The Parents and Elderly Welfare Amendment Bill can be discussed in the winter session

The Union government could consider the Parents and Elderly Maintenance and Welfare (Amendment) Bill, 2019 – two years pending – during the next winter session of Parliament.

The Parent and Elderly Maintenance and Welfare (Amendment) Bill 2019 was first introduced in the Lok Sabha in December 2019. It went to a standing committee roughly at the same time for consideration and its report was presented to the Lok Sabha in January of this year.

The bill seeks to amend the Parent and Elderly Maintenance and Welfare Act 2007. The changes contained in the bill were based on recommendations from various stakeholders, including the National Council of the Elderly.

“The Parents and Elderly Maintenance and Welfare (Amendment) Bill 2019 aims to expand the scope of the law by changing the definitions of the terms” children “,” parents “,” maintenance ” , “Well-being” and “the elderly”, to enable parents and the elderly to lead a life of dignity “, we can read in the text of the bill.

He says that “children”, in relation to a parent or an elderly person, means his or her son or daughter, whether biological, adopted or daughter-in-law and includes his son-in-law, his daughter-in-law, his grandson. , his grand-son. daughter and legal guardian of minor children, if applicable. According to the main law or the law of 2007, “children” means children and grandchildren, excluding minors.

The amendment will extend the scope of “parent” to the father or mother, whether biological, adoptive or in-law, and includes the stepfather, stepmother and grandparents, whether they are or not the elderly. According to the main law, parents include biological, adoptive and step-parents.

The bill also broadened the definition of “maintenance” and “welfare”. He says “maintenance” includes the provision of food, clothing, shelter, safety and security, medical care, health care and treatment necessary to lead a life of dignity. The main law had qualified maintenance as the provision of food, clothing, residence, medical care. assistance and treatment. The amendment bill now includes “life with dignity” under the heading “life with dignity”.

In addition, “well-being” means the provision of food, clothing, shelter, safety and security, medical care, health care, treatment, recreation and other amenities necessary for well-being. physical and mental being of parents and the elderly.

In addition, the changes also proposed to remove the restricted maximum limit of Rs 10,000 per month for maintenance, as prescribed by the main law. The 2007 law limited child support per month to an amount not exceeding 10,000 rupees. Now, the maintenance order can also order the provision of other resources and care for maintenance, in addition to the monthly allowance. The court can now take into consideration the standard of living and income of the parent / elderly or children or parent, when determining alimony.

According to the 2011 census, India has over 10 million elderly people, including five million women. The welfare of the elderly is enshrined in the Indian Constitution. Article 41, a guiding principle of state policy, ordered that the state, within the limits of its economic capacity and development, take effective measures to guarantee the right to public assistance in the event of of old age. There are also other provisions that direct the state to improve the quality of life of its citizens. The right to equality is guaranteed by the Constitution as a fundamental right. These provisions also apply to the elderly.

The winter session of Parliament will be held from November 29 to December 23.

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