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.
Section 9 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, empowers Maintenance Tribunals to order children or relatives to provide monthly maintenance to senior citizens who are unable to maintain themselves. This provision ensures that elderly individuals receive financial support when neglected or refused care by their family members.
What Are The Provisions of Section 9?
- Tribunal’s Authority: If a senior citizen is unable to maintain themselves and is neglected by their children or relatives. The Tribunal may order the responsible parties to pay a monthly maintenance allowance as deemed appropriate.
- Maximum Maintenance Amount: The maximum maintenance allowance prescribed by the State Government shall not exceed ten thousand rupees per month.
- Enforcement of Orders: If the respondent fails to comply with the maintenance order. The Tribunal may issue a warrant for levying the due amount. The respondent is sentenced to imprisonment for up to one month or until payment is made, whichever is earlier.
What Is The Eligibility Criteria To Apply For A Maintenance Under Senior Citizens Act?
Under Section 4 of the Act, a senior citizen, including a parent, unable to maintain themselves from their own earnings or property. They are entitled to apply for maintenance. The obligation of children or relatives to maintain a senior citizen extends to the needs of such citizens. So that they may lead a normal life.
What Is The Recent Judicial Interpretation Relating To Section 9?
In a notable case, the Orissa High Court emphasized that merely being a senior citizen does not automatically entitle one to maintenance. The court held that the Tribunal and the Appellate Authority must establish that the senior citizen is unable to maintain themselves before directing children or relatives to pay maintenance. The case was remanded for fresh consideration, ensuring adherence to the Act and relevant state rules.
Conclusion
Section 9 of Senior Citizens Act, 2007, provides a legal framework for senior citizens to claim maintenance from their children or relatives. It ensures that the elderly are not left destitute due to neglect and have a mechanism to seek financial support. However, eligibility is contingent upon the senior citizen’s inability to maintain themselves. Tribunals must thoroughly assess each case before issuing maintenance orders.
