Vikram Gaur
The International network for prevention of Elders Abuse (INPEA) was founded in 1997 and is dedicated to global dissemination of information as part of its commitment to worldwide prevention of abuse and neglect of older persons. The UN International Plan of action was adopted by all countries in Madrid April, 2002, recognizing the importance of addressing and preventing the neglect and abuse of older persons and put it in the framework of Universal Human Rights. Accordingly, 15th June is observed as ‘World Elders Abuse Awareness Day’.
In keeping with the international commitment Government of India enacted the Senior Citizen Act in 2007 as an answer to the insecurities faced by the older persons of the country. As per the Act ‘Elders Abuse’ has been categorized as:-
a) Physical Abuse: Inflicting physical pain or injury or depriving the person of his basic needs.
b) Emotional Abuse: Inflicting mental pain, anguish, or distress on an elder person through verbal or non-verbal acts.
c) Sexual Abuse: Non-consensual sexual contact of any kind.
d) Neglect: Refusal, or failure by those responsible, to provide food, shelter, healthcare or protection to and Elder adult.
e) Abandonment: The desertion of an elderly person by anyone who has assumed the responsibility for care of or custody of that person.
f) Fraud and Exploitation: Illegal taking, misuse or concealment of funds, property or assets of a person.
The causes for this abuse are categorized as:-
* Domestic Violence: Grown Old.
* Dysfunctional abusers are often responsible for financial exploitation as they attempt to use older adult resources rather than create their own.
* Neglect of the basic needs of a person over the age of 60 who is dependent also amounts to abusing an Elder.
The above stated abuse and neglect is only in relation to the family of the Elders. There is no mention of the neglect and abuse that an older citizen faces at the hands of the State. The government itself indulges in abuse and neglect of the Elders by not sufficiently helping them and providing services/facilities that they can at the state level. May it be financial, health, safety, security and many other services that are available with the state government?
There are several cases of abuse and if one wants to have first-hand experience of those who are the victims of this neglect, please visit Old Age Home, Ambphalla, in Jammu that is overcrowded with almost 100-inmates. It is only an NGO that is so efficiently managing the affairs of the Old Age Home with public funding and a meager financial help from the Govt; left to the Social Welfare Deptt of the state Old Age Home would be in shambles.
A visit to the Old Age Home will bring out two very important points.
I) How the older people have been neglected and thrown out of their own family at this stage of life when they need maximum care and affection. A family that they (Elders) brought up so lovingly with their hard work.
II) How these Elders are being neglected and not cared for by the government that they served during the prime of their lives.
The apathy of state government is so obvious from the fact that the J&K is yet to adopt ‘National policy on Older Persons’ (NPOP) adopted in 1999. The state has not so far adopted ‘Maintenance of Parents/ Elders Act2007 (Central), a major step towards upkeep of Elders. Although, 25- states in the country have already adopted the Act and are providing relief to the elders wherever possible. The provisions of the Act are:-
* Parents may apply for maintenance from adult children.
* Parents include biological, adoptive, and step- mothers/fathers.
*Childless Senior citizens (SC) can claim maintenance from relatives likely to inherit their property.
* Maintenance can be applied personally, through a NGO, a representative.
* The special Tribunals formed for SC may hold enquiry and order payment of interim relief to the SC.
* The Tribunal may order a monthly maintenance amount upto 10,000/-pm.
* States are required to set up one or more Tribunals in every sub-div. and Appellate Tribunals in every dist.
* No legal practitioner is required.
* Erring persons are punishable with three months imprisonment or fine of Rs 5,000/ or both.
* The State Government should set up one Old Age Home in every distt of the state with minimum facilities of food, clothing and recreational facility.
* All Government hospitals or Government funded hospitals should provide beds for SC. And provide for separate queues for SC.
Since the state has not so far adopted Senior Citizen Act 2007 none of these facilities are being provided by the J&K government to its Elders! It is, therefore, obvious that it is not only the young ones in families that are neglecting (some of them under compulsions) their Elders, the Directorate of Social Welfare that is supposed to be dealing with problems of Elders in the state under the Ministry of Social Welfare and lot of funding from the GOI is itself Abusing/ignoring the Elders with contempt/neglect. Proposals/projects for the welfare of Senior Citizens forwarded by the NGOs working for Senior Citizens are ignored with disdain. The apathy, neglect and callousness with which State Government is treating the Elders is apparent from the fact that the ‘State Level Council for Redressal of the grievances of the senior citizens’ constituted in Nov. 2008 under a Government Order, by Governor, never met even once till date to exclusively discuss the problems of Senior Citizens. A proposal submitted to the Government for allotment of land for construction of ‘Old Age Home’ and for ‘Pay and Stay’ institution by Association for Welfare of Senior Citizens (AWSC) an NGO more than 7-years back is still being tossed around by Director, Social Welfare Department inspite of formal allotment order in favor of the said NGO. It is here that WEAAD will be found useful to wake up the state to look after its Elders.
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