Draft Law for older persons stuck up over finances

New Delhi, May 24 (UNI) The proposed model legislation for ensuring care and protection of older persons, which had been by and large supported by states, is stuck up with the Finance Ministry expressing its inability to meet financial commitments under some of the provisions of the Bill.

Minister for Social Justice and Empowerment Meira Kumar had promised to introduce the bill in Parliament last year itself, but it could not be possible for lack of clearance from the Finance Ministry which says it has no funds for the kind of assistance promised to the elderly, sources in the ministry told UNI.

For provisions like old age pension and setting up of geriatric wards in district hospitals, the Ministry of Social Justice and Empowerment will have to mobilise large amounts. If the Finances are not finally available at the Centre, the Ministry may ask the states to meet some of the financial commitments themselves, sources said.

The objective of the proposed legislation is to provide need based maintenance to the aged persons and ensure them minimum level of financial security.

Under the proposed law, the elderly can claim minimum financial support from their children including step children and grand children. The objective of 'maitenance' clause of the legislation is to create an enabling mechanism for this purpose.

There is a provision for adequate old age pension to ensure that all aged persons living below poverty line receive the same to meet their basic needs.

The healthcare for the aged has also been taken care of under the Bill. This will include setting up of a well-equipped geriatric ward in each district hospital. Other facilities proposed are setting up of old age homes in each district and to provide mechanism of protection of life and property of older persons.

The legislation will provide for setting up tribunals in each district headed by the SDM for enforcing provisions of the Bill. The tribunal will decide on each application in a period not exceeding six months. It will also look into cases of neglect, personal injury and mental cruelty.

Several states have so far sent their response to the draft Bill by and large supporting it. Among the states which have so far responded are Chhattisgarh, West Bengal, Assam, Punjab, Jammu and Kashmir, Andhra Pradesh, Madhya Pradesh, Delhi, Rajasthan, Uttar Pradesh and Arunachal Pradesh.

Comments had also been sought from leading NGOs, experts and organisations of senior citizens on the legislation.

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