Old people face rights issues, hesitant about legal aid: Study

New Delhi : A major chunk of the over 100 million senior citizens in India, whose numbers are expected to grow in next three or four decades, still lead a difficult life despite a drastic improvement in terms of education, health, life expectancy and financial Independence, according to a new survey.

"Majority of them still lead a life full of miseries, disparity and worries due to lack of family support, diminishing social and traditional values and sense of loneliness fast developing among them. They remain vulnerable just because of their old age," says a new pan Indian study by Agewell Foundation.

Under a major finding of the study, 14.34 per cent of the respondents felt the need of legal protection in old age. Only 7171 older persons out of 50,000 older persons interviewed said that there were some occasions in their life when they felt they should go for legal action against their counterparts.

Only 1086 (15.14 per cent) had opted for legal route. Again 5 of every six older persons (84.86 per cent) did not file any legal case for seeking justice. The Delhi-based NGO based the survey on a representative sample of 50,000 senior citizens (29000 from rural areas and 21000 from urban areas) spread across 300 districts covering 25 states and Union Territories. Under the survey it was attempted to assess the impact of legal system on various aspects of older persons' human rights protection.

It was found that judiciary can play a bigger role in sensitizing society towards needs and rights of older persons. Interviewers also collected input from legal practitioners including judges, legal advisors, counselors and human rights activists regarding older persons legal problems.

"I have been sleeping on the streets for over 10 years. After the death of my husband my children kicked me off from our own house. They forced me to wander here and there in old age without any kind of support, medical care and medicines. Anyhow I am alive today," says Madhumati Biswas, 81-year-old widow from Dinajpur in West Bengal.

According to legal practitioners, the number of court cases pertaining to older persons has risen over the years.Out of total 1000 legal practitioners interacted, 345 said that in their opinion majority of older persons are involved in house or land property related cases. 288 legal practitioners opined that older persons are involved in legal suites related to Section 498 A (anti dowry legal provision to protect women's interests). 145 people dealing with legal matters, interviewed said that most of older persons, who are involved in legal cases, are involved in cases of domestic violence, etc.

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