Indians who neglect their aging parents could be jailed under a new law passed by parliament amid growing elderly mistreatment in a country long known for revering the old. Elderly people are increasingly being regarded in India as a burden as nuclear families become the norm against the backdrop of rapid economic development that is fast breaking down traditions.

“With the joint family system withering away, the elderly are being abandoned,” social justice minister Meira Kumar told parliament.

“This bill is in response to the concerns expressed by many members over the fate of the elderly,” she said. The legislation provides for a three-month jail term if children do not look after old parents, Kumar said, adding that “the penal provision is meant to act as a deterrent”.

India is a young country with a massive 51 per cent of its 1.1 billion population younger than 25, and two-thirds below the age of 35. But the number of old people is also growing with 113 million Indians expected to be older than 60 by 2016, up from 81 million now. That figure is seen swelling to 179 million by 2026.

There are frequent reports in the Indian media of the elderly being thrown out of their homes to make way for the new generation, abandoned or mistreated by their grown-up offspring.
Other elderly people commit suicide because they have no money to survive. The legislation stated “that old age has become a major social challenge and there is need to give more attention to care and protection of older persons”.

“Many older persons . . . are now forced to spend their twilight years all alone and are exposed to emotional neglect and lack of physical and financial support,” the bill said.
The new law, which provides for the setting up of a tribunal in each district for helping the old in distress, contains no room for appeal.

“This has been done deliberately as they (the children) have a lot of resources which the old people do not have,” Kumar said. The legislation also provides for the state to set up old age homes that the minister said should be the “last resort for the poor and the childless.”