Rights of old age person.????

ASHEESH PANDEY (Querist) 19 May 2016 This query is : Resolved
My neighbor and his wife not giving food/meals and respect to his old age mother.
His mother's age is more than 75 years and haven't any property and she is illiterate.
What are the laws/rights/producer under which she can secure her self-respect and meals.

Please let me know in details so that I can help her.

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Sudhir Kumar, Advocate (Expert) 19 May 2016
She is having a right of maintenance from them. Contact the local thana.

R.K Nanda (Expert) 19 May 2016
She can claim maintenance from them by filing petition in court against them.

P. Venu (Expert) 19 May 2016
The neglect amounts to an offence under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Such offences are cognizable.

Kumar Doab (Expert) 19 May 2016
Record the evidence; audio/visual/witnessed.

Hindu Adoptions and Maintenance Act:Section 20, provides for the Maintenance of children and aged parents.

Parents can also claim maintenance: under; Criminal Procedure Code, 1973, Section 125

THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007: Section 4 and 5: Approach tribunal for Maintenance that includes provision for food, clothing, residence, medical attendance and treatment. Maximum amount which may be ordered for maintenance of a senior citizen by the Tribunal shall be such as prescribed by the State Government which shall not exceed Rs. 10,000/- per month.

Get Human Rights Commission involved

Helpline at Police Commissioner's office to be available on all days:
The Elders Helpline (toll-free number 1090)

The NGO’s Helpline number;
http://www.helpageindia.org/our-work/eldercare/helplines.html
1800-180-1253

Under DV Act complaint can file before protection Officer under Senior Citizen Act to protect the seniors.

Deputy Director of Department of Welfare of Disabled and Senior Citizens can be approached.

National Council For Older Person called Agewell Foundation by Ministry Of Justice And Empowerment.

Indian Constitution: Art 41- Right to work, education, public assistance in certain cases. Art-46- Promotion of educational and economic interests

There are many threads on similar query at LCI:
e.g;

http://www.lawyersclubindia.com/experts/Llaw-for-senior-citizens-419281.asp#.Vz137DV97IU