EVERY year since 2006, there starts a month long observance of the World Elder Abuse Awareness Day (WEAAD), officially marked as 15 June. This year the observance had special significance for all involved with ageing issues, especially those combating the menace of elder abuse. It is during the first United Nations celebration of WEAAD at the 89th plenary meeting of the UN General Assembly (19 December 2011 Resolution 66/127, para. 21), it was decided to involve all Member States, organizations of the United Nations system, other international and regional organizations, as well as civil society, including NGOs and individuals, to observe the day in an appropriate manner. While in New York, UN Secretary General Ban Ki-moon reaffirmed that human rights of older persons are as absolute as those of other human beings, in India, very aptly, the UN Resident Coordinator, a.i. Frederika Meijer inaugurated observance of WEAAD in a programme organised by United Nations Information Centre, United Nations Population Fund and Development, Welfare & Research Foundation, a national voluntary organisation, which stressed elder abuse as an unacceptable attack on human dignity and human rights. The students, young adults, middle aged and the old voiced their concerns for ignoring the rights of the older people. Lack of well defined rights, laws and action plans make the senior citizens vulnerable to the risk of abuse, neglect, exploitation and marginalisation, was the conclusion.
Vulnerability
Reviewing the recent HelpAge report on elder abuse crime in India, I see a clear violation of rights of older people, more so of women by the family members. What is also striking is the ignorance of the older people about their right to life of dignity, respect and protection. This is not only an Indian phenomena or an Asian one but rather cuts across all nations. World Health Organization statistics reveal around 4 to 6 per cent of older people have experienced some form of maltreatment at home and the number is much higher in institutional settings. But, there is also acknowledgement by gerontologists and age care workers that elder abuse is often unreported and under recognised in Asian countries. The crux of the problem lies in the fact that many older people do not enjoy fundamental human freedom and rights, even though human rights mechanisms identify older men and women at greater risk of human rights violations. They require specific measures of protection. In countries across the globe senior citizens can be divided into two categories; those who are in good health and have economic and emotional security, and those who do not have adequate means of support, are deprived of social and health care, exploited financially and psychologically. Unfortunately, the latter are in majority and are among the most vulnerable, marginalised and unprotected. Yet, seldom are there any effective preventive strategies to reduce the risk of abuse for them, nor are there strong laws and policies to address these concerns.
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Implementation- a problem
The 21st century, on the one hand, has led to the positive development in many countries in terms of formulation of legislations to protect older people from abuse. On the other hand, despite the right based perspective in legal reforms, the rights based action in implementing measures is missing. Most national legal systems stipulate punishment for the perpetrators of elder abuse, but have no adequate legal instruments to detect and report abuse of different forms and more importantly to rehabilitate the victims of abuse. In many Asian countries in particular, legislations deal more with getting just the maintenance money from family members, though they aspire to have inclusive policies for all sections of the population, including the elderly. During the last decade China, Thailand like India and even small countries like Nepal, Philippines, Singapore and Vietnam have adopted a special Act at legislative level, as an enforceable legal instrument to address elder abuse. These Acts combine provisions on family support and state responsibility through social welfare. Review of the use of the Act in different countries carried out to create enabling environments for older people to enable them a life of dignity and respect found huge gaps in implementation. Significantly, they found when older people report a case of maltreatment, abuse, neglect or violence against their own children, legal recourse helps in getting a monetary sum from children for meeting their daily financial needs, but overlooks their consequent state of loneliness, lack of available care givers, threat of emotional insecurity, depression and break down after estrangement with children.
Growing number of suicides
Rights based mechanism to provide comprehensive support to victims of abuse and neglect, is missing from national action plans. No wonder in our country the rate of suicide among the old is increasing, Kerala with the highest population of the ageing is an appropriate example of this scenario. In fact the world statistics state that the highest rate of suicide occurs among persons aged 65 and older.
The Maintenance and Welfare of Parents and Senior Citizens Act (2007) in India, which provides a framework for welfare, security, and protection to senior citizens, has till now not been notified in all the states and union territories of the country. The 21 states where it has been notified, not all the state governments have taken the five steps required for its implementation, namely; must notify the Act, frame rules for the Act, appoint maintenance tribunals, appoint maintenance officers and appoint appellate tribunals. Only five states have taken care of all the five steps. Further, like in Europe, elder abuse in India is also addressed by legislation on domestic violence, but notwithstanding the fact that older women in particular, who lack alternative provisions for their support are reluctant to use this legal instrument to safeguard themselves for a life of dignity, despite their right to it.
Do laws favour the young?
The debate began with Section 498- A, which though, was framed to save young women from dowry harassment, victimised many elderly people in the process. There is growing empirical evidence of the misuse of the Dowry Act and a strong movement is emerging asking for amendment to the Act which does not violate the rights of older persons and does not victimise them. Incidentally the Home Ministry has directed the Law Commission of India to consider amendments to Section 498-A of Indian Penal Code. The Law Commission has published a Consultation Paper-cum-Questionnaire regarding Section 498-A of IPC on its website (www. lawcommissionofindia.nic.in).
In the last few years, international conventions adopted by UN Member States have addressed the issue of rights for other specific vulnerable population groups, such as women, children, persons with disabilities, migrant workers, and others. But all the continents have not united to call for a convention on the rights of older persons. There is an opinion among certain groups that the existent conventions protect certain vulnerabilities of the people in old age, such as of older women and disabled elderly. What needs to be stressed is that without a Convention for Rights of Older People, vulnerabilities and risks to abuse and neglect of older population will continue. Particularly of those who are denied geriatric health care, dementia care, facilities for their recreation and leisure, standards for provision of services, universal pensions, and social assistance etc.
They have diverse needs
Entitlements of older persons should not be just on the basis of being a destitute and disadvantaged, but as an ageing person with diverse needs to maintain an adequate standard of living. There is need for hard legal instruments to appropriately monitor and regularise the implementation of policies and programmes. Madrid Plan of Action on Ageing to which many countries are adhering in planning for fast increasing numbers of older people is more of a soft law, a statement of intention. What is required in Asia, and for influential countries like India and China, is to take a lead in establishing a protocol on older people’s right and work comprehensively on developing human rights instrument for older people as has been done by developing countries like Argentina, Brazil, Chile and others who are part of the Inter-American Regional Convention on the rights of older people. It is also being done by the European and African countries. We should not be left behind in combating elder abuse, in all its forms
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