Journal of Advances in Developmental Research

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Volume 17 Issue 2
2026

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Justice for the Aging: Evaluating Statutory and Institutional Protections for Senior Citizens in India

Author(s) Dr. Shashi Nath Mandal
Country India
Abstract In India's evolving social fabric, senior citizens constitute a vital and rapidly expanding demographic. Driven by medical advancements, declining fertility rates, and extended life expectancies, India's elderly population has experienced unprecedented growth, shifting elder care from an informal familial duty to an urgent constitutional, statutory, and human rights imperative. This article presents a rigorous socio-legal analysis of the protection mechanisms available to senior citizens in India against neglect, abuse, economic disenfranchisement, and abandonment. It examines the foundational constitutional guarantees under Articles 21, 41, and 46, and investigates the structural efficacy of primary statutes, notably the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, procedural protections under the Bharatiya Nagarik Suraksha Sanhita, 2023, and personal laws such as the Hindu Adoption and Maintenance Act, 1956. The paper critically examines landmark jurisprudence, notably Urmila Dixit v. Sunil Saran Dixit, regarding the voiding of conditional property transfers and eviction of abusive kin under Section 23. Furthermore, the study evaluates the operational reach of executive welfare frameworks—including the National Policy on Older Persons, Atal Vayo Abhyudaya Yojana, Rashtriya Vayoshri Yojana, the Senior Citizens Savings Scheme, and the universal health coverage for citizens aged 70 and above under Ayushman Bharat PM-JAY. Identifying enforcement bottlenecks, digital divides, and infrastructural deficits, the article proposes an integrated multi-stakeholder roadmap aligned with international instruments, such as the Madrid International Plan of Action on Ageing and the UN Decade of Healthy Ageing (2021–2030), to safeguard the dignity, autonomy, and security of India's ageing demographic.
Keywords Elder Person, Elderly Rights, Senior Citizens, Ageing, Human Rights, Maintenance Act 2007, Constitutional Dignity, Social Welfare, Geriatric Care, Ayushman Bharat PM-JAY.
Published In Volume 17, Issue 2, July-December 2026
Published On 2026-07-08
DOI https://doi.org/10.71097/IJAIDR.v17.i2.2182
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Crossref DOI prefix of IJAIDR is 10.71097/IJAIDR

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