Strengthening Social Protection and Elder Care in India: A Critical Appraisal of the MWP Act, 2007

Abstract

The traditional values and familial support systems for elderly people have been undermined by the sociocultural shifts brought about by globalization and modernization. Elder abuse is becoming more common, and obtaining the right care and assistance is becoming more challenging. This has made it necessary to take legal action to safeguard senior citizens' rights and to ensure they receive care and assistance from their families and other parties. Several nations, including India, have enacted laws for the social protection of elderly individuals as a result of signing the "Madrid International Plan of Action on Ageing, 2002." The Maintenance and Welfare of Parents and Senior Citizens (MWP) Act, 2007, is a key piece of Indian legislation that safeguards elderly individuals from abuse, neglect, and exploitation. "The Act mandates adult children to provide maintenance to their elderly parents and empowers senior citizens to seek legal recourse in cases of neglect or denial of basic needs. One of the significant strengths of the Act lies in its provision for speedy resolution of disputes through conciliation and judicial intervention if necessary. Additionally, the Act imposes penalties on individuals who fail to comply with its provisions, thereby serving as a deterrent against neglect or abandonment. However, despite its laudable intentions, the Act faces several challenges in its implementation. One of the primary concerns is the lack of awareness among both senior citizens and the general public about their rights and obligations under the Act. Many elderly individuals remain unaware of the legal remedies available to them, while some adult children may not fully comprehend their responsibilities towards their aging parents. Additionally, there are numerous opportunities to support this Act's future successful implementation. To address the projected increase in the number of senior citizens and their future care needs, appropriate social care systems must be developed. The goal of the current study is to highlight the advantages, disadvantages, and difficulties associated with the Maintenance and Welfare of Parents and Senior Citizens (MWP) Act, 2007, as well as suggested changes to the Act that would address many of these issues.