INTRODUCTION
According to the UNFPA report India has the highest number of young people, and ageing is rapidly progressing. India’s elderly population, currently at 153 million, is projected to soar to 347 million by 2050. This shift represents more than just a number—it’s a profound societal transformation with sweeping implications for the nation’s future.
A major social menace today is the silent crippling of society through the abuse of the elderly. As social beings, it’s alarming to witness individuals, who once built a world of family and friends, become isolated in their twilight years. Despite decades of life and relationships, many find themselves alone when they need support the most.
According to the World Health Organization, elder abuse involves any harmful action or neglect within a trusted relationship. Globally, around 16% of elderly individuals experience abuse.
Even though the government has started planning for the well-being of their ageing societies, we find the physical, psychological, and financial exploitation of this stratum of the population is reaching an all-time high. Post lockdown, a 251% increase in elder abuse has been witnessed.
While some governments have begun addressing the needs of their ageing populations, there is still a pressing need to raise awareness about the profound impact of population ageing. Collecting reliable, globally standardized data is essential for preparing financial, social, and medical systems to support the world’s rapidly growing elderly demographic.
PHYSICAL EXPLOITATION
Elder death: Caught on cam, ayah held for attack
Physical exploitation of elderly people involves the deliberate infliction of harm, injury, or physical discomfort by caregivers, family members, or others in a fiduciary relationship. This form of abuse can include striking, slapping, or using excessive force, resulting in bruises, fractures, or chronic pain. Elderly victims are often frail, making them particularly vulnerable to such violence, which exacerbates pre-existing health conditions. Moreover, this exploitation usually goes underreported due to fear, dependence on the abuser, or societal stigma, leaving victims trapped in cycles of violence. The broader implications extend to long-term physical and psychological trauma, severely affecting their quality of life.
PSYCHOLOGICAL EXPLOITATION
Psychological abuse of elders is more prevalent than physical torture and many cases of abuse go unreported, said senior geriatric physician V.S. Natarajan. Psychological abuse could happen in subtle or overt ways and elders might not even recognise it.
Psychological exploitation of elderly individuals entails the deliberate and systematic infliction of emotional harm, often through manipulation, coercion, or verbal degradation. This form of abuse erodes their sense of dignity and self-worth, fostering fear, isolation, and profound mental anguish. Perpetrators, often caregivers or family members, employ tactics such as threats, isolation, humiliation, and controlling behaviour to undermine the victim’s mental well-being. This form of abuse creates feelings of fear, worthlessness, and helplessness in the elderly, eroding their sense of identity and autonomy. The exploitation often leads to depression, anxiety, and a decline in cognitive functioning, exacerbating pre-existing mental health conditions. Due to the covert nature of psychological abuse, it often remains unreported, leaving victims isolated and vulnerable to further harm.
FINANCIAL EXPLOITATION
About a month ago in Kolkata, an elderly woman lost four lakh rupees after a fraudulent caller asked her to verify her bank details. Unaware of the scam, she shared her Aadhaar and personal information. This incident exemplifies elder abuse, where the elderly and vulnerable are exploited, paying a heavy price for their vulnerabilities in today’s corrupt world.
Financial exploitation of elderly people involves the unauthorized or improper use of an elder’s resources by individuals in positions of trust, such as family members, caregivers, or legal representatives. This form of abuse includes theft, fraud, coercion, or manipulation to gain control over the elder’s money, property, or assets. Often, elderly victims are unaware of the exploitation due to cognitive impairments or a deep sense of trust in the perpetrator. Financial abuse can lead to devastating consequences, depleting the elder’s savings, leaving them unable to afford necessities, and causing severe emotional distress, including feelings of betrayal and helplessness.
THE REASON BEHIND ELDER ABUSE
Elder abuse is a multifaceted issue stemming from a complex interplay of individual, relational, community, and societal factors. Vulnerabilities such as cognitive impairment, physical health issues, and mental health problems make older adults more susceptible to abuse. Perpetrators often experience caregiver stress, financial dependency, or substance abuse, which can exacerbate abusive tendencies. Shared living situations and intergenerational conflict further complicate these dynamics, as caregivers may feel trapped or overwhelmed.
On a broader level, societal attitudes toward ageism and inadequate support services for both elders and caregivers contribute to the prevalence of elder abuse. In some cultures, normalized violence or traditional family structures can perpetuate mistreatment. The caregiver stress model, while significant, is insufficient in capturing all cases, as elder abuse also reflects power and control dynamics, often rooted in broader societal power imbalances. Theoretical perspectives such as social learning theory further suggest that abusive behaviours are learned and perpetuated across generations.
Addressing elder abuse requires a comprehensive, interdisciplinary approach. Prevention and intervention strategies must tackle individual vulnerabilities, relational conflicts, and systemic societal issues to effectively protect vulnerable elderly populations from exploitation, neglect, and harm.
LEGISLATION AND GOVERNMENT POLICIES
The Bombay High Court upheld the eviction and directed maintenance payments to protect the elderly mother’s welfare, as the son and his wife were neglecting her needs and creating an unsafe living environment. The court acted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which aims to safeguard senior citizens from exploitation, neglect, and abuse by family members.
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 mandates that children and heirs provide financial support to parents, allowing senior citizens to seek maintenance through a tribunal. The National Policy for Senior Citizens (2011) prioritizes income security, healthcare, and participation in productive work, while also recommending a National Commission for Senior Citizens. The Protection of Women from Domestic Violence Act, 2005, extends to elderly women facing domestic abuse.
Government schemes like the Indira Gandhi National Old Age Pension Scheme (IGNOAPS) and Pradhan Mantri Vaya Vandana Yojana (PMVVY) ensure financial security, while the Rashtriya Vayoshri Yojana and Senior Citizens Savings Scheme (SCSS) provide physical aids and savings benefits. Section 144 of the BNS legally binds children to support their elderly parents.
Programs like the National Programme for Health Care of the Elderly (NPHCE) and initiatives by NGOs, including HelpAge India, aim to provide healthcare and social support to seniors. The Integrated Programme for Older Persons (IPOP) funds NGOs managing elder care services, and the Elder Helpline (14567) provides emotional and legal assistance. Additional benefits include income tax relief, travel concessions, free healthcare, and legal aid under the Legal Services Authorities Act, of 1987.
INDIAN JUDICIARY
The case of Ms Sujatha v. State of Maharashtra focuses on the legal rights of senior citizens, emphasizing the need for state intervention when elderly individuals face neglect or abuse, particularly from family members. The court highlighted the paramount concern for the welfare of senior citizens and the state’s duty to protect them under the Maintenance and Welfare of Parents and Senior Citizens Act, of 2007.
The ruling underscores the importance of legislation safeguarding senior citizens, reinforcing the need for strict enforcement of existing laws. The court’s proactive stance reflects a broader trend in Indian jurisprudence where courts are willing to step in to protect vulnerable populations. This case raises awareness about societal attitudes towards elderly care and the responsibilities of family members, urging a cultural shift towards greater respect and care for older adults.
In Santosh Patil v. Surendra Patil, the Bombay High Court addressed a family dispute involving elderly parents facing mistreatment from their adult children.
The court reaffirmed that children have a legal and moral obligation to care for their ageing parents, aligning with societal norms. This case serves as a precedent for similar disputes, emphasizing that courts can intervene in family matters when there is evidence of neglect or abuse. The ruling may influence family dynamics by encouraging more open discussions about responsibilities towards ageing relatives, potentially reducing instances of neglect.
CONCLUSION
To empower elderly individuals and ensure their voices are heard, a multi-faceted approach is essential. Strengthening legal frameworks is crucial; this includes enhancing laws and providing legal literacy to seniors and caregivers. Improving accessibility to services through mobile support units and accessible reporting platforms can help those with mobility issues. Promoting awareness and education via public campaigns and training programs for caregivers will foster a more informed community. Enhancing community support with networks and social inclusion initiatives will combat isolation and provide emotional backing. Utilizing technology through digital platforms and assistive technologies will facilitate communication and access to support. Finally, encouraging policy participation by involving seniors in decision-making processes and establishing advisory councils ensures their direct input in policies affecting their lives. This comprehensive approach will bolster the protection and empowerment of elderly individuals, affirming their dignity and rights.
Author(s) Name: Sumedha Chatterjee (Department of Law, University of Calcutta)
