This article is written by Atishay Jain, a former UPSC aspirant and a core member of the ApniLaw team. With a deep interest in public welfare laws and senior citizen rights, the article presents clear and practical insights on complex legal provisions like the Maintenance and Welfare of Parents and Senior Citizens Act. For any personal queries or suggestions, feel free to reach out to us through our official channel.
Introduction
Understanding legal terms is crucial when interpreting any law. The Maintenance and Welfare of Parents and Senior Citizens Act defines several important terms that shape how the law protects senior citizens. This section breaks down the definitions using simple language for better clarity. These terms help in identifying who qualifies for benefits and who holds responsibilities under the Act.
What Are The Definitions Under Section 2 Of The Senior Citizens Act?
This section explains important terms used in the Act:
(a) Children
The term “children” includes a son, daughter, grandson, and granddaughter. It does not include a minor.
(b) Maintenance
“Maintenance” means providing food, clothing, housing, and medical care, including treatment.
(c) Minor
A “minor” refers to a person who has not reached the age of majority under the Indian Majority Act, 1875.
(d) Parent
“Parent” includes biological, adoptive, or step-parents, both father and mother. This applies whether they are senior citizens or not.
(e) Prescribed
“Prescribed” means anything defined by the rules made by the State Government under this Act.
(f) Property
“Property” covers all types, movable or immovable, ancestral or self-acquired, tangible or intangible. It also includes rights or interests in such property.
(g) Relative
A “relative” is any legal heir of a childless senior citizen. The person must not be a minor and should either possess or be eligible to inherit the citizen’s property after death.
(h) Senior Citizen
A “senior citizen” is an Indian citizen aged 60 years or above.
(i) State Government
For Union Territories, “State Government” refers to the Administrator appointed under Article 239 of the Constitution.
(j) Tribunal
“Tribunal” refers to the Maintenance Tribunal set up under Section 7 of the Act.
(k) Welfare
“Welfare” includes services like food, healthcare, recreational facilities, and other essentials for senior citizens.
Case Laws Relevant to Section 2 Definitions
- Interpretation of “Children” and Maintenance Obligations.
In GS Manju vs. KS Gopi, the Kerala High Court emphasized that tribunals under the Act. They must adopt an inquisitorial approach to ascertain the truth. The case involved the revocation of a gift deed, highlighting that if a child fails to maintain the parent. The parent has the right to revoke such a deed. - Scope of “Property” and Eviction Rights.
The Punjab and Haryana High Court ruled that senior citizens can evict their children from their property if the children fail to care for them. This underscores the definition of “property” and the rights associated with it. - Understanding “Relative” in Context of Inheritance.
In Debashish Mukherjee vs. Sanjib Mukherjee, the court ruled that a gift deed executed by parents cannot be declared null and void by the tribunal unless it includes a clause requiring the child to maintain the parents. This case sheds light on the obligations of a “relative” in possession of or set to inherit property. - Clarifying “Maintenance” and Legal Representation.
The Supreme Court in Paramjit Kumar Saroya vs. Union of India addressed the issue of legal representation in tribunals under the Act. It was held that Section 30 of the Advocates Act, 1961, allowing for legal representation in all tribunals, supersedes Section 17 of the MWPSC Act. Therefore, advocates can represent elderly persons in tribunal proceedings, ensuring their right to “maintenance” is effectively advocated.
Conclusion
Clear definitions form the backbone of effective legal implementation. By understanding who counts as a senior citizen, what qualifies as maintenance, and who is considered a relative or parent, individuals and authorities can better enforce the rights and duties under this law. Knowing these terms ensures proper support for the welfare and dignity of India’s elderly population.
