Autumn concerns

The government is finalising legislation designed to ensure that children look after their parents in their final stage of life.

PURNIMA S. TRIPATHI in New Delhi

N.K. PAUL, an 86-year-old public health functionary from Himachal Pradesh, can hardly stand by himself. He suffered a heart attack recently and needs 24-hour help. He has two daughters. He built a house with his brother in smart Greater Kailash in Delhi, hoping to spend his last days with his brother's family after marrying off his daughters. But that was not to be. Eight months ago, his brother's sons threw him out of the house. Paul stayed with his daughters' families for some days and then moved to an old-age home called Ashirvaad. In a pay-and-stay arrangement, the "home" allows him a comparatively comfortable stay, with his food and medical requirements taken care of. Since he needs 24-hour help, he has arranged for a maid to stay with him. Though he has to pay Rs.12,000 a month for both of them, he has no regrets; at least he is able to live with dignity. The bitterness of having been abandoned by his own, however, rankles all the time.

Others caught in the same situation fare much worse. Eighty-nine-year-old Kashinath, originally from Kashmir, who settled down in Delhi when militancy gripped the valley, suffered the agony of becoming homeless a second time after his brother's son turned him out. Kashinath, a small-time businessman, never married; his brother's family was all he had. But his brother's daughter-in-law could not tolerate him and the daily fights forced him to leave. He wandered in Hardwar for some time before discovering Sri Geeta Vriddha Ashram in Delhi, a free old-age home. Kashinath has been living in this old age home for seven years now. He says the thought of having been betrayed by his own gnaws at his gut.

There are similar tales at all old-age homes. Abandoning aged people, at a stage of their lives when they need familial support the most, is an act of betrayal. In the twilight of their lives, once these people are rendered homeless, there are few support mechanisms available to them.

For those who can afford it, there are some pay-and-stay old-age homes such as Ashirvaad, Godhuli and Sandhya in Delhi. For those who cannot, there are free, charitable old-age homes such as Geeta Vriddha Ashram. Some ashrams, such as Arya Samaj Mahila Ashram, have both free and pay-and-stay facilities.

Though these places provide a dignified and comparatively comfortable stay for the elderly, they are limited in their reach because their primary precondition for admission is that he or she should be medically fit at the time of admission. For those who have incurable diseases, are mentally unsound or suffer from contagious diseases, there is no place to go except the streets or charitable homes such as Nirmal Hriday in Delhi, which can accommodate over 600 inmates. The Sisters of the Missionaries of Charity take care of them, feed them, tend to their diseases and do all they can to give them "a comfortable life and a dignified death".

While the number of aged people has multiplied owing to better health care facilities in the last hundred years, it has doubled in the last 25 years. The issue is that the required social structure to support this group has gone missing. With living spaces shrinking, the nuclear family is becoming the norm.

Amid increased commercialisation and urbanisation, elderly people, even when they have well-meaning children, have to fend for themselves even when they have neither the energy nor the means to do so. There are legal provisions (Section 125 of the Code of Criminal Procedure) to ensure that children take care of their parents. However, as Dr. H.S. Bakshi, regional director (North) of Help Age India, points out, in India, the very idea of parents approaching the courts against their own children is unthinkable. "Besides, our legal system being what it is, it takes years for any case to be resolved. Which old man or woman would want that?" says Bakshi.

According to the figures cited in the Government of India National Policy on Older Persons (released in 1999), at present there are over 81 million people in the country who are aged over 60, and over 200,000 of them are centenarians. An overwhelming 90 per cent of them glean their living from the unorganised sector and therefore have no social security. Over 40 per cent of them live below the poverty line. According to the National Policy's technical group on population projection, by 2013 the population of those over 60 will touch the 100-million mark. By 2025, a whopping 177 million people in India will be over 60 years of age.

With negligible state intervention and crumbling social and family support mechanisms, the outlook for the ageing is bleak.

But all that is set to change. The United Progressive Alliance government is in the process of finalising the Parents and Senior Citizens (Welfare and Maintenance) Bill, 2006. The Bill, which will be introduced in the winter session of Parliament, makes it obligatory for children to care for their parents and grandparents. And there are penal clauses if they do not - three months' imprisonment or a fine of Rs.5,000 or both. The legislation provides for tribunals at district headquarters headed by Sub-Divisional Magistrates who will decide on the cases on written complaints by the elderly. "We have done away with the delays associated with courts. These tribunals will act as fast-track courts and their order will have the same force as section 125 of the Code of Criminal Procedure," said Union Minister for Social Justice and Empowerment Meira Kumar.

A landmark feature of the proposed legislation is that it provides for a reversal of wills. It is sometimes the case that upon learning of the contents of a will, especially with regard to the division of property, children subject their parents to abuse. Under the proposed legislation, the SDM will have the power to revert property to the parent; the SDM will also have the power to order payment of maintenance to the parent, depending upon the children's earning capacity. In case of a delay in payment, an interest ranging from 5 to 18 per cent will be charged on the amount due, the Minister said.

While experts agree that the proposed legislation is a "step in the right direction", they remain sceptical about its implementation. "A lot will depend on how the law is implemented. The National Policy for Older Persons is a prime example. While it is one of the best policies in the world, its implementation has been tardy so far," said Bakshi. Social scientist Dr. Ranjana Kumari agrees. "Merely having a law is of no use unless its implementation is effectively monitored," she said.

At last the government is doing something for the elderly. According to Meira Kumar, the government will also set up old-age homes for the destitute in each district headquarters with a maximum occupancy level of 150 people, and will have beds reserved for them in district hospitals. "I have positive feedback from all the State governments as well as all the concerned Ministries and I am optimistic about the efficacy of this law," she said with great confidence.

She is also planning to set up a National Association of Older Persons, which has been provided for in the National Policy, to give a platform to the elderly to voice their grievances. Better late than never.