Sunday, March 25, 2012

MWPSCA and Kolkata Elder Abuse

Lonely in the last days 


KOLKATA: Eighty-year-old Swarnalata Chandastares wistfully out of the window of her 'home' on NSC Bose Road. It is almost lunchtime. The day has stretched on oppressively, in silence. Now, it's finally time to chat with her roommates over food. She puts on a smile and steps out of the dormitory. 

"It has been six to seven years since I was admitted here," she says, unwittingly using the word "admitted" , as if it were a hospital or prison. She has no hope for release though. "I used to live in Belur in a flat bought by my husband. He is no more, he passed away in 1984. We used to live together - myself, my son, daughter-in-law and two granddaughters. But the flat is very small. The kids are growing up, too. I had to come here. Though my husband had purchased the flat, it's all right... I don't mind living in an old-age home now. A mother wants the best for the children, and he is my only son. I am not complaining," Chanda says, the glint of tears in her eyes. 

Most elderly people at 'Navanir' , like Swarnalata , don't complain. Not unless they face the worst kind of abuse and have to take resort to the law. Or are dragged into the legal procedure like Salt Lake's Iva Basu. Her sons moved court claiming their father had left the property to them and left nothing for their mother. 

Last Monday, Justice Somen Sen asked Basu what she wanted. All the elderly lady managed to say was that she wanted to live the rest of her life in dignity. Calcutta high court is yet to give the final verdict, but Justice Sen has already said that Iva Basu can stay in whichever portion of the house she wants to. The court will fix the quantum of maintenance the sons have to pay their mother. 

Basu and Chanda are pointers to the growing number of lonely elders. Every year, thousands of cases are reported of elderly men and women not looked after by their children. Statistics show that abuse against the elderly is also increasing. In a shocking revelation, Kolkata tops the country in cases of physical abuse of parents (44%). It busts the myth that people in the culture-conscious city live in close knit families and are very respectful to their parents. 

There are 2,000 cases every year in Bengal where elderly men and women lodge complaints against their children for physical abuse, on being driven out of their own homes or of being deprived of basic needs. The main tussle being property. 

There was a spurt in such cases around 2005-2007 . According to lawyer Uday Chatterjee, the high court had expressed serious concern on the issue. Subsequently, the Maintenance and Welfare of Parents and Senior Citizens Act 2007 was passed, and this empowered sub-divisional officers (SDOs) to handle such cases. The SDO was made chairperson of the tribunal of each subdivision. Since then such cases have flooded SDOs. Cases per district have increased from 60 to 70 per year to 125 to 150 since 2009. Which easily makes it an average of 2,000 cases a year. 

District social welfare officers say that the trend is constantly on the rise. "It is increasing by alarming proportions. This is the situation when most elderly people are not even aware of the laws that protect them," said an official. 

Alipore SDO Tanveer Afzal says that the complainants mostly belong to the middle class. "All that the elderly parents demand are basic dignity, food and medicine. The demands are not very high, but even these are not fulfilled by their children, and it is with great pain that they come to us," Afzal said. "They have to overcome the social stigma also. Who wants to complain against their own children?" 

According to the Act, the state government was asked to form tribunals in each subdivision with the powers of a civil court. If children neglect or refuse to maintain a senior citizen , the tribunal may order them to provide a monthly allowance up to Rs 10,000. 

South 24-Parganas district magistrate Narayan Swaroop Nigam has dealt with nearly 10 appeals a year against SDO orders to take care of elderly parents. In many instances children have left their parents and gone abroad. "We write letters to them asking them to send maintenance, but there is always the practical difficulty of keeping the process going smoothly if their children live in other countries," Nigam said. 

It is true that property disputes are rising sharply, said lawyer Jayanta Chatterjee. Cases still end up in high court, mostly when police refuse to act. "Just three months ago, there was a case of parents being thrown out of the house by their son due to property issues. There was police inaction, and the elderly couple had to move court," said lawyer Rajib Chakraborty

According to HelpAge India, 40.2% of the elderly feel disrespected, followed by economic abuse, emotional and physical abuse. Susmita Ghose, national director (east and north) of HelpAge India, feels that the breakdown of the traditional joint family system into nuclear families triggered a lot of issues. "The definition of family unit has changed too. The elderly are neglected or left alone and therefore go into isolation . This is because the bread earners migrate elsewhere for their livelihood," Ghose said. 

Aloka Mitra, secretary of Navanir, said that there were many instances of women found on the streets who were given shelter at the home. "Once, a daughter rescued her mother from her sons who were abusing her physically ," Mitra said. 

There are those like 92-year-old Parul Mukherjee, who moved to an old age home after years of insult and agony. Her husband and son died years ago, and she brought up her nephews only to be told by them that she does not get anything of the family property. "I landed up here. There were times when they (my relatives) thought I would die and would possibly be relieved, but I tricked them and stayed alive," she says, anguish and scorn dripping from her toothless grin. 

Alone And Helpless 

* 40.2% elderly have been disrespected, followed by verbal abuse (37.8%), neglect, economic abuse (28.2%), emotional abuse (25.8%) and physical abuse (14.1%) * Sons and daughters-in-law are the major abusers * In Kolkata 44% of the elderly have faced abuse. (Bhopal highest at 79.3%, followed by Chennai 59%, Delhi has the lowest 15.4%) * Physical abuse was the highest in Kolkata (22.8%), followed by Hyderabad (21.7%), Mumbai (21%) and Ahmedabad (20%) compared to other cities. * 53.4% elderly took no action when faced with abuse and 25.5% elderly prefer to discuss it with family or community to resolve matters. * The reasons for taking no action against abuser were mainly the belief that nothing concrete will happen, a sense of shame in the community, followed by fear of further abuse. * 44% elders consider "neglect" a form of abuse. They say that family members are too preoccupied with their own lives and work. * Nearly 50% elders live with their sons * The main context of abuse was property (35.4%). The percentage of elderly who owned property was highest in Delhi (68.3%), Patna (68%), andBhopal (62.1%). The main source of income for most elderly was their pension (45%) with Delhi once again topping the list with 62%. * Nearly one-third each of the elderly reported facing abuse because of lack of emotional support (30%) and lack of basic necessities (29%). * 67% elderly are unaware of the existing laws to protect them * 61% elderly in Kolkata are financially dependent on others * Most of those aged over 80 were financially dependent on others and also the most abused

Sourced by Sri VRV Rao


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