A socio-legal analysis of elder care laws in India

Dey, Deblina (2020) A socio-legal analysis of elder care laws in India. Theoretical Inquiries in Law, 21 (1). pp. 77-102. ISSN 15653404

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The article analyse the relevant laws and discuss the nature of complaints lodged by elderly parents at the Maintenance Tribunal in Kolkata (India). The nature of intergenerational disputes and the way they are dealt with by the Tribunal highlight the law’s inability to imagine a world of needs beyond the economic needs of survival. Despite a few positive measures, the law presently falls short of interpreting the social ‘needs’ of belongingness, retaining authority and a position of importance in the family, a set of needs that often remain unspoken and are therefore disregarded by the law’s agent (the Tribunal judge in this case). I argue that in the process of translating the ‘needs’ of older persons into ‘rights’ through the application of the law, justice is disserved.

Item Type: Article
Keywords: Elderly Parents | Maintenance Tribunal- Kolkata
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 30 Dec 2021 09:57
Last Modified: 30 Dec 2021 09:57
Official URL: https://doi.org/10.1515/til-2020-0005
URI: https://pure.jgu.edu.in/id/eprint/473


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