If you are in your twilight years and constantly worried about your security (both financial and physical), don’t be; a new Bill aimed at ensuring your safety was introduced in Parliament on December 8, 2006 by Sushma Swaraj, the Bharatiya Janata Party member of Parliament. The Senior Citizens’ (Maintenance, Protection and Welfare) Bill, 2006, makes it compulsory for every person to look after and provide for the maintenance of their parents and grandparents. Actively lobbied for by HelpAge India and other non-governmental organisations involved in looking after the elderly, this Bill is a much-needed step forward. Sharmila Majumder, deputy director, resource mobilisation (East), HelpAge India, Calcutta, asserts: “To think of it, no one really cared about the elderly and senior citizens. This Bill comes as a real boost to our relentless campaign to get this constituency’s voice heard in the public domain.”

To be sure, the Bill tries to do more than just bringing their voice to the fore. It is ambitious and aims “to provide for the compulsory maintenance, protection and welfare of senior citizens so as to secure a life of dignity, peace and security for them and for the welfare measures to be undertaken by the State for its aged citizens and for matters connected therewith and incidental thereto”. Arijit Banerjee, barrister, Calcutta High Court, however, notes that the concept is not entirely new — chapter IX and section 125 of the Code of Criminal Procedure, 1973 which is the order for maintenance of wives, children and parents provides for a maintenance allowance that senior citizens can claim from their legal heirs. Also Section 2 and Section 20 of the Hindu Adoptions and Maintenance Act, 1956, talks about and lays down specific provisions for taking “care of the elderly and the dependants” by their children.

Geetanath Ganguly, executive chairman, Legal Aid Services, West Bengal, agrees. “The right of maintenance also existed as part of the Old Hindu Law as the Doctrine of the Pass Obligations.”

So is the Bill old wine in a new bottle? More or less, except that this Bill is more detailed and the provisions fleshed out more carefully. For example, in case of violation or reported abuse, the deterrent earlier was a month’s imprisonment for the heirs/violators whereas this Bill puts it as “imprisonment for a term which shall not be less than five years but may extend to 10 years and also with a fine up to ten lakh rupees” under Section 10. This is pretty harsh and rigorous.

“And this is where it scores. This is a very good initiative and would help us immensely in our job of caring for the elderly when it comes into force,” says Tapan Mridha, secretary, Sonarpur Sukhaneer Old Age Home. Under Section 6(1), the Bill lays down that the central government shall establish and maintain a sufficient number of senior citizens’ homes at conspicuous places in the country.

So what will be the utility of the law and why has it been introduced all over again if similar provisions exist as a part of other Acts? First and foremost, this is the first time that a specific Bill addressing the needs of the elderly has been formulated. And this is a good thing, considering that as per the Census of 2001 there were 7,66,22,321 senior citizens in our country — their numbers are growing. By 2016, senior citizens will comprise more than 10 per cent of the total population of the nation. So it’s good that society is recognising the elderly as a vulnerable constituency that needs specific protection against abuses. Majumder agrees, “The old are the softest targets and with this legislation in place, they will have provisions to take recourse to in case of any misfortune.”

This Bill also takes cognisance of the seamy underside of society and provides safeguards accordingly. In its objectives, it mentions “another alarming trend which is emerging is that whether lonely or couples, senior citizens are either being murdered for their property or robbed…Hence it has become necessary to give utmost security to them.”

This brings back gruesome images of the murder of Papiya Ghosh, the historian and Patna resident, who met an untimely end at the hand of unknown assailants, who haven’t been arrested as yet. This Bill tries to take this growing menace into account. Section 9 (Clause 1 and 2) specifically makes the police the guardians for this section of society — “Notwithstanding anything contained in any other law for the time being in force, the local police of every police station or police post shall keep a record of all the senior citizens residing in its jurisdiction so as to provide maximum security to such citizens”.

However, P.K. Chattopadhyay, deputy commissioner of police (headquarters), adds, “We already have a senior citizens’ helpline where an officer on duty at Lalbazar control room is assigned to take calls, listen to their grouses and grievances and, if necessary, to take proper and prompt action.” He was, however, not aware of any such Bill and its provisions that put the responsibility of protection squarely on the police but claimed that police officials were being sensitised to the needs of the elderly and this was completely in the spirit of the law being envisaged.

But this Bill is riddled with loopholes. Despite the hype and hoopla, Banerjee wonders aloud about the “unreality of this Bill”. He feels that implementing the provisions of this Bill will be extremely difficult. Ganguly claims, “Man can’t be made moral by the laws of Parliament as someone famously put it.” It’s a moral right and can’t be enforced by force.

What needs to be done instead is to create awareness in the public about taking care of parents and provisions, irrespective of the law. Moreover, very few parents have filed cases under similar provisions of the various earlier Acts. That’s simply because children can forsake their parents but parents and grandparents have too much dignity to press charges against their own wards and that too in a court room.

So where does this leave us? Majumder sums it up best, “There’s no bite to it but at least there’s a bark.” This Bill might not have enough teeth to make it effective but at least it’s a step in the right direction, however, tiny that might be.