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Aged and the State

Social Issues Aged

Aged and the State

Constitutional Provisions

According to article 41 “ the state shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education, and to public assistance in cases of unemployment, old age, sickness and disablement and in other cases of undeserved want.”
Constitution of India, 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, 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.

Legislative Measures

There are some legislative provisions for the protection of the elderly which are based on the principle that it is the family (children) which is responsible for their care.

Section 125(d) of the criminal procedure code(1973) makes it incumbent for a person having sufficient means to maintain his father or mother who is unable to maintain himself or herself and getting proof of such neglect or refusal, a first class magistrate may order such person to make a monthly allowance not exceeding Rs.500.
The Hindu adoption and maintenance act, 1956, too, recognises the obligation of a person to maintain his or her aged or infirm parent [section 30(3)].
Historically, legal responsibility has been assigned to children to take care of their old parents in most countries of the world. However, taking into consideration the changed contemporary scene, countries are now moving in the direction of the state providing social security benefits to the old in their own right.

Parents maintenance Act

The Maintenance and Welfare of Parents and Senior Citizens act , 2007 aims at protecting the senior citizens and makes neglecting parents above 60 years punishable by a fine and imprisonment or both.

Within family

The most important provision of the act is to make the maintenance of parents by their family as a legal right.
The act provides for setting up separate tribunals at district headquarters where elderly parents could move to claim proper maintenance from their children.
It gives no scope for appeal against the punishment.
The act provides for 3 months jail term if children do not look after their old parents.
The statement of objects of the act states that though parents could claim maintenance under the Cr. P.C.,

Wider measures

appropriate mechanism to be set up to provide need based maintenance to the parents and senior citizens.
providing better medical facilities to senior citizens.
for institutionalization of a suitable mechanism for protection of life and property of older persons.
setting up of old age homes in every district.

National Policy for Older Persons

In order to address the problems of the older persons, the Ministry of Social Justice and Empowerment (MoSJE) has launched in the year 1999, a National Policy on Older Persons (NPOP).

The NPOP extend comprehensive support for financial security, health care, shelter, welfare and other needs of the elderly. It seeks to provide protection against abuse and exploitation, make available opportunities for development of the potential of older persons by enlisting their participation and providing services to improve their quality of life.

The salient features of the NPOP

Financial Security

The old age pension scheme to eventually cover all eligible older persons
Pension scheme to be broadened to include both public and private sectors
Tax exemption for medical and nursing care, transportation and support services for the old or the son or daughter with whom they are staying
The public distribution system to reach out to cover all 60+ living below the poverty line

Health Care and Nutrition

Subsidy for the health care needs of the elderly poor and graded system of user charges for others
Providing public health services and health insurance to ensure preventive, curative, restorative and rehabilitative needs of the older persons
Tax reliefs, grants, land grant at concessional rates to NGOs and private hospitals to provide economical and specialized care for the older persons
Setting up geriatrics wards and running of training and orientation programmes for geriatric care
Expansion of mental health services, counselling facilities for the elderly having mental health problems

Shelter

Earmarking 10% of the houses in private & Govt. housing schemes and easy access to loans
Layout of housing colonies to be sensitive to the needs of the older persons
Quick disposal of cases of property-transfer, mutation, property-tax etc.

Welfare

Identify the more vulnerable among the older persons such as poor, infirm and those without family support. Institutional care to be only the last resort
Assistance to voluntary organizations by way of grants in aid for construction/ maintenance of Old-Age Home, Daycare Centers, Multi-service Citizens Center, out reach services, supply of disability related aids and appliances etc.
Setting up welfare fund for older persons with support from Corporate Sector, trust, charities, individual donors and others

Basic facilities

Providing identity cards, fare concession, preference in reservation of seats, earmarking of seats in local public transport, modifications in designs of public transport, priority in allotting gas and telephone connections, etc.

NGOs

Supporting NGOs and ensuring transparency, accountability, simplification of procedures and timely release of grants to NGOs working for the older persons

Research & training

Encourage Research and documentation on ageing

The Implementation Strategy

1. Preparation of Plan of Action

2. Setting up of separate Bureau for Older Persons in Ministry of Social Justice and Empowerment.

3. Setting up of Directorates of Older Persons in the States

4. Three Yearly Public Review of Implementation of policy.

5. Setting up of a National Council for Older Persons 6. Establishment of Autonomous National Association of Older Persons.

7. Encouraging the participation of local self Government

Institutions

The Ministry of Social Justice and Empowerment, as the name suggests, is to ensure equitable treatment to such sections of society which has suffered social inequalities, exploitation, discrimination and injustice.
The Social Defence Division of the Ministry mainly caters to the requirements of Senior Citizens, besides victims of alcoholism and substance abuse, Transgender Persons and Beggars / Destitute.
National Institute of Social Defence

National Council for Older Persons

Ministry of Social Justice and Empowerment, Govt. of India has constituted 'National Council for Older Persons' in May 1999 to advise and aid the Government on developing policies and programmes for older persons.
It provides feedback to the Government on the implementation of the National Policy on Older Persons and the specific initiatives for older persons.
The NCOP is the highest body to advise and coordinate with the Government in the formulation and implementation of policy and programmes for the welfare of the aged.

National Initiative on Care for Elderly

In the year 2000, the NISD launched, accordingly, a Project, ‘National Initiative on Care for Elderly’, ‘NICE’.
The project, ‘NICE’ is developed to enhance the delivery of care to the elderly in de-institutionalised settings.
The focus of the Project is on creating awareness, identification of the needs, targeted intervention and optimising capabilities to improve the quality of life of the elderly.
Programmes/certificate courses to train persons.
Orientation programmes in several regions of the country to generate an awareness among Senior Citizens on the welfare facilities/programmes available for them.
Create a manpower with the skilled abilities to take care of the older persons in the family and community settings.
Main objective is to generate front-line Geriatric Care Givers (Geriatric Animators) who can assess the needs of the elderly for fulfillment with special emphasis on social, economic, health & disability problems among the senior citizen.

Main Components of NICE

There are three main components of the Project, NICE on which it is based: Prevention, Control, Care

Prevention

Prevention is better than cure. Some of the old age problems can be checked and prevented through concrete measures in early stages of life; such as :
Sensitizing the youth about the problems specific to ageing ,
Health awareness, Encourage exercises ,
Steps for financial security in old age ,
Attitudinal shifts – focus on prevailing myths & prejudices/misconceptions
Introducing ‘ Geriatric Care’ concept in school curriculum

Control

The control measures play an effective part in old age care and thus in productive ageing, some of which are :
Timely medical check up and intervention ,
Attend the Day Care Centre, Age Care Club, etc,
Avoid loneliness by attending social functions,
visiting friends, etc,
Improvise on financial resources, Encourage the younger generation to attend to the needs of the elderly and provide the facilities, Encourage recreational activities

Care

Caring in old age is the foremost and the basic factor for active ageing and improving the quality of life of older persons.
The list may include:
Legal support – free legal aid,
Financial Support : Old age Pension, Income generation schemes, etc,
Residential support: Old age Home, Night Shelter, Day Shelter, Safeguarding the rights of the elderly, Action Plan – help from police, judiciary, health sector, etc.

Training of Manpower for Care of Senior Citizens

The facilities provided by the Ministry for the training and orientation of workers and volunteers are:

National Institute of Social Defence, an autonomous body under this Ministry is giving training to the employees of the voluntary organizations being assisted by the Ministry.
An Old Age Care Division set up in the National Institute of Social Defence is engaged in the formulation and development of projects and programmes in the field of old age care.
NISD is also running 3-month training programme, 6 months certificate course and post graduate diploma courses on old age care issues under project NICE. The students are also trained in dealing with ethical issues in geriatric care and using practical tools for addressing the problems of older persons.

Programmes

Anna Poorna scheme

On 1st April, 2000 , A scheme called Anna-Poorna has been instituted by Government of India under which free-food-grain upto 10 kg per month will be provided to such destitute older persons who are otherwise eligible for old-age pension under the National Old-age pension scheme but are not receiving it and whose sons are not residing with them

Vayoshreshtha Sammans - A Scheme of National Award for Senior Citizens.

Scheme of National Award for Senior Citizens (Vayoshreshtha Sammans) was launched in 2005 and is dedicated to senior citizens. The Scheme is funded by the Central government. This scheme is applicable for eminent senior citizens and institutes involved in rendering distinguished services for the cause of elderly persons. Institutes and senior citizens can avail this scheme by contacting Ministry of Social Justice and Empowerment.

Indira Gandhi National Old Age Pension Scheme

Indira Gandhi National Old Age Pension Scheme (IGNOAPS), earlier called as "National Old Age Pension Scheme (NOAPS)" is a social sector scheme and forms part of the National Social Assistance Programme (NSAP) which came into effect from 15th August, 1995. This scheme provides social assistance for the old age persons.

Eligibility Criteria

For purpose of claiming central assistance, the following criteria shall apply:
The age of the applicant (male or female) shall be 60 years or higher
The applicant must belong to a household below poverty line according to the criteria prescribed by the Government of India.

National Programme for the Health Care for the Elderly (NPHCE)

from the year 2010-11.
forms part of the Non Communicable Division in the Ministry

Objectives of NPHCE

Provide preventive, curative and rehabilitative services to the elderly persons at various level of health care delivery system of the country
Strengthen referral system
Develop specialized man power and
Promote research in the field of diseases related to old age

An integrated Programme for older persons ( revised 2016)

Aims And Objectives

The main objective of the Scheme is to improve the quality of life of the Older Persons by providing basic amenities like shelter, food, medical care and entertainment opportunities and by encouraging productive and active ageing through providing support for capacity building of Government / Non-Governmental Organizations / Panchayati Raj Institutions / local bodies and the Community at large.

Approach

Assistance under the scheme will be given to the Panchayati Raj Institutions / local bodies and eligible Non-Governmental Voluntary Organizations for the following purposes:-
Programmes catering to the basic needs of Older Persons particularly food, shelter and health care to the destitute elderly;
Programmes to build and strengthen intergenerational relationships particularly between children / youth and Older Persons;
Programmes for encouraging Active and Productive Ageing;
Programmes for proving Institutional as well as Non Institutional Care / Services to Older Persons;
Research, Advocacy and Awareness building programmes in the field of Ageing; and
Any other programmes in the best interests of Older Persons.

Rashtriya Vayoshri Yojana (2017)

is scheme for providing Physical Aids and Assisted-living Devices for Senior citizens belonging to BPL category.
This is a Central Sector Scheme, fully funded by the Central Government.
The expenditure for implementation of the scheme is being met from the "Senior Citizens' Welfare Fund".
The Scheme is being implemented by the Artificial Limbs Manufacturing Corporation (ALIMCO), a PSU under the Ministry of Social Justice and Empowerment.

Importance of the scheme

As per the Census figures of 2011, the population of senior citizens in India is 10.38 crore. More than 70% of the population of senior citizens live in rural areas of the country. A sizeable percentage (5.2%) of the senior citizens suffers from some sort of disabilities related to old age. Projections indicate that the number of elderly population will increase to around 173 million by 2026.
The Government has hence devised the Central Sector Scheme to provide Physical aids and Assisted Living Devices for such senior citizens suffering from age related disabilities/ infirmities, who belong to BPL category.

Salient features of the scheme

Free of cost distribution of the devices,
ALIMCO will undertake one year free maintenance of the aids & assisted living devices.
Beneficiaries in each district will be identified by the State Governments/UT Administrations through a Committee chaired by the Deputy Commissioner/District Collector.
As far as possible, 30% of the beneficiaries in each district shall be women.
The devices will be distributed in Camp mode.