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July to September 2025 Article ID: NSS9419 Impact Factor:8.05 Cite Score:118 Download: 14 DOI: https://doi.org/ View PDf
Judicial Approach to Elder Persons’ Rights in India: A Study
Mr. Ankit Khare
Research Scholar, Maharaja Chhatrasal Bundelkhand University, Chhatarpur (M.P.)Dr. Rajat Kumar Satpathy
Principal, Pt. Motilal Nehru Law College, Chhatarpur (M.P.)
Abstract: The
protection of elder persons’ rights has become a critical subject in India’s
socio-legal landscape due to rapid demographic ageing, changing family
structures, and increasing vulnerabilities faced by older adults. While
legislative frameworks such as the Maintenance and Welfare of Parents and
Senior Citizens Act, 2007 attempt to address some of these concerns, the
judiciary has emerged as a significant actor in enlarging the scope of elder
rights through progressive interpretation of constitutional guarantees and
statutory mandates. This paper examines the judicial approach to elder persons’
rights in India, tracing landmark judgments, thematic trends, doctrinal
evolutions, and the judiciary’s role in filling policy gaps. It argues that
Indian courts have consistently upheld dignity, protection, welfare, and social
security for the elderly, but challenges remain in enforcement, administrative
efficiency, and the actual realization of rights on the ground.
