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Domestic Violence: Elderly Citizens

Every now and then we hear about the abuse of Senior Citizens in and around our surroundings. But due to over burden of our own work, we usually ignore such talks and keep mum. Senior Citizens are an integral part of society. Their vast experience and teachings have always enriched families and societies. However, recently there has been end number of incidents when senior citizens have been boycotted by their very own families and have been deprived of even basic necessities of life. Many senior citizens have also been forced to leave their own homes and seek shelter in old-age homes. In view of such adversaries, legislature had formulated the law Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizen Act) and the Judiciary has also in the recent times passed verdicts which further strengthen their rights and position in society.

The term 'Domestic Violence' is used when there is a close relationship between the offender and the victim. Domestic violence affects every age group and is present throughout the life span, but, while the mental health impact of domestic violence is clearly established in working age adults, less is known about the nature and impact of domestic violence among older adults. Some victims require assistance with daily living skills or require ongoing nursing care. Older victims of domestic and sexual abuse are women. Being hurt by someone the victim loves or trusts makes these cases particularly challenging. The victim may want to maintain the relationship but have the abuse stop. Often victims will try a variety of methods on their own to end the violence. However, once victims recognize that they cannot stop the abuse alone, they will often ask for help from friends, family or professionals. Sometimes the victim may try to protect the abuser from going to jail or into a mental health facility.

Some  questions you could ask?

        (a) Do you feel safe at your home?

        (b) Have you gone out with your friends lately? If not, why?

        (c) Do you have the money you need to buy food, clothing, and to go out?

        (d)I see a lot of people with injuries like yours. Sometimes they’re a result of a family            argument. Has this ever happened to you?

       (e) I’ve come across several people who are victims of abuse and so now I make it a habit        to ask people if they are abused or know anyone who has been abused.

How to recognize elder abuse as a Family or friend?

Elder Abuse may be hard to find, given that it is still a taboo topic. Moreover, the abused senior citizen may make every attempt to hide it. However, do keep an eye out for these signs in elders who may be living in an institution, alone with a caregiver, or even with family. Do remember though that these are meant to be guidelines and not all these signs may indicate abuse.

       - Bruises could be an indication of physical abuse or mistreatment.

      - The senior citizen is suddenly withdrawn, doesn’t wish to do regular activities or seems depressed.

      -  Bedsores, poor hygiene, and sudden weight loss.

      -Changes in a senior citizen’s personality or behavior could indicate an unhappy situation.

Please don’t respond in this manner:

Never tell the victim what they should do, in your opinion. Provide choices, not interventions.

Never insist on your own timetable for changes

Never confront a suspected abuser.

If a person discloses to you about abuse:

·       - Respond with kindness and maintain an attitude that does not blame or make                       judgments about the person, the abuser, or the choices they have made.

·      -Believe the person and be willing to listen. Let the person know that it’s not their fault,        they are not alone and that there is help available.

What to do when an elder is abused?

1.  Report it to the jurisdictional police station: The very first step is to make the jurisdictional police aware of the abuse is by filing a written complaint. Those who cannot write are required to verbally inform it to the station house officers who can pen it down for them and get their thumb impression. Oral complaints are not adequate as they can lead to confusion in future.

2.  File a First Investigation Report (FIR): In case a senior is hurt and reports an admissible offence, an assault or an injury to the police station, the cops must register an FIR and investigate whether the report is genuine and gauge the intensity of the complaint.

3.  Obtain a wound certificate from a government hospital: Once the cops investigate and find the complaint to be genuine, they must take the senior to a government hospital for medical examination. Following this, the abused senior citizen will be provided with a wound certificate, based on which the cops will file a charge-sheet against the accused. The case will thereby go on to the magistrate court or others and the legal discourse will be followed.

4.  Approach the helplines: The seniors may also use the Elders Helpline in their respective cities and seek help from the coordinators to file a petition to report abuse. The counselors first listen to the case to see if it is genuine. When found true, a written complaint is registered by the Helpline, and a notice is sent to the perpetrator through the police. Following this, the Helpline tries to create a platform of dialogue between the two parties to resolve the dispute amicably. Example: Silver Talkies is a social enterprise whose mission is to help older adults fight loneliness and social isolation and make active ageing a desirable goal. 

Laws for Senior Citizens:

Maintenance and Welfare of Parents and Senior Citizens Act, 2007, makes it a legal obligation for an heir/offspring to provide a monthly allowance to his/her parents (senior citizens) as maintenance, the Act has been widely criticized by policymakers for its vague and lax provisions. Many experts have stressed the importance of clearer legislation to safeguard the rights and interests of senior citizens in India.

The objectives of the above act are as follows:-

The chief objective behind this law was to make the provision of maintenance and welfare to old parents and senior citizens more effective.

1. This Act makes it legally obliging for adult children and heirs to provide for parents by way of a monthly allowance.

2. This Act provides an inexpensive and speedy procedure to claim monthly maintenance for parents and senior citizens.

3. According to this Act, parents could mean biological, adoptive or step-parents.

4. Under this Act, there are also provisions to protect the life and property of such persons (elderly).

5. Since enacting this Act, senior citizens who have transferred their movable or immovable property, on the condition that the transferee shall provide them basic amenities and take care of their physical needs refuse to do so, such a transfer of property shall be considered to have been made by fraud or by coercion or under undue influence. Such a transfer can be made void.

6. Abandoning a senior citizen in any place is a criminal offence.

7. The Act also provides for the state governments to establish at least one old age home in every district of the state, and also ensure adequate medical care for senior citizens.

In Senior Citizen Welfare Organization & another v. State of Uttarakhand & Anr, the court held that every senior citizen has a fundamental right to live with dignity. It is the duty cast upon the State Government to protect the life, liberty and property including dignity and decency of senior citizens. They cannot be permitted to be left unattended in the twilight of their lives. Ours is a welfare and socialist state and it is expected that every senior citizen should live in a dignified manner with the assistance to be provided by the State Government.

In Pramod Ranjankar & Anr. v. Arunashankar & ors, the two senior citizens alleged of physical assault and torture by their son and daughter-in-law by not providing them food, medicine and also confining them to a corner of their own house. Section 24 of the Act provides that whoever is responsible to care for senior citizen leaves such senior citizen with the intention to abandon him then he shall be punished.

(Advocate Vedika Chaubey can be reached at vedikachaubey@gmail.com)