India–Proposed legislation contemplates mandatory filial obligation

An ambitious bid to ensure maintenance for old persons without throwingthem into lengthy court battles or the vice-like grip of lawyers may have hit aroadblock.  Top government headshave suggested a re-examination of Parents and Senior Citizens (Welfare andMaintenance) Bill, 2006, lest it should run afoul of the judiciary.  A jittery government, at thereceiving end of the apex court over Competition Commission where it was said tohave replaced the judiciary’s function with a bureaucrat, is treading withcare.  What also threatens theministry of social justice’s (MSJ) Bill is a ‘turf war’ of sorts with thepanchayati raj ministry.  Thelatter has argued that the issue will be dealt with by ‘panchayats’ under itsproposed Gram Nyayalaya Bill, as against the MSJ’s designated courts in theoffices of sub-divisionalmagistrates.  A GoM has proposedthat the Bill be re-examined in the light of the twin issues raised. However,the caution sounded by the GoM over the structure of the redressal mechanismprescribed has raised doubts over its final shape and if it would be a realityin the near future.  The Bill,considered by the Cabinet before being referred to GoM, designates the SDMoffices as ‘tribunals’, sets a deadline of six months for disposal of petitionsand bans lawyers from itsfunctioning.   Touted by UPAgovernment as a radical measure to address grievances of the elderly, itentitles them to a legal maintenance from their children.  The latter would be liable tojail term of three months if they fail to provide maintenance.

Source: Times of India, http://timesofindia.indiatimes.com/NEWS/India/Bill_for_elderly_hits_roadblock/articleshow/1547943.cms

Note:   India’s elderly population presently numbers 58 million, the second highest (after China) in the world.  That figure will more than double by 2030.