In what ways do you believe the Transgender Persons (Protection of Rights) Act 2019’s provisions fall short of the high standards set by the Supreme Court’s progressive rulings throughout the years in this area?
As per the report “Caring for Our Elders” by UNFPA India’s old age population( above 60) would grow from 8.6% in 2011 to 19% ( around 300 million) by 2050. This means India has to ensure healthy ageing with policy measures during this current beneficial period of demographic dividend. Social securitRead more
As per the report “Caring for Our Elders” by UNFPA India’s old age population( above 60) would grow from 8.6% in 2011 to 19% ( around 300 million) by 2050. This means India has to ensure healthy ageing with policy measures during this current beneficial period of demographic dividend. Social security could be said as the legislative or executive measure to support the vulnerable sections of society and is enshrined in Indian Directive Principles of State policy. Article 41 explicitly mentions the need to provide public assistance to the old age. Various initiatives have been taken to provide social security to the Indian senior citizens especially during this period of more Nuclear family and rural-Urban migration.
Major Schemes For Senior Citizens
- Integrated Programme for older persons (IPOP) :Improve the quality of life of the Older Persons & capacity building of Government / NGOs / PRIs etc.
- Indira Gandhi National Old Age Pension Scheme (IGNOAPS) :Part of National Social Assistance Programme (NSAP) – Provision of Rs.200/month for age 60-79 & Rs.500/month for age 80 & above.
- Rashtriya Vayoshri Yojana (RVY) : Provision of aids and assistive living devices are provided to senior citizens belonging to BPL category.
- Varishtha Pension Bima Yojana ( (PMVVY): Varishtha Pension Bima Yojana (VPBY) is a scheme for the benefit of senior citizens aged 60 years and above. The scheme provides pension in the form of immediate annuity during the lifetime of the pensioner with the return of purchase price to the family/nominee on his/her death. Another variant of the old-age pension scheme is Pradhan Mantri Vaya Vandana Yojana, which provides an assured rate of return to senior citizens who are 60 and above.
- National Programme for the Health Care of Elderly (NPHCE) :To provide dedicated health facilities in district hospitals, community health centres (CHC), PHC etc.
- Senior Citizens’ Welfare Fund (SCWF): It has been established under the Finance Act, 2015, to be utilized for such schemes for the promotion of the welfare of senior citizens, in line with the National Policy on Older Persons.
- Legislations like Maintenance and Welfare of Parents and Senior Citizens Act(MWPSC), 2007, which was enacted to provide financial security, welfare and protection for senior citizens. It requires children to provide maintenance for their parents, and the government to provide old age homes and ensure medical care for senior citizens.
Many of these schemes have improved the social perception about the need for senior citizen welfare. Also, schemes like IPOP have created an integrated chain of old-age care homes and NGO groupings across India. Creation of SCWF has allowed the utilization of unclaimed deposits of Public Provident Fund for senior citizens welfare. But despite these many schemes the social security of senior citizens in India is well below what’s needed and very much in the nascent stage.
Social Security Of Senior Citizens In Nascent Stage
A recent survey by Agewell Research and Advocacy Centre for the United Nations showed that around 51% of respondents were not satisfied with the overall status of social security schemes for the elderly in India. Around 53% of the elderly find it difficult in utilizing the social security schemes and 79% found these are not sufficient to meet their basic needs, which shows the amateur approach of addressing the old age population.
- Insufficient Support: The allocation of IGNOAPS of Rs.200/500/month is highly underrated considering the inflation across period and living conditions.
- The Ministry of Social Justice : Which is the nodal ministry for senior citizen welfare is one among the ministries whose funds are most underutilised. Despite very less budgetary allocations compared to other ministries, the Parliamentary Standing Committee on Social Justice and Empowerment recently found the ministry spending only 66.58 per cent of the funds allocated.
- Urban Bias in schemes: Most old age schemes are oriented to urban areas, as the old age homes are spread across urban areas. This is despite more than 65% population living in rural areas.
- Poor palliative set up in hospitals: The ideals mentioned in schemes like National Programme for the Health Care of Elderly (NPHCE) are poorly implemented in the grassroots level. Poor infrastructure facilities in rural hospitals offer no respite to old age.
- Not addressing the “ Feminisation” of old age: Most of the schemes are gender-neutral and this marginalises the increasing female old age population.
- Bureaucratisation of schemes: Despite initiating reforms like Aadhaar enabled Bank accounts, DBT through JAM trinity, there are many cases of exclusion of old age due to complex procedures. For example, an instance of a woman in Odisha pulling her paralyzed mother in a cot to the bank to verify her account.
- Generic medical facilities: Not addressing the rising Non Communicable diseases among old age population.
- Rising Mental issues and social isolation are addressed in policy spheres. Most of the policy documents are silent on the aspect of utilising the rich experience of the old age population.
- Randomisation of selections of scheme beneficiary: Most of the schemes like RVY are appropriated by the well to do category .
- Lack of awareness of schemes: Most of the rural citizens are only aware of the IGNOAPS and not of any other rights like MWPSC Act and other benefits.
- Schemes not tailored for suiting the illiterate and non-technocratic masses.
- By the end of the 2050s, India’s beneficial demographic dividend will be closing and the rising old age population will be a reality. This category of citizens needs a holistic policy with visionary guidelines and sufficient funding to make our governance structure ready for it. States like Kerala, Tamilnadu which have good rural and primary health facilities are initiating coordinated Geriatric care which is a welcome initiative.
There needs to be a re-modelling of existing schemes and laws. Old age welfare by social security should not be accorded a peripheral position in the governance sphere and a Centre-state continuous discussion forum is needed. Recent amendments to Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019 is a welcome initiative.
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The fight of transgenders for equal rights is decades old in India. After some consecutive judgements government of India tried to legislate a Bill on transgender rights. Earlier a Bill was drafted in 2016. It had many controversial provisions, therefore it failed to pass in Parliament. Recently, thRead more
The fight of transgenders for equal rights is decades old in India. After some consecutive judgements government of India tried to legislate a Bill on transgender rights. Earlier a Bill was drafted in 2016. It had many controversial provisions, therefore it failed to pass in Parliament. Recently, the government brought another bill removing some of the earlier controversial provisions, and this bill successfully passed on the floor of Rajya Sabha. A critical analysis of the bill shows that this bill does not comply with many of the guidelines suggested under various judgements of the Supreme Court as well as some of the progressive High Courts judgements.
Judgments Over The Years
Bill Fails On Expectations
Bill Does Not Fail On Expectations
The Transgender Bill includes several progressive provisions as guided by the Supreme Court in various judgements. Some of these provisions are as follows;
The battle for equality and recognition for the transgenders has been long and still ongoing. However, judicial recognition to address rights and provide remedies matters for the project of equality and dignity. The Transgender Bill has many flaws and provisions against the guidelines given in many judgements. Our Parliament must not let down the community that fought for their rights for decades. Transgender people in India should be able to live with dignity and non-discrimination, and have equal access to education, employment, and health services.
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