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Why India needs better elderly protection law?

India's elderly population is projected to reach around 230 million by 2036, accounting for about 15 per cent of the total population

India's elderly population is growing rapidly. It is projected to reach around 230 million by 2036, accounting for about 15 per cent of the total population — more than double the 100 million recorded in 2011. This demographic shift is accompanied by rising cases of neglect and abandonment. A 2024 HelpAge India study found that 7 per cent of surveyed elderly reported abuse, with sons (42 per cent) and daughters-in-law (28 per cent) as the primary perpetrators. Abandonment and elder abuse have increased due to urbanisation, migration of children, and weakening intergenerational bonds, with financially dependent and illiterate seniors particularly vulnerable.

To address this issue, the Telangana Legislative Assembly, on March 29, passed the Telangana Employees Accountability and Monitoring of Parental Support Act, 2026. The law proposes time-bound redressal and justice for the elderly who are neglected by their children. It is the second such legislation in the country, after Assam's PRANAM Act, 2017. The Telangana law enables dependent parents to seek financial support through salary deductions from employed children in cases of proven neglect. It covers more than 10.5 lakh state government and private-sector employees, as well as elected representatives — including MLAs, MPs, and local body members — in Telangana.

Under the Act, a dependent parent may file a written application with the District Collector, who is designated as the primary authority. The application must outline the reasons for seeking support and disclose the parent's income sources. The Collector conducts an inquiry, hearing both the parent and the employee, and must dispose of the petition within 60 days. If neglect is established, the order mandates a deduction of up to 15 per cent of the employee's gross monthly salary or Rs 10,000, whichever is lower. The amount is transferred directly to the parent's bank account, providing immediate relief.

The law also provides that if parents have no sons, employed daughters must support them. In the event of a son's demise, the employed daughter-in-law shall provide financial support. If the daughter-in-law is not employed, a portion of the deceased son's assets shall be distributed to the parents. Employers in both public and private sectors are required to implement the deduction, and non-compliance attracts penalties. Rejected applications, or cases not disposed of within 60 days, may be appealed to the Senior Citizens Commission within 45 days. This time-bound administrative mechanism offers faster redress than traditional litigation. However, parents with independent income cannot invoke this law against their children.

Telangana's law builds on Assam's PRANAM Act, 2017. Assam's law introduced salary deductions for state government employees to support dependent parents and differently abled siblings via a dedicated commission. In contrast, Telangana's law is broader: it applies to the private sector and elected representatives, but focuses solely on parental support and imposes a strict district-level timeline.

The Union Government's Maintenance and Welfare of Parents and Senior Citizens Act, 2007 establishes a national legal framework, while individual states are responsible for implementation. Under this Act, parents can approach Maintenance Tribunals, which are required to decide cases within 90 days. Tribunal orders are enforceable as civil decrees and carry penalties for non-compliance. Despite this, implementation varies: some states delayed tribunal setup, and procedural issues — such as adjournments, staff shortages, and enforcement inefficiencies — often extend case timelines beyond 90 days. The Act does not provide for automatic salary deductions, so parents may need to initiate additional execution proceedings. Appeals can move to higher courts, resulting in prolonged hardship for elderly petitioners who are often in their seventies or eighties.

Reports highlight that while the 2007 Act created a legal right, the absence of strong administrative enforcement and monitoring has reduced its effectiveness. Social stigma and low awareness further discourage many senior citizens from filing claims. Telangana's approach addresses these shortcomings by shifting routine claims to district authorities with direct payroll intervention. While introducing the Bill in the Assembly, Chief Minister A. Revanth Reddy noted that the central law exists, yet neglect continues — necessitating stronger mechanisms for salaried employees. The law aims to enforce accountability while reinforcing family responsibilities.

Experts see Telangana's model as a template for national reform. By amending the 2007 Act, the Centre could establish a National Senior Citizens Redressal Authority to set standards and monitor states. District-level Redressal Boards, headed by Collectors, could handle complaints with a mandatory 60-day timeline. Boards could order salary deductions across public and private sectors, with direct bank transfers and employer penalties. Appeals would lie before State Senior Citizens Commissions within fixed timelines, with provisions for interim relief and digital case tracking.

The urgency of these reforms cannot be overstated. The Centre should act swiftly to amend national laws and establish robust, time-bound, and enforceable mechanisms for parental support. With India's elderly population rising rapidly, it is time to close the gap between rights and real relief. Policymakers must prioritise a practical, salary-linked system nationwide to ensure our seniors receive the protection and dignity they deserve. Such measures could create a more just and caring future for India's elders.

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