A CRITICAL ANALYSIS OF THE RIGHTS OF SENIOR CITIZENS UNDER PERSONAL AND CIVIL LAWS
Dr. Naresh W. Patil
Assistant Professor
Kumbhalkar College of Social Work Wardha, Maharashtra, India
Email- nwpatil0109@gmail.com
ABSTRACT
The ageing population in India has brought renewed focus on the legal rights and protections available to senior citizens. Traditionally, the care and maintenance of elderly persons were governed largely by moral obligations rooted in family structures and personal laws. However, rapid socio-economic changes, urbanisation, and the breakdown of joint family systems have exposed senior citizens to neglect, abuse, and financial insecurity. This paper critically examines the rights of senior citizens under personal laws and civil laws in India, including maintenance, property rights, inheritance, and protection from neglect. It analyses the extent to which Hindu, Muslim, Christian, and Parsi personal laws address elderly welfare and evaluates the role of civil law mechanisms such as Section 125 of the Criminal Procedure Code and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Through judicial interpretations and contemporary challenges, the paper argues that while India has developed a multi-layered legal framework for senior citizens, significant gaps remain in implementation, awareness, and harmonisation between personal and civil laws. The study concludes with suggestions for strengthening legal protection and ensuring dignity, security, and social justice for the elderly.
DOI link – https://doi.org/10.69758/GIMRJ/2601S01V14P048
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