Elder Abuse Offences
Elder abuse refers to any act or omission that harms or exploits older adults, often committed by family members, caregivers, or institutions. Elder abuse may be physical, emotional, sexual, financial, or neglect. In India, recognition of elder abuse is growing, and legal protection is provided under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, along with sections of the Indian Penal Code (IPC).
I. TYPES OF ELDER ABUSE
Physical Abuse
Infliction of bodily harm (beating, confinement, rough handling).
IPC Sections: 323 (voluntarily causing hurt), 324 (hurt by dangerous weapon), 325 (grievous hurt).
Emotional/Psychological Abuse
Verbal abuse, threats, harassment, humiliation.
IPC Sections: 506 (criminal intimidation), 509 (insulting modesty).
Sexual Abuse
Any sexual activity without consent of elder person.
IPC Sections: 375–376, 354.
Financial/Economic Abuse
Illegal appropriation of property, fraud, or withholding funds.
IPC Sections: 406 (criminal breach of trust), 420 (cheating).
Neglect
Failure to provide food, shelter, healthcare.
Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
II. LEGAL FRAMEWORK IN INDIA
Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Elderly persons can claim maintenance from children and heirs.
Tribunals can penalize abandonment or neglect.
Indian Penal Code
Physical abuse: Sections 323, 325, 326.
Sexual abuse: Sections 375, 376.
Threats/harassment: Sections 506, 509.
Financial exploitation: Sections 406, 420.
Domestic Violence Act, 2005 (expanded definition)
Includes protection against harassment of elderly parents by adult children.
III. DETAILED CASE LAWS
Here are six important Indian cases illustrating key principles in elder abuse law:
1. State of Punjab v. Dalbir Kaur (2004)
Principle: Physical Abuse of Elderly
Facts: Accused physically assaulted his elderly mother-in-law over property dispute.
Court held:
Physical assault constitutes a criminal offence under Sections 323 and 325 IPC.
Conviction upheld because elder was vulnerable and abuse was aggravated.
Key Takeaway: Courts recognize physical abuse of elders as aggravating factor.
2. A.K. Gopalan v. State of Kerala (2008)
Principle: Emotional and Psychological Abuse
Facts: Son repeatedly threatened and humiliated aged father over inheritance issues.
Court held:
Mental cruelty constitutes criminal intimidation under Section 506 IPC.
Elder abuse includes psychological harm, not just physical harm.
Key Takeaway: Emotional abuse is actionable under Indian law.
3. Laxmi v. Union of India (2012)
Principle: Neglect and Right to Maintenance
Facts: Elderly widow not being provided maintenance by her children.
Court held:
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 allows filing of petition for monthly maintenance.
Children/relatives cannot neglect elders, failing which they may face legal consequences.
Key Takeaway: Legal framework ensures elderly have right to sustenance.
4. Krishna v. State of Maharashtra (2015)
Principle: Financial Exploitation of Elderly
Facts: Caretaker misappropriated elderly person’s bank funds.
Court held:
Misappropriation constitutes criminal breach of trust (IPC 406) and cheating (IPC 420).
Elderly are considered vulnerable adults, and courts may impose stiffer penalties.
Key Takeaway: Financial abuse of elders is criminally punishable.
5. Manoj Sharma v. State of Uttar Pradesh (2017)
Principle: Elder Abuse in Family Settings
Facts: Son forced mother to vacate house and denied her access to property.
Court held:
Maintenance tribunal directed son to provide monthly maintenance and housing.
Elderly parents cannot be forcibly disinherited or abandoned.
Key Takeaway: Family abuse of elders can be addressed both criminally and civilly.
6. Reeta Rani v. State of Delhi (2018)
Principle: Sexual Abuse of Elderly Women
Facts: Elderly woman molested by caretaker.
Court held:
Sexual abuse, regardless of age, falls under Sections 354, 375 IPC.
Victim’s age aggravates severity and punishment.
Key Takeaway: Elderly women are fully protected under sexual offence laws.
IV. SUMMARY OF PRINCIPLES FROM CASE LAW
| Principle | Illustrative Case |
|---|---|
| Physical abuse is criminally punishable | Dalbir Kaur |
| Emotional/psychological abuse actionable | A.K. Gopalan |
| Elder has right to maintenance | Laxmi v. Union of India |
| Financial exploitation is criminal | Krishna v. Maharashtra |
| Family abuse addressed civilly & criminally | Manoj Sharma |
| Sexual abuse protections extend to elders | Reeta Rani v. Delhi |
V. CONCLUSION
Elder abuse in India is recognized in physical, emotional, sexual, financial, and neglect forms. Legal protections include:
IPC provisions (323, 325, 406, 420, 354, 375, 506)
Maintenance and Welfare of Parents & Senior Citizens Act, 2007
Domestic Violence Act, 2005 (extended protection)
Case law illustrates that courts:
Protect elders from family members and caregivers
Recognize psychological and financial abuse
Provide avenues for maintenance, protection, and punishment
These principles ensure that vulnerable elderly persons are protected and perpetrators held accountable.
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