Housing Insecurity and Legal Advocacy for the Elderly in India

Abstract

India is going through a phase where a large portion of the population is moving towards old age. For years, in the tradition of Indian families taking care of the elderly was considered a natural responsibility, but as changes occurred in society migration towards cities increased, nuclear families replaced joint families, and the socio-economic structure transformed the sense of loneliness, neglect, and insecurity deepened in the lives of the elderly.

Today, many elderly people are not only emotionally alone but also fear whether they will be able to keep their own home or not, residential insecurity has emerged as a major challenge for them. In such a situation, it has become necessary that we understand this problem not only from a social or emotional perspective but also from a legal point of view.

This research paper is based on the interpretation and practical use of the "Maintenance and Welfare of Parents and Senior Citizens Act, 2007." It also highlights important judicial decisions given by the Supreme Court and the Delhi High Court to protect the dignity of the elderly, especially when they wish to protect their rights against their own heirs. But it is not just about laws. The real challenge is when an elderly person knocks on the door of a tribunal or court for their rights, how many procedural obstacles, delays, and mental exhaustion they have to face. This study also brings forth this practical reality.

The core objective of this article is not merely the demand for maintenance or care, but it emphasizes the need for a rights-based approach where the elderly are not just recipients of help, but are given respect, decision-making power, and legal protection.

In reality, this topic is not just a matter of policy or law, it is a test of a society's sensitivity. And this is the dialogue that must not stop now.