Maintenance and Welfare of Parents and Senior Citizens Act 2007: Overview

The Maintenance and Welfare of Parents and Senior Citizens Act 2007, is an Indian law aimed at ensuring the well-being of elderly individuals who are unable to support themselves. It places a legal obligation on children and relatives to provide for their maintenance including basic needs and comforts. The MWPSC Act allows senior citizens to seek redress before a Tribunal if they are neglected and empowers the Tribunal to order monthly allowances for their upkeep. It also includes provisions to safeguard the property of senior citizens from misuse or fraudulent transfers. Non-compliance with maintenance orders can lead to penalties including fines and imprisonment. The Act also criminalizes the abandonment of senior citizens and provides a framework for appeal against Tribunal decisions. Explore other important Bare Acts.

Maintenance and Welfare of Parents and Senior Citizens Act 2007 Introduction

The Maintenance and Welfare of Parents and Senior Citizens Act 2007 (MWPSC Act) is an important legislation to strengthen the well-being and dignity of senior citizens in India. The Act establishes a legal framework that guarantees financial security, access to healthcare and protection of property for the elderly. The act aims to prevent neglect, abandonment and abuse of senior citizens by making children and relatives responsible for the maintenance of their older family members.

Download Maintenance and Welfare of Parents and Senior Citizens Act 2007

The Constitution of India highlights the need for intervention of the State to establish a protective framework for elderly citizens. According to Article 41 the State shall within the limits of its economic capacity and development make effective provision for securing the right to work, to education and to public assistance in case of unemployment, old age, sickness and disablement and in other cases of undeserved want.

The Maintenance and Welfare of Parents and Senior Citizens Act 2007 is based on the vision of Article 41 of the Indian Constitution. It was enacted by the Government of India on 29th December, 2007. The Act aims to safeguard the rights and interests of senior citizens by allowing them to live with dignity and respect. It provides a comprehensive legal framework focused on the welfare of elderly persons and ensuring their financial security, healthcare access, and protection from neglect and abuse.

Maintenance and Welfare of Parents and Senior Citizens Act 2007 Scheme

The Maintenance and Welfare of Parents and Senior Citizens Act 2007 was enacted to ensure the welfare, maintenance and protection of elderly citizens in India. The Act is systematically divided into chapters as outlined below:

Chapter	Sections
Chapter I	Preliminary (Sections 1-3)
Chapter II	Maintenance of Parents and Senior Citizens (Sections 4-18)
Chapter III	Establishment of Old Age Homes (Section 19)
Chapter IV	Medical Care of Senior Citizen (Section 20)
Chapter V	Protection of Life and Property (Sections 21-23)
Chapter VI	Offences and Procedure (Sections 24-25)
Chapter VII	Miscellaneous (Sections 26-32)

The Maintenance and Welfare of Parents and Senior Citizens Act 2007 lays down important provisions to ensure financial security, shelter, medical support and protection for elderly citizens. Below are the important features of the Act explained with relevant sections:

Section 4 of Maintenance and Welfare of Parents and Senior Citizens Act 2007: Entitled to Claim Maintenance

Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 provides that who are entitled to claim maintenance-

• Any senior citizen including a parent who is unable to maintain himself from his own earnings or property has the right to claim maintenance.
• If the claimant is a parent or grandparent they can claim maintenance from one or more of their children. It also states that the children are not minors.
• In the case of a childless senior citizen, the individual can claim maintenance from their relatives. According to Section 2(g) of the Act, the term ‘relative’ refers to any legal heir of the childless senior citizen who is not a minor and is either in possession of or would inherit the property of the Senior Citizen after their death.

Section 5 of Maintenance and Welfare of Parents and Senior Citizens Act 2007: Application for Maintenance

An application to claim maintenance under Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 can be filed before a Tribunal constituted under Section 5 of the Act. 

The application may be made by-

• a senior citizen or parent directly or 
• by any other person or organisation authorised by the senior citizen or
• the Tribunal may also initiate proceedings on its own accord i.e., suo moto

After the filing of the application, the Tribunal will issue a notice to the child, relative or other concerned parties. The Tribunal has the authority to issue interim orders regarding monthly allowances for the maintenance of the senior citizen or parent. The Tribunal shall also direct the child or relative to pay the maintenance amount during the pendency of the original application. The Tribunal is required to make an order within 90 days from the date of service of the notice. In exceptional cases it can extend to additional 30 days.

Section 5 also states that any person having the care of senior citizen leaves or neglects in performing his duties shall be punishable with -

• imprisonment which may extend to three months or 
• fine which may extend to five thousand rupees or with both

Section 9 of Maintenance and Welfare of Parents and Senior Citizens Act 2007: Order for Maintenance

According to Section 9 of Maintenance and Welfare of Parents and Senior Citizens Act 2007 if children or relatives neglect or refuse to maintain a senior citizen who is unable to support themselves. The Tribunal may issue an order directing children or relatives to provide a monthly allowance for the maintenance of the senior citizen. The amount of allowance will be determined by the Tribunal as deemed appropriate. The maximum maintenance allowance that the Tribunal can order is subject to regulations as prescribed by the State Government and shall not exceed ten thousand rupees per month.

Section 19 of Maintenance and Welfare of Parents and Senior Citizens Act 2007: Establishment of Old Age Homes

According to Section 19 of Maintenance and Welfare of Parents and Senior Citizens Act 2007 the State Government can establish old age homes in accessible locations beginning with at least one in each district to house a minimum of 150 senior citizens. The State Government can also create guidelines for managing these homes, which will include standards and services for medical care and entertainment for the residents.

Section 20 of Maintenance and Welfare of Parents and Senior Citizens Act 2007: Medical Support for Senior Citizens

According to Section 20 of Maintenance and Welfare of Parents and Senior Citizens Act 2007 the State Government shall ensure the following medical support for senior citizens-

• Government hospitals or hospitals controlled or partially funded by the Government will provide beds for all senior citizens.
• Separate queues will be arranged for senior citizens to reduce waiting times.
• Facilities for treating chronic, terminal and degenerative diseases will be expanded for senior citizens.
• Research activities focused on chronic diseases affecting the elderly.
• Every district hospital will have facilities for treating geriatric patients led by a medical officer experienced in the field.

Section 21 of Maintenance and Welfare of Parents and Senior Citizens Act 2007: Measures

According to Section 21 of Maintenance and Welfare of Parents and Senior Citizens Act 2007 the Government shall take all necessary measures to ensure-

1. The provisions of the Act are widely publicised through public media including television, radio and print at regular intervals.
2. Central and State Government officers, including police and judicial service members, receive periodic training to raise awareness about issues.
3. Effective coordination among the services provided by the relevant Ministries or Departments dealing with law, home affairs, health and welfare to address the welfare of senior citizens.

Judgements on Maintenance and Welfare of Parents and Senior Citizens Act 2007

The Maintenance and Welfare of Parents and Senior Citizens Act 2007, has been the subject of several important judicial interpretations, reinforcing the protection and rights of senior citizens. The following are some of the important cases related to the Act:

Justice Shanti Sarup Dewan vs Union Territory (2013)

In Justice Shanti Sarup Dewan vs Union Territory, the Punjab & Haryana High Court highlighted that the Maintenance and Welfare of Parents and Senior Citizens Act 2007 is not limited to maintenance but also ensures protection of senior citizens life and property. It ordered the Chandigarh administration to implement proper rules under Section 32 to enforce these protections, especially when legal heirs act unreasonably.

Balbir Kaur vs Presiding Officer-cum-SDM (2015)

In Balbir Kaur vs Presiding Officer-cum-SDM, the Punjab & Haryana High Court explained that Chapter II of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 deals with maintenance for parents and senior citizens whereas Chapter V which covers protection of life and property applies only to senior citizens.

Dr. Ashwani Kumar vs Union of India & Ors. (2018)

In Dr. Ashwani Kumar vs Union of India & Ors., the Supreme Court highlighted the integrated programme for senior citizens. It noted the rising elderly population in India from 1.98 crore in 1951 to a projected 14.3 crore in 2021. The programme aims to enhance seniors’ quality of life by providing essentials like shelter, food, medical care and entertainment along with grants to maintain senior homes. The Apex Court also referred to Section 20 of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 which mandates government hospitals to provide beds and medical facilities to all senior citizens.

Simrat Randhawa vs State of Punjab (2020)

In the case of Simrat Randhawa vs State of Punjab, the Punjab & Haryana High Court stated that the state government is required to formulate a comprehensive action plan to ensure the protection of the life and property of senior citizens. According to Section 2(e) the term “prescribed” refers to rules established by the state government under the Maintenance and Welfare of Parents and Senior Citizens Act 2007.

Ritika Prashant Jasani vs Anjana Niranjan Jasani (2021)

In Ritika Prashant Jasani vs Anjana Niranjan Jasani, the Division Bench of Ujjal Bhyan and Madhav J. Jamdar, JJ., explained the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 and elaborated on the concept of a shared household as protected under Section 17 of the Protection of Women from Domestic Violence Act, 2005. The case was then remanded back to the Tribunal for further consideration.

Kirti v. Renu Anand (2024)

In Kirti v. Renu Anand (2024) the Delhi High Court held that an order passed by the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, is amenable to judicial review under Article 226 of the Constitution as it involves quasi-judicial functions. The Court rejected the preliminary objection to the maintainability of a Letters Patent Appeal (LPA) and explained that such tribunal orders can be challenged under both Articles 226 and 227. It reinstated the appeal filed by the legal heir of the deceased senior citizen whose application under Section 23 for cancellation of a gift deed had been set aside earlier.

Dilip Marmat v. Collector (2025)

In Dilip Marmat v. Collector, the Madhya Pradesh High Court upheld an eviction order passed under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, to protect the senior citizen’s right to peaceful living. The appellant, son-in-law of Respondent 3, continued occupying the property after his wife's death, despite allegations of nuisance and lack of care. Although he claimed he was not liable under the Act, the Court interpreted Section 2(a) of MWPSC Act 2007 broadly to include him. It found the senior citizen’s need for the property genuine and ruled that eviction under Section 23 was justified. The appellant was directed to vacate within 30 days.

Urmila Dixit vs Sunil Sharan Dixit (2025)

The 2- Judge Bench of the Supreme Court comprising Justice Sanjay Karol and Justice C.T. Ravikumar in Urmila Dixit vs Sunil Sharan Dixit ruled that Tribunals under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 have the power to order eviction and transfer of possession of property to uphold the objectives of the Act. The Court overturned the decision of the High Court of Madhya Pradesh and highlighted the liberal interpretation of the Maintenance and Welfare of the Parents and Senior Citizens Act.

Conclusion

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, represents an important effort to ensure the dignity, security and well-being of senior citizens. The Act addresses critical issues such as financial support, healthcare access and the prevention of neglect and abuse. The Act places responsibility on children and relatives by fostering a culture of respect and care for the elderly. It serves as a vital mechanism for protecting the rights of senior citizens with provisions for maintenance claims, the establishment of old age homes and dedicated medical support.