). The term abuse appears to be very simple but it is literally very complex term and has a very broad meaning. It has various types like – physical abuse, emotional abuse, sexual abuse, financial abuse and neglect. These are various kinds of abuse that an elderly person may go through:
- Physical abuse:
Elder physical abuse is the intentional use of force against an elderly person that leads to physical harm, ranging from physical pain to death.
- Emotional abuse:
Psychological and emotional abuse are intentional acts that inflict mental pain, fear, or distress on an elder. It may include insulting, isolation, humiliation, intimidation and name calling.
- Sexual abuse:
Elder sexual abuse is the forced or unwanted sexual interaction of any kind with an older adult. Some of the symptoms of sexual abuse may include- bleeding from anus or genitals, newly transmitted sexually transmitted diseases, pain of anus or genitals, pelvic injuries etc.
- Financial abuse:
Elder financial abuse is the illegal, unauthorized, or improper use of an older individual’s resources by someone in a trusting relationship with that individual. This kind of abuse can take place with the people who are unable to understand their financial statements or conditions because of old age.
- Neglect:
Elder neglect happens when the person responsible for the care fails to protect an elder from harm or meet an elder’s needs in a way that results in or risks serious injury.
Neglect is not an honest accident:
it is the result of carelessness or a lack of regard for the wellbeing of an elder. It may include depriving elders from basic needs like- shelter, clothing, health upkeep or nutrition needs.
Why We Need Laws Against Elder Abuse?
Talking about the facts, the global share of older people (of age 60 and above) has increased from 9.2 per cent in 1990 to 11.7 per cent in 2013, and it can be estimated that till 2050 it will increase up to approx. 21.1 per cent. So in simple words we can say that the old age population is tend to increase in coming future. With each day passing, India is becoming old with 8.3 per cent of its population aged 60 years or above. So , with the change in pattern of population there is need to bring a change in the way we address the problems of the elderly whether it be physically, emotionally, mentally or financially.There is a kind of realization amongst the elders that they are more of a burden to their children. Elders who are living with their families sometimes feel marginalized and insecure because they are unable to cope with changes due to the generation gap. Also with growing age they develop some disabilities due to which they are dependent on others for their day to day chores , this dependency on others many times becomes the reason for their decreasing confidence. Earlier one or the other member of the family used to stay at home, in order to look after the elders, but now it is not the case as each and every one of us is busy in our own lives and this had somehow led the care of the elderly to take a backseat.
A study has made some observations that, in India more than one fifth of the elders have experienced elder abuse and around 7 out 20 have been its victim on the daily basis. It is quite horrifying that daughter-in-law and son are major culprit behind the abuse. The most common types of abuse faced by elders are neglect, disrespect, verbal abuse, ignorance, name calling and physical abuse like beating and slapping.
With each coming year there has been an increase in laws related to protection of women, children, transgender and other weaker section of the society , which is wonderful and praiseworthy , but it is our biggest limitation that such an issue like elder abuse has remain neglected. Although, it has not been completely neglected as some laws exist regarding the same, but those are not enough or sufficient to address this problem which is increasing each day. In addition to it, we all got a reality check during the lockdown period as there was a sudden increase in the cases of elder abuse all across the country.
Many pictures, videos became viral where people could be seen beating and abusing their parents and in-laws. Also, a survey was conducted among the old age people where it was found that around more than a thousand calls were made to old age helpline numbers asking for urgent help. It was found that some people used to beat their parents because they were not able to cope with the changes or the inconvenience they were facing due to continuous lockdown and so they became infuriated and in order to soothe the anger they used to beat them. It is one of the most unaccommodating reason ever given by someone to beat their parents, like what, are they your parents or a punching bag that you’ll smack anytime you want.
Indian Provisions Regarding Elder Abuse
The questions arises that what are we doing to handle this problem and do we have any provisions regarding the same in our country. Some of the acts and bills that have been introduced in this regard are-Maintenance of Parents Act (2007) - This law was amended twice, first in 2013 and then in 2018. The original Act directed that the sons have a legal obligation towards taking care of their parents. After an amendment in 2013, the parents could complain against them and the sons could be held legally for not supporting their parents. In the amendment of 2018, daughters and sons-in-law were also held responsible for supporting their parents.
Parents and Senior Citizens Act (2007) - is a bill that makes it a legal obligation for children and legal guardians to provide maintenance to older adults. It permits state governments to start and maintain old age homes in each district. Senior citizens can apply for a monthly allowance from their children, in case they are not able to support themselves. The children or heirs could be punished for not providing maintenance to older adults. The punishment could be paying a fine of Rs.5000 or three months in prison or both.
Whereas it is important to discuss the new bill that has been introduced in 2019, amending the provisions of the above mentioned bill. The new bill i.e. Parents and Senior Citizens Amendment) Bill 2019 which aims to provide for the maintenance and welfare of parents and senior citizens for ensuring their basic needs, safety and security, establishment, management, and regulation of institutions and services, and rights guaranteed under the Constitution. It also talks about removing the ceiling of Rs10000, and also includes the appointment of nodal police officers for senior citizens at every police station and district-level special police unit with a helpline for senior citizens.
While different religions have various provisions to protect the interests of senior citizens, some are very particular such as the statutory provision for maintenance of parents under Hindu personal law contained in Section 20 of the Hindu Adoption and Maintenance Act, 1956. Similarly Muslim laws, Christian laws, and even Parsi laws also have these kind of provisions.
Provisions have been made in the Constitution of India to preserve the rights of those aged above 60. Since these articles are part of Chapter IV of the constitution which talks about the Directive Principles, and so they cannot be enforced by a court of law as stated in Article 37, however, they are the basis upon which any legislation is drafted.
Article 41 of the Constitution secures the right of senior citizens to employment, education and public assistance. It also ensures that the state must uphold these rights in cases of disability, old age or sickness. Meanwhile, Article 46 asserts that the educational and economic rights of the elderly must be protected by the state.
Are Current Laws Sufficient?
Besides these laws there is still a continuous rise in the cases of elder abuse in our country. The major problem is the lack of enforceability of these laws. Also these laws do no not have stringent provisions that could force people to behave in a reasonable manner. If we talk about the punishment in regards with the violation of these laws then it is quite clement. The provision for the punishment is a minimum fine of Rs.5, 000 or three months jail term or both, which is quite not in proportion to the amount of sufferings elders deal with.With such sparing punishment it is quite difficult to ensure the enforceability of law as there are chances that after getting punished they may repeat it thinking that, what all they have to go through is a jail term of three months and fine of few thousands. The lawmakers need to understand that this problem is not confined to lower income families, who will stop to abuse their parents after being charged for an amount of Rs. 5,000.
This problem is prevalent in upper class families also for whom the payment of such fines is just a cakewalk. The provisions of the bill of 2019 were quite good and appreciable but the problem remains the same, which is regarding the punishment of such an act and also the bill is only being approved by the cabinet and is yet to be passed in the parliament. It is not that no bills have been passed by the parliament or the government during the pandemic, it is just the matter of priority.
It is very much clear that elder abuse is not considered a very big issue in our country , neither by the government nor by the citizens , because if it would have been given importance then the bill could have been passed by the parliament but it been more than a year the bill is yet to be passed in parliament. We cannot say that it is the complete fault of our system but there are some other social barriers like the reputation of family and lack of physical ability, lack of awareness amongst people which stops the elderly people to file a complaint and only 6% of the total cases are filed.
Conclusion
Some of the changes are necessarily needed in the society which include increasing the awareness among elderly people regarding their rights and what relief they can get under different laws. Also, the lawmakers need to widen their perspective regarding the word “NEEDS as they only give importance to economic needs of survival and sometimes fall short of interpreting the social ‘needs’ of belongingness, retaining authority and a position of importance in the family, a set of needs that often remain unspoken.
