INDIAN INSTITUTE OF

LEGAL STUDIES

SUBJECT- HUMAN RIGHTS LAW AND PRACTICE

TOPIC- “A STUDY OF THE OLD AGE HOMES IN
SILIGURI”
SUPERVISED BY:
SOURADEEP RAKSHIT, ASSISTANT PROFESSOR OF
LAW, INDIAN INSTITUTE OF LEGAL STUDIES,
DAGAPUR, SILIGURI
SUBMITTED BY:
NAME-KRITIKA DEB
CLASS-B.A., LL.B.
SEMESTER-X
ROLL-NO-42
 ACKNOWLEDGEMENT
With profound gratitude and sense of indebtedness I place on record my
sincerest thanks to SOURADEEP RAKSHIT, Indian Institute of Legal
Studies, for his invaluable guidance, sound advice and affectionate attitude
during the course of my studies.

I have no hesitation in saying that he molded raw clay into whatever I am

through his incessant efforts and keen interest shown throughout my academic
pursuit. It is due to his patient guidance that I have been able to complete the
task.

I would also thank the Indian institute of Legal Studies Library for the wealth of
information therein. I also express my regards to the Library staff for
cooperating and making available the books for this project research paper.

Finally, I thank my beloved parents for supporting me morally and guiding me

throughout the project work.

Date: …………………
 TABLE OF CONTENTS
PAGE NO.
CHAPTER I:
1. INTRODUCTION……………………………………………….
2. IMPORTANCE OF THE STUDY…………………………….
3. OBJECTIVE OF THE STUDY………………………………….
4. STATEMENT OF THE PROBLEM…………………………………
5. METHODOLOGY OF RESEARCH……………………………………
6. RESEARCH QUESTIONS……………………………………………….
7. SCOPE AND LIMITATIONS………………………………………
8. SOURCE OF DATA…….………………………………………….
9. MODE OF CITATION……………………………………………
CHAPTER II: ANALYSIS OF THE VARIOUS ISSUES AND CHALLENGES FACED
BY THE ELDERLY/AGED PERSONS…………
CHAPTER III: LEGAL PROTECTION OFFERED BY THE INTERNATIONAL HUMAN
RIGHTS REGIME FOR AGED PERSONS……
CHAPTER IV: LEGAL PROTECTION OFFERED TO THE AGED PEOPLE AS PER
THE DOMESTIC LAWS OF INDIA…………………………………
CHAPTER V: WELFARE SCHEMES OBTAINED BY THE GOVERNMENT OF INDIA
FOR THE ELDERLY POPULATION………
CHAPTER VI: JUDICIAL DECISIONS…………………………………….
CHAPTER VII: FIELD VISIT REPORT…………………………………….
CHAPTER VIII: RECOMMENDATIONS/SUGGESTIONS TO IMPROVE THE
EXISTING LEGAL FRAMEWORK OF THE COUNRTY WITH REGARD TO OLD-AGE
PEOPLE……………………………………………………………….
CHAPTER IX: CONCLUSION……………………………………………
BIBLIOGRAPHY…………………………………………………………….
ANNEXURE I:
ANNEXURE II:
CHAPTER I:
1: INTRODUCTION
William Shakespeare rightly said:
“All the world’s a stage,
And all the men and women merely players;
They have their exits and their entrances;
And one man in his time plays many parts, …
….
Last scene of all,
That ends this strange eventful history,
Is second childishness and mere oblivion;
Sans teeth, sans eyes, sans taste, sans everything.”1

From the above extract, it is evident that old age is, undoubtedly, an indispensable phase of a
man’s life. Every human being is bound by nature to go through the pains and pleasures of
old age like the other phases of life before he makes an exit from this mortal world. Old age
is not only undesirable and unwelcome but also it is the most problem-ridden phase of one’s
life. No stage of life has its ever-smooth sailing but those of old age are more difficult and
insurmountable because one is unable to cope up with the adverse situations of life owing to
the reduced physical strength and mental capability. Hence, when one gets older, their
dependency on others increases and they eventually become more vulnerable. Therefore, the
State needs to ensure the stability and social-security of the aged persons so that they are not
deprived of their basic human rights.

Human rights are for all irrespective of one’s age. It is often found that the senior citizens in
our country are highly deprived of adequate means of livelihood, basic medical care and
financial support and they tend to face mistreatment, isolation and abandonment in the
society. An “elderly” person may be defined as a person who is of age 60 years and above 2.
India has the second largest population of elderly/aged people and the elderly population
(aged 60 and above) is projected to touch 194 million in 2031 from 138 million in 2021
which is a 41 per cent increase over a decade.3

The above-mentioned data is mostly a result of the shift in the Indian traditional society from
the previously prevailing joint family system to today’s nuclear family concept coupled with
the impacts of globalization and modernization. This has highly resulted in psychological

1
“As You Like It” (Comedy)-Act 2, Scene 7- William Shakespeare
2
‘National Policy on Older Persons’ adopted by the Government of India in 1999.
3
National Statistical Office (NSO)’s Elderly in India 2021 Report by Government of India-Ministry of
Statistics and Programme Implementation
distress and isolation among elderly/aged persons. All these factors have resulted in the
increasing concerns about the human rights of the elderly.

2. IMPORTANCE OF THE STUDY

The study on the rights of elderly/aged persons and conducting a field visit at the old-age
homes in Siliguri is important to identify the main challenges that the elderly population in
our country face in terms of human rights. This research work will also evaluate the various
factors that lead to the economic instability, loneliness, isolation, discrimination and abuse of
the elderly/aged people. The research work further stresses on the various areas of response
to such discrimination and exploitation of elderly/aged persons by figuring out the effective
ways and means in order to build a caring society where the human rights of the elderly/aged
persons are not at stake.

3. OBJECTIVE OF THE STUDY

This study aims to find out the various challenges faced by the elderly population in our
country by collecting information from the field visit conducted at old age homes in Siliguri.
This research work will also focus on the various legislative provisions, both national and
international, which are framed to protect the interests of the elderly population and ensure
their social security. Further, this study provides a brief overview on how can we build a
caring society for the elderly/aged persons where their economic and emotional stability is
not at stake.

4. STATEMENT OF THE PROBLEM

There has been a huge shift from the traditional Indian joint-family system to today’s nuclear
family concept due to which parents and grandparents are often mistreated by their own
children and family members. The elderly population is highly dependent on others owing
to their reduced physical and mental capabilities and age-related diseases which makes them
vulnerable. Therefore, this study shall delve deep into the existing domestic laws and the
international conventions and human rights protection that are available to cater to the needs
of the elderly/aged persons.

5. METHODOLOGY OF RESEARCH
The research work is partly doctrinal and partly empirical. The researcher has employed an
in-depth analysis to find out the effectiveness of the various domestic and international laws
and provisions for the elderly population. The doctrinal part of the project work involves
primarily the content analysis of statutory provisions and judicial decisions relating to the
rights of the elderly/aged persons and therefore, employs descriptive method with critical
analysis and evaluation of judicial decisions and legislations. In the course of analysis
original sources such as the decisions of the Supreme Court of India and other courts in India
and abroad is being consulted. For critical appraisal of the role of courts, pertinent secondary
sources such as juristic writings will be consulted. A field study was conducted at the old-age
homes in Siliguri to collect primary data and personal interview was undertaken to assess the
various issues and challenges that the elderly/aged persons usually face and therefore, draw a
conclusion on how effective is the legal provisions of this country to protect the needs and
dignity of the elderly/aged persons. The study follows the standard form of citations.

7. RESEARCH QUESTIONS
1. What are the various financial, social, emotional problems faced by the elderly/aged
population?
2. What are the various legal provisions offered by the domestic laws of India as well as the
International Human Rights regime with regard to the old-age people?
3. What are the various welfare schemes obtained by the Government of India for the
elderly/aged population?
4. What are the various findings obtained by conducting the field survey at old-age homes in
Siliguri?
5. What are the various areas of improvement for increasing the effectiveness of the existing
legal provisions for the old-age people?
6. What conclusion can be drawn after completing the entire research work on old-age
people?

***A separate questionnaire for field survey has also been prepared by the researcher
and the same is provided in the Annexure-I of this project work. ***

8. SCOPE AND LIMITATIONS

The topic under study is exhaustive on the matters directly dealt by it but it is comprehensive
in other issues. The framers of the various legal provisions with regard to old-age people
could not foresee the possible circumstances which may arise in the future and hence could
not provide the necessary measures and protection for such situations. Hence the legislature
has provided inherent powers to the court to meet with such circumstances according to the
principles of natural justice, equity and good conscience. Such precedents and judicial
decisions have been incorporated in the work under study.

As mentioned above, the topic under study with regard to vulnerability of old-age people is
vast and exhaustive in both its nature and execution and the researcher have touched all such
aspects of the topic but could not deeply unfold them all hence, this project work is bound to
have some limitations pertaining the same. Also, there are some limitations due to the
stipulated time period given to complete this project work.
 9. SOURCE OF DATA
Both primary and secondary sources of data have been used by the researcher to complete
this project work. Primary source of data has been collected by the researcher through a field
survey conducted at the old-age homes in Siliguri and a personal interview was conducted
among the inmates of the old-age home as well as with the managing staff of the old-age
home. A questionnaire was prepared by the researcher to obtain relevant and necessary
information about the functioning, living condition and facilities of the old-age home and also
to inquire about the overall well-being of the elderly people staying in that old-age home.
Secondary sources that provide second-hand information and commentary from other
researchers has also been employed in this project work. Examples include journal articles,
reviews, and academic books, internet websites. A secondary source describes, interprets, or
synthesizes primary sources. Hence, the researcher had employed both primary and
secondary sources of data to obtain an overview of the topic under study and also to identify
primary resources.

10.MODE OF CITATION
Uniform mode of citation has been adopted throughout the project work.
CHAPTER II:
ANALYSIS OF THE VARIOUS ISSUES AND CHALLENGES FACED
BY THE ELDERLY/AGED PERSONS
There is a lack of proper institutional care and effective medical system in our country
specifically for the aged or elderly persons around us. Hence, the elderly population is largely
and mostly dependent on community care and family care to support them in India.
Generally, elderly women are seen to have no time for leisure or recreation and have lesser
possibilities than man to lead retired life. The elderly persons suffer due to lack of emotional
care and support coupled with the fact that elder abuse is more in urban areas than in rural
areas. Disputes over property, finances and emotional blackmail are common in old age.
However, all of this is dwarfed in the light of the most pressing issue faced by the elderly
today, especially in highly urbanized areas of India. This is the issue of alienation. Since there
is no one to share their days with, most of the elderly in the urban areas are left to fend for
themselves. Some may have the resources to do so, some may not. Yet, the underlying factor
remains the same. Most of them are deprived of compassion and human company. This may
not be deliberate but it is one of the most pressing issues faced by the elderly today4.
As per the World Health Organisation (WHO), ‘elder abuse’ includes abuse that may be
physical, sexual, emotional or financial. Any form of abandonment or neglect also amounts to
abuse. Here, neglect does not mean an innocent mistake, rather it includes cases as severe as
a failure on part of the caregiver to provide the dependent elder with basic necessities like
food, shelter, clothing or health care. This is where the important role of legal provisions
come into the picture to protect the elderly5. 

4
“HUMAN RIGHTS OF OLDER PEOPLE IN INDIA A REALITY CHECK-A national study”- Agewell
Research & Advocacy Centre-www.agewellfoundation.org, Accessed on 9th May at 10:18 a.m.
5
https://blog.ipleaders.in/analysis-of-laws-in-relation-to-protection-of-senior-citizens-against-harassment-and-
neglect/,Accessed on 9th May, 2022 at 10:25 a.m.
CHAPTER III:

LEGAL PROTECTION OFFERED BY THE INTERNATIONAL

HUMAN RIGHTS REGIME FOR AGED PERSONS

Universal human rights are often expressed and guaranteed by law. International human
rights law lays down obligations of Governments to act in certain ways or to refrain from
certain acts, in order to promote and protect human rights and fundamental freedoms of
individuals or groups. The Universal Declaration of Human Rights mentions the particular
vulnerability of older persons in article 25, which stipulates that “everyone has the right to a
standard of living adequate for the health and wellbeing of himself and of his family,
including ... medical care and the right to security in the event of unemployment, sickness,
disability, widowhood, old age or other lack of livelihood in circumstances beyond his
control”.
CHAPTER IV:

LEGAL PROTECTION OFFERED TO THE AGED PEOPLE AS PER

THE DOMESTIC LAWS OF INDIA

CONSTITUTION OF INDIA:
Article 41. Right To Work-Protect right to work of every citizen, including older persons, but
government’s retirement policies do not support this Article and prefer younger generation’s
right to work.
Entry 24 in list III of schedule VII deals with the "Welfare of Labour, including conditions
of work, provident funds, liability for workmen’s compensation, invalidity and old age
pension and maternity benefits.
Further, Article 41 of Directive Principles of State Policy has particular relevance to Old Age
Social Security.
Item No. 9 of the State List and item 20, 23 and 24 of Concurrent List relates to old age
pension, social security and social insurance, and economic and social planning.

MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT,

2007
 Provision for food, clothing, residence, medical attendance and treatment
 Provision for recreation centers and other amenities necessary for the senior citizens.
 Due to lack of awareness in the society, no significant progress so far.

HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 (NO. 78 OF 1956):

Section 20, Maintenance Of Children And Aged Parents : This Act is applicable to Hindus,
legal provisions related to maintenance of aged parents hardly utilized by people.

MUSLIM LAW
Children have a duty to maintain their aged parents even under the law.

CODE OF CRIMINAL PROCEDURE ACT, 1973 (NO. 2 OF 1974):

Section 125, Order For Maintenance Of Wives, Children And Parents: This Act primarily
protects interests of women and children, aged parents hardly get benefits of the act.

PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 (NO. 43 OF

2005)
Generally considered for protection of younger women, interests of older women ignored in
practice
THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS
ACT, 2007
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was enacted in
December 2007 to ensure need-based maintenance for parents and senior citizens and their
welfare. The Act provides for: -
• Maintenance of Parents/ senior citizens by children/ relatives made obligatory and
justifiable through Tribunals
• Revocation of transfer of property by senior citizens in case of negligence by relatives
• Penal provision for abandonment of senior citizens
• Establishment of Old Age Homes for Indigent Senior Citizens
• Adequate medical facilities and security for Senior Citizens. The Maintenance and Welfare
of Parents and Senior Citizen Act, 2007 ensures need based maintenance for parents and
senior citizens and their welfare.
CHAPTER V:

WELFARE SCHEMES OBTAINED BY THE GOVERNMENT OF

INDIA FOR THE ELDERLY POPULATION
CHAPTER VI:
JUDICIAL DECISIONS
CHAPTER VII:

FIELD VISIT REPORT

CHAPTER VIII:

RECOMMENDATIONS/SUGGESTIONS TO IMPROVE THE

EXISTING LEGAL FRAMEWORK OF THE COUNRTY WITH
REGARD TO OLD-AGE PEOPLE
CHAPTER IX:
CONCLUSION
BIBLIOGRAPHY
ANNEXURE I
ANNEXURE II