Human Rights Approach to Protect Elderly Persons in India

Abstract

In the modern fast paced world, human rights for the vulnerable sections have become a mainstream concern globally. One such vulnerable section comprises of the elderly people. Different countries categories and treat elders differently. Elderly people can be understood as individuals who are not part of the productive population of a country or people who have crossed the age of retirement from work. It is commonly a stage of life associated with a loss of physical prowess, less capacity to work and an increased need of medical assistance. They are the dependent population who usually do not have a regular source of income of their own. The Indian culture has a great reverence for the elderly and instills in individuals a sense of responsibility for their care. But do these values still hold in the present society, with an ever-increasing figure of old age homes and care facilities? Are the rights to elderly people only limited to traditions? The Indian Constitution reads the Right to Life under the title of a fundamental right and the Judiciary has expanded it further to include right to life with dignity in a catena of cases. Numerous international treaties and plans have also been laid out to safeguard the rights of the elderly people. This paper evaluates the position of India with regards to the rights of its elder demographic. It draws out the legal safeguards provided to ensure human rights to the elderly and traces the various government schemes and programs targeted towards the betterment of the elderly. It aims to access the conditions and facilities given to the elderly people in the old age homes operated by the state functionaries and private organizations. Furthermore, a comparative assessment of the provisions and laws concerning the elderly in other countries is made so as to suggest changes needed in order to improve India’s stance with regards to its elder population thus, ensuring that their human rights are not infringed.