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Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Tuesday, July 12, 2016

Update on various State Rules of 'Maintenance and Welfare of Parents and Senior Citizens Act, 2007'



 According to Wikipdeia: Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a legislation enacted in 2007, initiated by Ministry of Social Justice and Empowerment, Government of #India., to provide more effective provision for maintenance and welfare of parents and #seniorcitizens. This Act make it a legal obligation for children and heirs to provide maintenance to senior citizens and parents, by monthly allowance. This Act also provides simple, speedy and inexpensive mechanism for the protection of life and property of the older persons. After being passed by the parliament of India received the assent of President of India on December 29, 2007 and was published in the Gazette of India on December 31, 2007.Some states have already implemented the act and other states are taking steps for implementing this Act.

http://acww.org.uk/images/older-citizens.jpg
 
This Act provides in-expensive and speedy procedure to claim monthly maintenance for parents and senior citizens. This Act casts obligations on children to maintain their parents/grandparents and also the relative of the senior citizen to maintain such senior citizens. The main attraction of this Act is there are provisions to protect the life and property of such persons. This Act also provides setting up of old age homes for providing maintenance to the indigent senior citizens and parents. This Act extends to the whole of India except Jammu and Kashmir state.

Indian society lay high importance on providing care and protection for parents and elderly. Withering of joint family system has contributed to the challenges faced by elderly. Nowadays they are forced to live alone and are exposed to various kinds of problems such as lack of physical, social, emotional and financial support. To overcome such difficulties and to face new challenges, the Government of India has enacted this law in the fifty- eighth year of republic so as to provide maintenance and protection to parents and senior citizens. The population of the senior citizens constituted 7.5% of the total population in 2001. However, as per the Report of the Technical Group on Population Projections, constituted by the National Commission on Population in May 2006, and published by the Office of the Registrar General of India, this figure is projected to go up to 12.40% of the population by 2026.

The first case under the act was filed in November 2011 by Siluvai (age 84) and his wife Arulammal (age 80) of Tuticorin against their son and daughter-in-law for neglect, besides taking away their two homes and gold jewellery.





 

As on 31st Dec 2015 List of States: IMPLEMENTATION OF MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007







Rules of Various Indian States for Maintenance and Welfare of Parents and Senior Citizens Act: 


Delhi:

Delhi Amendment



Odisha:


Gujarat:


Goa:


Andhra Pradesh


Maharashtra


Daman and Diu
 

Bihar


Kerala



Karnataka


Rajasthan


Punjab


Haryana


Puducherry


Assam


Madhya Pradesh

Tamil Nadu




Also Read: NHRC Know your Rights Elderly people

 

Also Read: Elderly in India 2016 Govt. of India Publication

 


Published in Public Interest by Sailesh Mishra for SILVER INNING FOUNDATION

12th July 2016 


If you have any updates please send us information on silverinnings@gmail.com 

 

Thursday, November 12, 2015

Silver Innings Legal Advice Clinic, a Diwali Gift to Senior Citizens and their Family

Silver Innings Legal Advice Clinic
 Advice, Awareness, Advocacy, Empowerment (AAAE)



We at Silver Inning Foundation are Happy To Announce ‘Silver Innings Legal Advice Clinic’ on every 4th Saturday of the Month from 3pm to 4pm, starting from Saturday 28th Nov 2015. This is an perfect Diwali Gift to All #Mumbaikar #Seniorcitizens and their family members, Open to all age group. 

Silver Innings since 2008 is working towards creating Elder Friendly World where Ageing becomes a Positive and Rewarding Experience.

Understanding that right legal advice is always sought after and legal advice is expensive and people get trapped with unlikely circumstances and that many cases can be solved before reaching the courts, we at Silver Inning Foundation in our continuous effort to empower and help our Elders and their family members have tied with leading Legal and Human Right Activist Advocate Aileen Marques to provide once a month ‘Legal Advice Clinic’. This clinic would not only provide Right Legal Advice but also provide Legal Literacy program viz. Awareness, Advocacy, Empowerment (AAAE) for the overall benefit of the community. 

Charges: For APL subsidize charges will be Rs.100/- and for BPL it will be Rs.50/-  per advice.

Our Legal Advisor Advocate Aileen Marques & Associate and Counselor Mrs. Vaishali Sant will be available every 4th Saturday of the Month from 3pm to 4pm at our office: Silver Inning Foundation, Bldg.No. J -47/48, Shop no. 10, Poonam Sagar Complex CHS LTD, Opp.Navagraha Bldg, Road Behind Allahabad Bank,  Mira Road – East. India. Pin: 401107.


As part of the clinic, the following service would be provided:
•         Legal Advice,
•         Pre-Litigation Settlement,
•         Negotiation & Mediation
•         Legal counseling,
•         Legal advice to clients referred through the students.
•         Identifying appropriate laws, and the legal options that may be explored
•         Legal awareness


Legal Literacy program would have 3 aspects:

1. Awareness First: Legal Education is what we uphold and encourage. We believe that legal awareness is the need of the hour. As citizens and as human persons, we must be aware of our human rights-our basic and fundamental rights. Only if we are aware of our rights, can we assert them and empower ourselves. Rights and Duties are basic to our existence and only when we know what we must do, we can fulfill out duties and exercise our rights.

2. Empowering Trainers: Grass-root workers encounter many challenges during their work and very often social-work needs legal technicalities. The organisations they belong to cannot afford high-end training. Through para-legal sessions, we enable such social engineers learn some basics of law.

3. Advocacy Force:  We are working towards busting the myths that Law and Rights are a luxury of a few and that legal recourse is an exhaustive and expensive affair. Working with the system is as important as legal education. We find it appalling that educated persons holding high posts, don’t bother to know their rights until arrested, women rarely take note of the legal provisions until forced by cruelty or abuse. Very few non-lawyers will actually visit Courts until one day they are dragged to court for some litigation.



Topics for Legal awareness training:
a. Rights of Senior citizens and accessibility to law
b. Gender and Law
c. Child Sexual Abuse
d. Domestic Violence
e. Sexual Harassment at Workplace
f. Sexual Harassment on streets and in Public
g. Inheritance related laws, Will, Gift deed etc.
h. Tobacco related law
i. Legal procedures and basic legal information
j. Marriage and Divorce Laws
k. Women empowerment and Human Rights
l. FIR, NC and Role of the Police
m. Maintenance related laws
n. Juvenile Justice Act, child abuse and adoption
o. Child Safety and Protection


For Query and Appointment Contact us: 
Mobile: 8879884807 / 9987104233 (Mon to Fri 11am to 5pm) 
Email: silverinnings@gmail.com 

Tuesday, August 6, 2013

Mumbai Municipal Corporation (BMC) clears policy to provide better facilities for Senior Citizens


The civic body’s muchawaited policy for senior citizens in the city is finally going to become a reality.
The Brihanmumbai Municipal Corporation (BMC) cleared it at its general body meeting on Monday 5th Aug 2013.

The policy, which includes the provision of day care and recreation grounds for them in every municipal ward and medical helpline services and amenities in open spaces, was announced on October 1 last year.

According to the plan, five recreational grounds, admeasuring 700 sqft each, and 34 new gardens will be developed across the city, which will include facilities such as libraries, provisions for indoor games and amphitheatres.

Among other measures are dedicated spaces for senior citizens when large housing complexes are proposed, a library for them with books on spirituality and health, and ramps and railings at public toilets.

BJP corporator Vinod Shelar had moved a notice of motion in the civic house in June 2012. “This is the first time any corporation has formed such a policy for senior citizens. The Federation of Senior Citizens’ Organisation, Maharashtra, had submitted a draft policy to make the city more senior citizenfriendly. I am glad that the commissioner considered it and the policy has finally come into effect,” said Shelar.

According to the policy, the civic body will also hold special programmes in the city for elderly on October 1, the International Day for Senior Citizens. Apart from this, special geriatric units will be set up in civic hospitals and they will be also provided halls and classrooms in civic schools to hold meetings or functions during weekends at nominal costs.

According to census 2011, there are around 12 lakh senior citizens in Mumbai and more than 21% of them live below the poverty line.

Source:  Hindustan Times , Mumbai 6th Aug 2013

Thanks to Joint advocacy effort of JAC Joint Action Committee of Senior Citizens Organizations and FESCOM .

Thursday, May 31, 2012

WORLD ELDER ABUSE AWARENESS DAY 2012: India & Transnational Programme





On the occasion of 7th Annual World Elder Abuse Awareness Day (WEAAD) 15th June 2012 , Silver Inning Foundation (SIF) a NGO ( Not for Profit)  working with senior citizens and their family members will be commemorating Elder Abuse Awareness Day from on May 21st to June 30th 2012 . SIF through its networking partners and social media has taken the initiative to host various events pan India & Beyond Boundaries to create awareness and sensitize the Government and the Civil Society to eliminate/prevent elder abuse at both micro and macro level. This is first time we have partners from USA ‘The Forgotten Ones: Compassion for the Elderly ; The Forgotten Ones: International Card Exchange for the Elderly’ and  from Kenya ‘La Vie Foundation’.

World over 15th June is marked as World Elder Abuse Awareness Day by INPEA since 2006 .INPEA is an organization, founded in 1997, which is dedicated to the global dissemination of information as part of its commitment to the world-wide prevention of the abuse of older people. The United Nations International Plan of Action adopted by all countries in Madrid, April 2002, clearly recognizes the importance of addressing  and preventing abuse and neglect of older adults and puts it in the framework of the Universal Human Rights. INPEA is dedicated to supporting the plan of action. 

World Elder Abuse Awareness Day month long  programme aims to increase society's ability, through various programmes, to recognize and respond to the mistreatment of older people in whatever setting it occurs, so that the latter years of life will be free from abuse, neglect and exploitation. 

Objective:
  • To create awareness in elderly people themselves regarding what comes under elder abuse.
  • To sensitize young people regarding elder abuse and to bridge the intergenerational gap between elderly and young people.
  • To create awareness in media and civil society at large regarding elder abuse.

World Elder Abuse Awareness Day ( WEAAD) , Month long Tentative Programme. from May 21st to June 30th 2012 . This event can be organized and participated by anyone and anywhere in world:

1. Essay Competition –  Essay of maximum 2000 words on the following topics are invited from May 21st  to June 30th 2012 , Certificates will be given to best 3 http://silverinnings.blogspot.in/2012/05/5th-annual-national-essay-competition.html

For all age groups: Importance of Family for Care of Elders

For School Students - Class 5th to class 10th: Inspiring Stories of My Grandparents

For Students - 1st year College to Post Graduation: Youth & Elders are made for Each Other
            
                                                                    

2. Online Survey 2012: Where do you want to stay in your old age ?  from May  to June 2012 : http://lnkd.in/D9wdYp

  
3. “Shop for Cause” Shop & Support an NGO ( Not for Profit) . The profit earned from this sale will be Donated to Silver Inning Foundation, an NGO that works with Senior Citizens : 1st June to 3rd June 2012 , Daily 11am to 5pm , Mumbai


4. “Foot D Ball to Stop Elder Abuse” friendly football match  , Mumbai , 2nd year : Silver Inning Foundation (SIF) in association with Alfresco FC Mumbai are promoting the cause of Elderly through unique and well tried ‘Sport for Development’ (S4D) concept through our Pilot project “Foot D Ball to Stop Elder Abuse “. They will play matches at MDFA , Senior Citizens Associations , Old Age Homes , Schools / Colleges till Oct 2012. This intergeneration activity with S4D concept through Football is tried for first ever time in this part of the world (might be first time in world) for promoting Elder Cause and to create awareness about Elder Abuse in civil society. Youth will Tie ‘Purple Security Band’ to Elders 



5. Walk the Talk : Awareness Walk & Talk with Senior Citizens : Various events will be hosted with local Senior Citizens associations / centers . May 21st to June 30th 2012


6. ‘Intergenerational Programme’ in Schools: Events will be hosted in nearby schools / colleges, like Essay Competition , Painting etc . May 21st to June 30th 2012


7. Share & Care: Upload latest pictures of your Grandparents and Elderly around you at Facebook Page: https://www.facebook.com/WorldElderAbuseAwarenessday  . Best 3 photograph will be given Digital Certificate. May 21st to June 30th 2012


8. Send Post Cards, Greeting Cards, Letters to Lonely and Forgotten Elders staying in Old Age Homes / Nursing Homes / Alzheimer’s Home in India, Kenya and USA. Send them inspiring quotes, poem & picture Cards to show them that they are not alone and we care for them. This event is in association with ‘The Forgotten Ones: Compassion for the Elderly’ https://www.facebook.com/compassionfortheelderly    and ‘The Forgotten Ones: International Card Exchange for the Elderly’  https://www.facebook.com/thelonelyelderly  .  

Old Age Homes / Dementia Homes can also contact us if they want their residents to be given the Post/Greetings Cards. May 21st to June 30th 2012.

For sending Cards & Participation Contact:  India : Silver Inning Foundation :  silverinnings@gmail.com    Kenya :  La Vie Foundation : tomoketch@gmail.com  USA : The Forgotten Ones: International Card Exchange for the Elderly:  pamohalloran@yahoo.com  .



9. Bulk SMS to be send to people on 15th June for awareness 


10. Bulk Email  to be send on 15th June for awareness  


11. Various other programnme:  Street Play , Debate , Article in Newspaper , Letters to Editors ,  Talk Show on TV / Radio , Painting Competitions , Workshop , Conference , Submitting Memorandum to Government or Police Authority , Advertisement in Local Newspaper / Newsletter with WEAAD message , Rally etc can also be organized from May 21st to June 30th 2012 in various places by anyone who care for Elders.



If you want or if you are participating in any of above events or if you organize any event for WEAAD , please send us detail report with one or two photograph at silverinnings@gmail.com , we will compile the information/report and post it on : http://www.inpea.net  & https://www.facebook.com/inpea


Together, we have the power to prevent elder abuse


My World, Your World, Our World, Free of Elder Abuse

This World Elder Abuse Awareness Day (WEAAD) 2012 program is organized by Silver Inning Foundation and supported by INPEA (International Network for Prevention of Elder Abuse) Indian Chapter through Development, Welfare and Research Foundation (DWARF) ; 'Little Things Matter Initiatives' (LTMI) ; SSS Global; FESCOM (Mumbai) ; 1298 Senior Citizens Helpline, Mumbai; AISCCON  ; Harmony for Silvers Foundation ; Pushpa MA Foundation ; Anugraha India ; HelpAge India - Mumbai  ; ARDSI Greater Mumbai ; iCONGO ; iVolunteer ,  Alfresco FC Mumbai ; The Forgotten Ones: Compassion for the Elderly , USA ; The Forgotten Ones: International Card Exchange for the Elderly , USA & La Vie Foundation , Kenya 


Tuesday, November 22, 2011

Amendment Required in The Maintenance and Welfare of Parents and Senior Citizens Bill, 2007 (MWPSC)

An Open Letter to National Human Right Commission (NHRC) India was submitted by Silver Inning Foundation to Dr. S.P.Kinjawadekar , Core Committee member NHRC.

The MWPSC Act has been enacted by Parliament with an objective to provide effective provisions for the maintenance and welfare of parents and senior citizens as guaranteed and recognized under the Constitution. The State governments are authorized to implement and execute the Act, which may be reviewed and monitored by the Central Government.

By passing this Bill, adequate measure has been taken to protect life and dignity of this vulnerable group of Senior Citizens (60+). The Central and State Government have also taken some welfare measures for Senior Citizens by adopting various schemes like old age pension, travel concession, tax rebates etc, but they are minimal and nominal attempts and benefited a few elite and people in urban region. But the poor, illiterate and rural elderly are ignorantly suffering in their old age.

After deliberation with Senior Citizens we at Silver Inning Foundation hereby suggest following amendments in The Maintenance and Welfare of Parents and Senior Citizens Bill, 2007 (MWPSC) for the benefit of 100 million Senior Citizens of India:

  • Fully adoption and implementation of ACT by all state government
  • Wide range and constant Publicity for MWPSC should be made mandatory for regulator / implementing agency / state to outreach maximum number of Elders
  • Government should provide minimum maintenance to Elders who are Childless or have No Relatives
  • Provision for protection of parents who are 50+ and are abused / abandon
  • Government should provide Minimum maintenance or Look after Elders with No property or who are Destitute
  • It should be made clear, who will do management of Old Age Home ; a guideline should be made for the same
  • Free Medical support for BPL and destitute senior citizens should be given
  • This Act provides relief in case of Financial Maintenance and Property Abuse but nowhere there is mention of Psychical and Psycho Social Abuse / Care. A provision / intervention for Psychical and Psycho Social Abuse should be made
  • A specific provision for providing security of residence, like in case of Domestic Violence Act, should be incorporated in the Act.
  • Immediate relief / maintenance (after verification of facts) should be provided to Elders when a case is filed or referred, as the process to get justice might take 90 days or more
  • Police should be given more power to make su motto arrest or intervention if required
  • Minimum Maintenance should also be fixed and maximum maintenance should be Rs. 10,000/- or more per month as per living elders and paying capacity of children’s/ relatives
  • The punishment should be nonbailable imprisonment of minimum 1 month and may extend to 3 months or fine which may extend to Rs.10,000/- or with both
  • All state governments should adopt a comprehensive action plan for providing protection of life and property of aged and to prevent any form of abuse, particularly of the lonely aged
  • There is also a great moral responsibility on the society. Above all, the children must be sensitized towards their parents and elders. An Intergeneration study / course activity in schools and colleges should be made mandatory

·

We hope following amendments will be beneficial to our Elders who look for peace and happiness in their silver years.

14th Nov 2011

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