research paper on legal aid in india

This Council recommends to the Government to appoint a Committee whether it is desirable to give legal aid at Government cost to the poor and other deserving people who have to come before the courts of law, and if so what steps (including legislation) should be taken for giving such aid. Footnote 54

The suggestion was again placed before the Bombay Legislative Council in another Resolution in January 1949 by J H Shamsuddin, the then MLA in the Bombay Legislative Assembly with the intention of providing assistance to the deserving in all civil and criminal matters. Footnote 55

The report was important from the legal aid perspective but did not specifically target the ageing population except to observe that there was a need to bring many more classes of people within the ambit of legal aid in the future. The proposals made in the resolution were no doubt accepted by the Government of Bombay, Footnote 56 but the terms of reference set out for the Committee included only granting free legal aid for the poor and persons with limited means in all civil and criminal cases. The report was indeed elaborate while laying out the provision of legal aid at district and taluka Footnote 57 levels, to be administered in all civil, criminal, administrative, and tribunal matters. The report stressed the need for specifically providing legal aid to the backward classes by applying the ‘means test’ to determine their eligibility. Footnote 58

The report no doubt was limited, but it set the context for the future course of action to be taken with regard to granting legal aid to a wide range of categories of people. The report was the first of its kind in India, but it set the basis for the First Law Commission constituted under the aegis of M C Setalvad. The 14th Report submitted by the First Law Commission credited the Bombay Legal Aid Society for drawing the attention of the government towards the crucial task of rendering legal aid. Footnote 59 The Bombay Legal Aid Committee Report has also been highlighted as one of the most informed and detailed studies conducted in the area of legal aid. But sadly, its recommendations were not taken up on a priority basis in comparison to the Five-Year Plans. Based on the report, the Government of West Bengal set up a committee under the aegis of Sir Arthur Trevor Harris, the then Chief Justice of the High Court of Calcutta, to render recommendations for providing free legal aid to the ‘indigent’ population. Footnote 60

The First Law Commission’s 14th Report was brought out under the chairmanship of MC Setalvad with an intention to reformulate various central legislations. Footnote 61 Its report was the first comprehensive enquiry into the legal system prevalent in India after independence. The idea was to readjust the machinery of law and justice to meet the changing and growing needs of society. The report stressed the need for securing equality before the law and equal protection of the laws, and that people needed to have equal opportunity to access the courts and be adequately represented. The report was of the opinion that legal aid should also be inclusive of legal advice along the lines practised in Canada. Footnote 62 The report also drew attention towards the legal aid report brought forth in United Kingdom by the committee set up by Lord Chancellor in 1944, which had recommended that a wider income-group of people required to be included within the ambit of free legal aid, and the term ‘poor people’ needed to be replaced by ‘assisted person’. Footnote 63 The 14th Report, highlighted the responsibility of the state with regard to providing legal aid in the following words:

Legal aid is a service that the modern welfare state owes to its citizen. It is a part of the protection of the citizens’ individuality which in our modern conception of the relation between the citizen and the state can be claimed by those citizens who are too weak to protect themselves. Just as the modern state tries to protect the poorer classes against the common dangers of life such as employment, disease, old age, social oppression, etc., so it should protect them when legal difficulties arise. Footnote 64

The report opined that though the state might not be responsible for the outbreak of epidemics, for old age, or economic crisis, it had an inherent responsibility towards the law. The report was progressive and placed responsibility on the judiciary, legal profession, and the government to enact and implement laws that advanced social justice goals. The report was progressive in not only recommending including within the sweep of legal aid the marginalised sections, but also adopting an inclusive approach to treat legal aid on par with social insurance schemes for the aged. Footnote 65 The recommendations made in the 14th Law Commission Report were fully incorporated in the Legal Aid and Advice Act 1949. Until the recommendations made by the report were sought to be fully incorporated into suitable legislations and schemes, legal aid was being rendered through some voluntary organisations in the provinces of Bombay, Calcutta, and Bangalore. Footnote 66

The 6th Law Commission brought out the 48th Report under the chairmanship of P B Gajendragadkar at the instance of the Ministry of Home Affairs to bring reforms in the Code of Criminal Procedure (CrPC). Footnote 67 The report, among other issues focused on providing free legal aid to women and children, especially those seeking maintenance under Section 488 of the CrPC. The report highlighted the importance of free legal aid to the indigent, with special reference to criminal cases. It highlighted that this was a basic human right requirement stipulated under Articles 14 and 21 of the Constitution, the denial of which would be tantamount to denial of access to justice. The report also highlighted the fact that many deserving cases were left out for want of legal aid. Footnote 68 The report was crucial as it sought to introduce legal aid aspects into family matters. Footnote 69 But it did not highlight aspects of legal aid in maintenance issues pertaining to senior citizens. Only some of the recommendations of the report were incorporated into the Criminal Law (Amendment) Act 1972. Footnote 70

The Report of the Expert Committee on Legal Aid, Processual Justice to the People (1973), chaired by Justice V R Krishna Iyer, Footnote 71 was path-breaking as it recognised the need for legal aid to the indigent and disadvantaged sections of the society not only through state interventions but also highlighted the role of law schools and law students to provide free legal aid. Footnote 72 The Committee was of the opinion that legal aid was a product of the legal reform movement in India, and hence it needed to contribute to the corpus juris of the ones who truly deserved legal aid. Footnote 73 According to the report, the winds of change were inevitable through law reforms that could be ‘informed, purposeful and well-conceived’. Footnote 74 The report also highlighted the need for legal aid for the geographically disadvantaged, villagers, agricultural labourers, industrial workers, women, children, Harijans, Footnote 75 prisoners, and the minorities. But the report did not categorically include the aged. The committee opined that legal aid and legal awareness were in consonance with each other, and that it was important that the truly deserving should be entitled so that they were not played out at the hands of their opponents.

In Chap. 8 of the report, reference has been made to the need for public assistance to the aged, old age being considered as a case of ‘undeserved want’ as defined under Article 41 of the Constitution. The report highlighted the need for securing state interventions in the form of beneficial legislation and legal reforms.

The report was commendable as it included various classes of people within its sweep to be made eligible for free legal aid. The inclusion of law students as integral members of schemes to provide legal aid was recommended in this report. The Report had highlighted the inclusion of law students in legal aid schemes formulated by Gujarat Legal Aid Committee and Tamil Nadu Legal Aid Committee. Footnote 76 This was one of the first detailed reports, post India’s independence, to deal exclusively with legal aid aspects at various stages along with the states’ financial implications. Footnote 77 It was instrumental in paving the way for the establishment of the Legal Services Authority (LSA) to exclusively deal with and undertake legal aid activities at the national, state, and district levels. Footnote 78

The 128th Law Commission Report on the Cost of Litigation addressed the issue of the rising cost of litigation. Footnote 79 The intention of assigning the task to the Law Commission was to report on ‘the cost of litigation with a view to lessening the burden on the litigants.’ Footnote 80 The report highlighted that one of the major roadblocks in creating access to justice was the high cost of litigation. It stated the need for the state to bear the cost of litigation by rendering free legal aid to the deserving. Footnote 81 The report was particularly important as it recommended that the legal aid scheme be extended wherever possible. Though it did not explicitly make provisions for senior citizens, it emphasised the responsibility of the state aligned to Article 39A of the Constitution. The report highlighted that economic constraints cannot be the reason for denying access to justice. Footnote 82

The 131st Law Commission Report on the Role of the Legal Profession in Administration of Justice (1988) prepared under DA Desai highlighted the need for providing legal aid as per the constitutional mandate of Article 39A. Footnote 83 The administration of justice is strengthened by providing free legal aid to the deserving. The report stressed the need for securing ‘equal opportunities to all litigants in search of justice.’ Footnote 84 It hinted that those who were socially disabled should not be denied access to the courts of law.

Most of the State LSA have been involved in spreading awareness to the aged through distribution of printed booklets pertaining to their rights. Nevertheless, the LSA has not considered including senior citizens as a category of individuals to be entitled to free legal aid and awareness.

It would be pertinent to note that there are very limited policies for the elderly to ensure them effective access to justice and the laws. It is interesting that it is the Bill on Maintenance and Welfare of Parents and Senior Citizens 2019, to a certain extent, which mentions the need for providing more accessible and age friendly environment and other public facilities along with helpline services for senior citizens. Footnote 85 There has been sporadic effort in helping the elderly through government interventions in matters such as health and medicine, pensions, and housing, Footnote 86 while largely leaving them out of the purview of easy access to courts of law with a view to ensuring equity. Hence it is imperative that the government formulate effective strategies and make suitable inclusions for the ageing population to be entitled to free legal aid.

5 Legal aid to the aged: Case studies

The case studies presented in this section examine how senior citizens are challenged in today’s context. In order to understand the same, in-depth interviews comprising a cross-section of senior citizens were conducted. The interviews of the senior citizens are presented in the form of narratives along with expert opinions of administrative officers, civil activists, advocates, and judicial officers. An admixture of interviews of senior citizens from old age homes, single senior citizens, and senior citizens from rural and urban backgrounds has been presented herewith. The section puts forth the various vulnerabilities that senior citizens face, such as financial inability, uncertain judicial outcomes, physical and mental fragility, and, largely, the Indian social setup that deters them from approaching and seeking redressal from the courts of law. The article provides the impetus for the government to take note of the legal inadequacies with respect to senior citizens and undertake effective steps to address their issues.

5.1 Economic constraints

Economic poverty of the aged is one of the reasons why they face marginalisation. Sociologically, retirement and loss of income are major barriers for senior citizens. Further, studies have shown that adult children are still largely dependent on senior citizens financially. Footnote 87 In India, a vast majority of senior citizens are left out of the purview of receiving pension, thus making them rely on inconsistent sources of financial income to support themselves in their later years. In this regard, an elderly widowed woman was of the following opinion:

I, being the second wife of my husband, do not have children of my own. Elder wife’s children forced me to give away all my property, jewellery, silver coins, and shares of my late husband. Currently, I have moved out of the house and am staying in a rented apartment. Although I receive a pension, I am barely able to pay rent and manage my daily affairs and medicines. I was sceptical of approaching the courts as I would not have received any maintenance as I draw pension every month. Moreover, I did not want to approach the court as I did not have much faith in the law and legal systems. (RSSC01)

Senior citizens’ inability to earn, added to financial instability, is a major cause of concern for them in approaching the courts of law. They are severely handicapped because of the financial uncertainties they need to face which they are not prepared for.

Such instances are not uncommon even amongst the urban affluent senior citizens. Financial constraint is a source of challenge to even senior citizens with a sound financial background. From some of the respondents’ interview, it became clearer that parents from well-to-do backgrounds have been immediately thrown out of the house once all the property has been transferred in the children’s name. Hence, another respondent who runs an old age home had the following to say:

Most of the senior citizens have been defrauded by their children. In one such instance, senior citizens came through an NGO that provided them with legal aid. Their son used to run a chit-fund in their name and had disappeared with all the money. They were aged around 90 and above and could barely hear. The NGO had stopped providing them with legal help. There were eight criminal charges of fraud that were levelled against them. The family is well known in Bangalore as they had donated large swathes of land for the construction of temples. Hence they reach out to us and don’t have much awareness about the law. It is mostly the NGOs and police authorities that help them during such instances. (RSCA01)

Such instances reaffirm the need for financial succour from the state. The respondent in the above instance elaborated the need for the state to step in to help senior citizens deal with legal processes and institutions in an appropriate manner. The respondent further elaborated that senior citizens are unable to independently handle the situation and state intervention is paramount in such instances.

There is a need for financial support not only at the grassroots level, but also at various stages of the litigation process. It is not uncommon for senior citizens to receive legal help and remedy in the initial stages under the Maintenance Tribunal. Footnote 88 Powers are vested with the tribunals to cancel the deed that transferred the rights to the children when they did not take up the responsibility of looking after their aged parents. But the issue is problematic, when appealed because that increases the financial burden of the senior citizens. Lack of financial support remains a major roadblock in such instances. An advocate who dealt with one such matter made the following observation in this regard:

A senior citizen aged around 75 had a son aged 45 who abandoned his father after all the money and property were transferred in the son’s name. The father approached the Maintenance Tribunal. The Assistant Commissioner passed an order cancelling the gift deed made by the father to the son. The same was challenged by the son before the Hon’ble High Court. The client was referred to him via another advocate colleague. These senior citizens do not have much idea and are completely dependent on their advocates for guidance and support. Although the appeal was dismissed and upheld the Assistant Commissioner’s order, the senior citizen was put in much peril. (RSADV01)

Free legal aid and assistance ought to be given to the aged at various levels. Senior citizens can be taken advantage of when they rely completely on advocates. The above was corroborated by an Assistant Commissioner, who is also vested with the powers to act as the Presiding Officer of the Maintenance Tribunal, in the following words:

There is absolutely no interference by lawyers when the matters are before the Maintenance Tribunal. We try to ensure that 99 per cent of the cases are in favour of senior citizens, but despite that, we have witnessed that the majority of the children approach the courts after the cancellation of the registered deeds that were made by the aged parents in their favour. (RSAC01)

Hence, it is important to ensure that in such cases, where children appeal the matter, senior citizens are not incapacitated from taking the matter forward due to lack of financial support. Legal aid is also crucial in appellate matters, in order to ensure that they are not misled by some unscrupulous members of the legal profession.

With the changing social structures of the family set-up, there have been drastic changes in the relationship between parents and children. In some instances, the children are preoccupied with earning for the family while leaving the aged at home to take care of legal matters. One of the senior citizens expressed his helplessness in the following words:

I am a 70-year-old man, a widower, with a petition between my brothers and I for sharing of property. The property is still in the name of my late father and hence [I] approached the court in Chikkaballapur. I myself have been running in and out of the courts for the past five years and have been looking for a compromise now as none of my children are interested in my affairs. I have failing health and mostly stay in temples. I have no one to even accompany me to visit the courts as well. Advocates do not say anything, and we are left at their mercy in our twilight years. (RSSC02)

The changing dynamics of the familial set-up have further isolated senior citizens. As a consequence, there is a genuine need for legal assistance.

The problem is even more persistent in semi-urban and rural areas, compounded by the fact that the elderly need to travel to talukas for hearing of the petitions and to the nearest towns and cities, especially in appellate matters. In such cases, the senior citizens are dependent on the younger generation for commuting as well as for financial considerations to visit the courts for the hearings. Narrating one such instance, a senior citizen recounted his ordeal as follows:

I am a 65-year-old and have three cases pending before various forums in Chikkaballapur and Gauribidanur. One case pertains to Easementary rights, which has been going on since 2017, and at the evidence stage; the second case pertains to a property dispute between my wife with her siblings; and the third case pertains to the division of property between my brothers and me. My son resides in Bangalore while my daughter is married. It is becoming expensive by the day to deal with all three cases. (RSSC03)

The above instance connotes the need for an active response from the state with regard to allocating fixed financial resources, to entail the class of senior citizens to be made eligible for availing of free legal aid and services. The problem of financial assistance is pervasive when it comes to senior citizens. Hence it is time that the state becomes serious with regard to the issue to ensure access to justice.

5.2 Judicial intervention: Lack of early disposal of cases

The Indian judiciary is saddled with cases, and despite so many years of independence, it grapples with mounting numbers of cases. The judiciary is facing an uphill task in responding to the increasing volume of cases. Footnote 89 India’s Law Commission reports have time and again highlighted this issue since the year 1964. The surging cases and the inability of the judiciary to dispose of the matter has shaken the trust of the common man. Footnote 90 In particular, civil justice in India is very slow, and the rate of case disposal is still very low. Footnote 91 Such delays have a visible impact, especially on senior citizens, as evidenced below.

I did not feel like approaching the court to fight for my rights after my son, daughter-in-law, and two daughters did not take care of me. I did not have much faith in the judiciary. I did consult my niece, who is a lawyer, and she too said that there would be a delay in the courts. I did not want to risk at this age approaching a court. My niece did help me with all the legal advice, but for how long could I be dependent on her, even if I approached the court. Maybe I would have been comfortable if I had received any help from the government. (RSSC03)

Time is a crucial factor for senior citizens, whereby they look for early disposal of cases. They are mostly at a stage where they wish to secure the rest of their life and live comfortably. They do not wish to spend the rest of their years in a court of law. Most of the interviewees strongly believed that they were better off without approaching the court and that it was a futile exercise. Some of them opined that they were uncertain if they would even be alive by the time the judgment was delivered by the courts.

Respondent RSSC03 said that since he suffered from depression from the fact that he was living alone, he could not bear the thought of approaching the court and falling victim in the hands of the law and legal system. Inordinate delay in the court procedures has compelled senior citizens at various stages to suffer silently rather than approach a court of law.

A social activist, involved in ensuring that senior citizens are rehabilitated in old age homes, observed that senior citizens in cases of abuse reach out to the Old Age Help Line, where they are counselled and sent to organisations that take care of them. The National Helpline for Senior Citizens is an initiative of the Ministry of Social Justice and Empowerment, Government of India. Footnote 92 There is unwillingness on their part to approach the court as they are scared and do not believe that much can be achieved by approaching the court of law. The respondent had even filed a public interest litigation on behalf of senior citizens. He made the following statement, requesting anonymity:

We do not have much trust in the system. We cannot convince the senior citizens at this stage to approach a court of law. There have also been instances where some have even tried to take advantage of their age and approach the court for personal benefits. It is a hassle for the senior citizens at this age as there is an inordinate delay in the justice delivery systems. They are at a stage wondering how they will live, and it would be difficult and time-consuming. Most of the time, we are with them, but who will be with them to attend to the cases and take them forward. Most of the time, we try to effect a compromise between the parents and the children. (RSCA02)

Delay in court procedures and lack of any specific intervention from the law and legal processes, force senior citizens to suffer in isolation. Even if they do approach the courts, they do not have appropriate legal guidance to manoeuvre the situation appropriately.

Government administrative officials who are given charge of the Maintenance Tribunal said that the procedure before the Maintenance Tribunal is very simple as there are not many formalities involved. The concerned officer stated that they receive two to three such cases that come before them every month on average, which is treated on a priority and deal with the cases immediately. The officers are empathetic; despite this, senior citizens feel that they are not attended to on a timely basis. The administrative officer opined that:

As an Executive Magistrate and an Assistant Commissioner, I try my best to hear the cases. But the senior citizens’ cases are also taken up along with many other public hearings. Our schedules are tight, and many senior citizens are reluctant to attend the cases along with the others. There is no fixed date and hearing, and sometimes, they just leave. We try to ensure that the matter is disposed of in 60 days; despite that, in some instances, it can go up to 120 days. (RSEM02)

Legal institutions need to be inclusive of senior citizens. Provisions ought to be made to expedite cases of senior citizens. As court procedures are cumbersome, the senior citizens need to be heard on separate days and times. The law and the institutions need to be responsive and undertake such appropriate measures to aid in early disposal of cases.

The situation became all the more problematic with the pandemic; senior citizens could not be called to the court due to the restrictions imposed in response to the pandemic. At the same time, senior citizens’ matters could not be taken up, as they were unfamiliar with online court processes and mechanisms. In this regard, a senior citizen from a taluka responded with regard to the status of the cases during the pandemic:

During the pandemic, dates would mostly be given by clerks; either the judges were getting transferred, or they were in training. One case has been pending since 2017, another since 2009, and the property dispute has been pending since the year 1989. After 60 years, most of us suffer from some or the other ailment. Since we could not step into the courts, we got ‘Corona dates’, there were hardly any judges or lawyers in the court during the pandemic, and we did not know how to proceed as our advocates would not say anything to us. (RSSC04)

The above situations have led to inordinate delay in the court processes, especially the ones that involved senior citizens. Respondent RSEM03, an officer, observed that for some time, senior citizens did face ‘exclusion’ during the pandemic. On similar lines, a senior advocate practising in the High Court of Karnataka made the following statement:

In my so many years of practice, what I have experienced is that early hearing on a priority basis is one of the ways for early disposal of cases for senior citizens. But in reality, that is not the case. The implementation is lacking in this regard, which puts the senior citizens at a disadvantage. I have been to the National Institute of Mental Health and Sciences (NIMHANS) and KIDWAI Memorial Institute of Oncology Cancer Research and Training Centre, where I have rendered pro-bono legal advice to many patients and their relatives. There is a need to build a sense of trust in the judicial system. (RSAD02)

Hence the law and the legal system need to respond to the aged in a systematic and time-bound manner. In order to ensure early disposal of cases and build trust towards law amongst senior citizens, interventions from the legal fraternity through legal aid and awareness are all the more pertinent.

5.3 Lack of legal awareness

Legal awareness is of paramount importance to the general public. Legal awareness is essentially the awareness of citizens’ rights and obligations, knowledge of the existing legislations, and, at the same time, the ability to deploy this knowledge in exercising and defending their rights through legal mechanisms. Footnote 93 There is a need to educate the senior citizens to help them understand what law is, and how it functions and works for their benefit. Legal consciousness is an imperative tool to help senior citizens to help themselves. A senior citizen in an old age home had the following observation to make:

My wife and I were abandoned; we reached out to the Old Age Help Line through a neighbour, where we were counselled and sent to this NGO. We are now confused and unable to comprehend and process the whole situation. Hence it is difficult for us to take a sudden decision. We are victims of abuse and wish we were educated about the law. (RSSC05)

Most of the respondents lamented that they were not legally conscious and wished they were educated about the laws and the legal institutions. Similar response was espoused by RSSC01. The respondent regretted that she had no idea of the law. She expressed the view that she was not aware of the provisions of the Hindu Succession (Amendment) Act, 2005 which considered women as coparceners, until recently.

She expressed with anguish that despite being educated, she did not know ‘how’ and ‘where’ to approach [the law] while the brothers took away all her ancestral property. She expressed that ‘I would have been comfortable if we had received some knowledge of the law.’ She said that lack of legal awareness is a major problem, especially for senior citizens.

The issue is persistent, especially among senior citizens in rural areas, as they are absolutely unaware of the law and the legal systems. There is a sense of apprehension, especially when it comes to law and advocates. They are too scared to even speak up with their advocates about the progress of the case. They spoke to us in hushed tones and were scared that someone would hear and report it to their advocates and the courts. There was large-scale ignorance amongst the senior citizens, and they looked upon the judicial process as elite. In this regard, it is pertinent to highlight how scared a senior citizen was when he made the following statement:

We just blindly listen to what the lawyers tell us. They hush us up when we ask them any question. We have left everything in the hands of the advocate. We approach the local panchayat members, who refer us to an advocate as we don’t have much choice in this regard. I sometimes feel that advocates purchase a settlement with the opposite party for a lesser price, and we have no option but to concede to the same. Most of the time, the advocates don’t respond to our questions, and we are left totally helpless. (RSSC04)

Large-scale ignorance of law was a major impediment to senior citizens, who expressed a lot of fear of the system. An administrative officer, while highlighting the issue pertaining to legal awareness, made the following statement:

The Act pertaining to the Maintenance of Senior Citizens is there since 2007. We are now in 2022, yet people are not aware of the Act. We are trying to educate people as well as the police. The police, too, treat this as a regular civil dispute. The civil courts have no jurisdiction in such matters. The people are influenced by local leaders and gram panchayat members who act on their advice. (RSAC01)

These situations highlight the fact that due to a lack of legal awareness, most senior citizens are victims of misinformation and miscommunication. In order to remedy the situation, there is a need for proper legal awareness through appropriate authorities. A judicial official said that it is pertinent to involve the LSA in this regard. He commented:

The LSA needs to be active. They need to give suggestions, especially as to how senior citizens need to be made aware of various legal procedures and how to approach the authorities. The LSA functions need to include appropriate provisions to render legal aid and awareness to senior citizens. (RSDM04)

The officer further lamented that he had never heard of the LSA referring any senior citizens’ cases, to the Tribunals or to the courts, to take up such matters. The need of the hour is an effective legal system, which can be achieved by rendering effective legal awareness.

6 Recommendations

Through this study, the researchers intend to pursuade the relevant authorities to take note of the difficulties faced by senior citizens and undertake appropriate measures to ease the law and legal processes for senior citizens. Thus, in this section, a course of action is recommended that can be considered by the concerned authorities. The mental faculty, financial instability, and educational and social backwardness of senior citizens fuel the need to implement the following recommendations:

Section 12 of the Legal Services Authority Act states the criteria for receiving legal services, which include members of Scheduled Castes, Scheduled Tribes, women, children, victims of human trafficking, persons with special needs, industrial workers, victims of mass disaster, persons in custody, and people with low annual income. Suitable amendments ought to be made to the Legal Services Authorities Act 1987 to make senior citizens eligible for free legal aid and services. The various Law Commission reports have time and again suggested including more deserving people within the ambit of free legal aid. It is time that suitable additions be made to Section 12 of the Legal Services Authority Act.

The National Legal Services Authority (NALSA) formulated a Legal Services Scheme in 2016 to ensure the welfare of senior citizens. One of the preliminary objectives of the scheme is to provide legal awareness to senior citizens. The objectives also aim to establish legal aid clinics at all levels, including universities. The State Legal Services Authority has to implement the same by conducting dissemination activities of its policies, schemes, and programmes to senior citizens as well as government functionaries. There is a need to give effect to its objectives in its true spirit by conducting adequate legal awareness programmes/workshops specifically targeting senior citizens on issues such as maintenance, civil rights, elder abuse, property rights, etc., which are still lacking. The awareness programmes should also include taking note of simple problems such as non-availability of Aadhaar cards, ration cards, and other important documents. Once the problems are noted, it is equally important that the problems be forwarded to the relevant authorities and compliance ensured. It is important that the senior citizens are empowered to act on the information provided to them.

Under the Maintenance Act 2007, the Maintenance Tribunals are presided over by administrative officers. These administrative officers have been assigned numerous responsibilities, including: managing governmental responsibilities in terms of formulation, implementation, and monitoring of policies in consultation with the various departments—financial management, disaster relief, and many others. Hence, the administrative officers have been accorded immense responsibilities. There is a need for appointment of a separate judicial officer to deal with senior citizens maintenance cases, as the administrative officers may not have the requisite expertise to act as judicial officers. This approach ensures early and speedy disposal of senior citizens’ cases on priority.

Senior citizens face innumerable challenges especially from the health perspective. In order to accommodate them and to ensure a fair opportunity to access justice, it is pertinent to allocate separate dates and times of hearing to senior citizens. The cases are not to be treated as regular cases and need to be accorded priority. This is to be done keeping in mind the health and psychological limitations faced by them.

Part IV of the Bar Council of India Rules on Legal Education (2008) makes the establishment of legal aid clinics in law schools mandatory. This is an important prerequisite for law schools for establishment as well as for the purpose of accreditation. At the same time, NALSA has formulated the National Legal Services Authority (Legal Services Clinics in Universities, Law Schools, and Other Universities) Scheme in 2013. The scheme is pursued with the intention of sensitising the students towards the needs of marginalised and vulnerable sections of society through awareness programmes such as camps, seminars, street plays, and counselling services. This provides an opportunity for the LSA to utilise the services of law students as well train them in the required skill-set necessary for the profession. In order to achieve this, the LSA should work in tandem with NGOs and law schools’ legal aid clinics at the district and taluka levels to help them in creating awareness and providing legal aid to senior citizens.

The police are the first point of contact for any information that citizens seek. Hence, it is pertinent that they are guided accordingly. In most instances, when senior citizens approach them, the police treat the matters as regular matters. Hence, police officials need to be trained and made aware so as to not treat senior citizens’ maintenance cases as regular civil suits.

Senior citizens need to be guided towards accessing legal institutions. Hence, if consultation centres are established in certain designated police stations, it would help senior citizens who lack knowledge and awareness of the law to undertake appropriate steps or decide their future course of action.

Separate infrastructure facilities should be established for senior citizens in the court premises at the district and taluka levels. The facilities can include separate enclosures or waiting lounges, seating spaces, basic healthcare facilities, essential goods, and ramps.

In most cases, especially in rural and semi-urban areas, there is a general fear amongst the public with regard to approaching the courts and legal institutions. In some instances, the aged are misled by people who do not have adequate information. Hence it would be appropriate to appoint special officers or train the existing panchayat officers by equipping them with the right information to guide the senior citizens to appropriate forums and oversee the implementation of the above requirements.

The present Senior Citizens Act 2007 does not contain specific provision for early disposal of cases. Hence, if specific provisions to expedite the cases are incorporated, it can ensure early disposal of maintenance cases. This casts responsibility on the administrative officers to engage with senior citizens on a priority basis.

Constitution of India 1950, Article 41: ‘The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.’

National Policy on Senior Citizens 2011, 2. https://socialjustice.gov.in/writereaddata/UploadFile/dnpsc.pdf . Accessed 15 August 2022.

Leyanna Susan George, ‘Ageing in India: An Intricate Phenomenon’ in Helaine Seline (ed), Aging across Cultures: Growing Old in the Non-Western World (Springer 2021) 165–179.

United Nations Department of Economic and Social Affairs on Ageing, Report of the Second World Assembly on Ageing , A/CONF.197/9 (2002).

National Crime Records Bureau, Crime in India (2019) Chap. 6A, Table 6A.1. https://ncrb.gov.in/sites/default/files/crime_in_india_table_additional_table_chapter_reports/Table%206A.1.pdf . Accessed 05 February 2022.

Alan Gutterman, 'Older Persons Access to Justice’ (2022) ( Oakland CA: Older Persons’ Rights Project , 2022) 1–2.

Anuradha Thakur, ‘Care of Senior Citizens and the Role of the State’ (2008) 43(17) Economic and Political Weekly 11.

Sunil Batra v Delhi Administration (1978) 4 SCC 409.

Consumer Education and Research Centre v Union of India AIR 1995 SC 636.

Francis Coralie Mullin v Union Territory of Delhi (1981) 1 SCC 608 [Bhagwati PN J].

Paschim Banga Khet Mazdoor Samity v State of West Bengal (1996) 4 SCC 37 [Agrawal SC J].

Universal Declaration of Human Rights, Article 25(1): ‘Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.’

S Vijay Kumar, ‘Social Security for the Elderly in India’ (2001) 31(4) Social Change 21.

United Nations Office on Drugs and Crime, Global Study on Legal Aid––Global Report (2016) 73. The study provides insights into the current state of legal aid practices across the globe. The report also highlights specific challenges and priority areas of legal aid delivery.

Ibid. 75, 76, 128.

National Human Rights Commission, Human Rights of the Elderly Persons: Law, Policies and Implementation: A Study with Special Reference to Kerala (An initiative by the Centre for Human Rights, National University of Advanced Legal Studies) (2018). https://nhrc.nic.in/sites/default/files/Project%20Report%20on%20the%20Rights%20of%20the%20Elderly_NUALS.pdf . Accessed 05 March 2022.

UN Sustainable Development Goal 16: ‘Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable, and inclusive institutions at all levels.’ https://sdgs.un.org/goals/goal16 . Accessed 22 August 2022.

United Nations Department of Economic and Social Affairs, ( The Sustainable Development Goals Report , 7 July 2022) https://unstats.un.org/sdgs/report/2022/The-Sustainable-Development-Goals-Report-2022.pdf . Accessed 22 August 2022.

Marie Weil, ‘Involvement of Senior Citizens in Needs Assessment and Service Planning’ (1982) 11(2–3) Non-profit and Voluntary Sector Quarterly 59, 64.

The interviews were conducted between the duration of January 2022 to May 2022.

Kumar Vaibhav, ‘Access to Justice during COVID-19 Pandemic: An Indian Perspective’ ( Asia Pacific Regional Forum Publications, 12 August 2021). https://www.ibanet.org/article/F1A1E3A6-675F-455B-B190-038306399CBB . Accessed 23 October 2022.

Joanne Harris, ‘Access to Justice: India Leads Post COVID Shifts in Courts’ Use of Technology’ ( International Bar Association, 12 October 2022). https://www.ibanet.org/Access-to-justice-India-virtual-courts . Accessed 23 October 2022.

Ajay Pal Singh, ‘Virtual Courts during the Pandemic: A Critical Exposition’ (2021) 24 Supremo Amicus 452.

Pragya Jha and J Nayak, ‘COVID-19: The Catalyst to an E-Judiciary’ (2020) 18 Supremo Amicus 644.

Animesh Puneet Gupta and Adhiraj Bhandari, ‘The Experienced, the Aged, the Ignored: A Review of Senior Citizens and the Elderly Laws in India’ (2018) 6 Supremo Amicus 1.

Niharika Thakur, ‘Senior Citizens: Our Rights or Duties?’ (2018) 4 Supremo Amicus 274.

SM Ayoob, ‘Senior Citizens and Their Roles in Family and Household’ (2020) 13 Journal of Politics and Law 32.

Rama Baru, Madhurima Nundy, Ramila Bisht, et al., ‘Integration of Health Services for Older Persons in Urban India’ (2021) 56(37) Economic and Political Weekly 36.

United Nations Economic and Social Commission for Asia and the Pacific, Guidelines on the Implementation of the Macao Plan of Action on Ageing for Asia and the Pacific (7 April 2000). https://digitallibrary.un.org/record/433301?ln=en . Accessed 1 November 2022.

United Nations, Political Declaration and Madrid International Plan of Action on Ageing , Second World Assembly on Ageing, Madrid, Spain, 08–12 April 2002 (New York 2002). https://www.un.org/esa/socdev/documents/ageing/MIPAA/political-declaration-en.pdf . Accessed 31 July 2022.

Jyotsna M Kalavar, Duvvuru Jamuna, and Farida Kassim Ejaz, ‘Elder Abuse in India: Extrapolating from the Experiences of Seniors in India’s “Pay and Stay” Homes’ (2013) 25(1) Journal of Elder Abuse & Neglect 3.

S Bhattacharya and S Bhattacharya, ‘What Happens to the “Hand That Rocked the Cradle”? A Study of Elderly Abuse in India’ (2014) 16(3) Journal of Adult Protection 166.

Srinivasan Chokkanathan and Alex EY Lee, ‘Elder Mistreatment in Urban India: A Community Based Study’ (2005) 17(2) Journal of Elder Abuse & Neglect 45.

Namkee G Choi and James Mayer, ‘Elder Abuse, Neglect, and Exploitation’ (2000) 33(2) Journal of Gerontological Social Work 5.

Elsie Yan, ‘Elder Abuse: A Public Health Issue’ (2019) 59(3) The Gerontologist 598.

Gwendolyn Fearing, Christine L Sheppard, Lynn McDonald, et al., ‘A Systematic Review on Community-Based Interventions for Elder Abuse and Neglect’ (2017) 29(2–3) Journal of Elder Abuse & Neglect 102.

Lynette Joubert and Sonia Posenelli, ‘Responding to a “Window of Opportunity”: The Detection and Management of Aged Abuse in an Acute and Subacute Health Care Setting’ (2009) 48(7) Social Work in Health Care 702.

Ernest Wing-Tak Chui, ‘Caring for Our Seniors––Private Issue or Public? The Asian Scene’ (2012) 5(1) Journal of Asian Public Policy 51.

Nils Dahl, ‘Social Inclusion of Senior Citizens in Japan: An Investigation into the “Community-Based Integrated Care System”’ (2018) 30(1) Contemporary Japan 43.

Burton D Fretz, ‘Legal Services and the Elderly Poor’ (1984) 8(3) Generations: Journal of the American Society on Aging 14.

Constitution of India 1950, Article 39A: ‘The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.’

Schemes such as NALSA (Legal Services to Senior Citizens) Scheme, 2016; Legal Services to Victims of Acid Attacks Scheme, 2016; Protection and Enforcement of Tribal Rights Scheme, and many more are formulated by NALSA.

Chetan Kaushik, ‘Free Legal Aid: A Human Right, Not “Charity”’ (2020) 3(4) International Journal of Law Management & Humanities 1821, 1826.

Isabell Manoj and Angel Shaji, ‘Is Free Legal Aid Available and Beneficial for the Targeted Community’ (2022) 5(2) International Journal of Law Management & Humanities 543.

Andrew Higgins, ‘Legal Aid and Access to Justice in England and India’ (2014) 26(1) National Law School of India Review 13.

See, e.g., Hussainara Khatoon and Ors v Secretary, State of Bihar (1980) 1 SCC 98 [Bhagwati PN J].

Legal Department for the Government of Bombay, Report of the Committee on Legal Aid and Legal Advice . Under Government Resolution No 3157 (White Paper, Cm 1[(21]), 2009) part III (viii) 2.

No D.10/46-C & G (Judl.), 1946, cited in Report of the Committee on Legal Aid and Legal Advice (n 50) 2.

Report of the Committee on Legal Aid and Legal Advice (n 50) citing the Bombay Legislative Council resolution 2.

Ibid. 2, 3.

An administrative unit in India below a district. Also called ‘tehsil’ in north India.

Ibid. 30–39.

Law Commission of India, Reforms of Judicial Administration (Law Com No 14, 1958) 587.

Ibid. 15, 16, 588.

Ibid. 587–624.

Law Commission of India, Some Questions under the Criminal Procedure Code (Law Com No 48, 1972) 23–28.

Ibid. 22, 23.

The Code of Criminal Procedure 1973.

Government of India, Report of the Expert Committee on Legal Aid: Processual Justice to People (May 1973).

Ibid. 155–164.

Members of the hereditary Hindu group who were formerly considered inferior and who had the lowest social status.

Report of the Expert Committee on Legal Aid (n 71) 155, 156.

Ibid. Chapter 19, 273.

Law Commission of India, Cost of Litigation (Law Com No. 128, 1986).

Law Commission of India, Report on the Role of Legal Profession in Administration of Justice (31 August 1988).

Section 25 of the Bill seeks to insert a new section 23A for ‘Other Welfare Measures for Senior Citizens’ after Section 23 of the principal Act, Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Aparajita Chattopadhyay, ‘Population Policy for the Aged in India’ (2004) 39(43) Economic and Political Weekly 4694.

A Justine Kristel Villegas, ‘Greying Matters: Aging in Contemporary Philippine Society’ (2014) 62(1) Philippine Sociological Review 139.

The Maintenance Tribunal is established under section 7, by the respective state governments under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Tribunal is presided over by an officer not below the rank of a Sub-Divisional officer of a state. Under Section 9, the Tribunal is vested with the power to order maintenance in the form of a monthly allowance for senior citizens whose children have either neglected or refused to take care of them.

Gurrashmeet Singh, ‘Delay in Justice Delivery System in India’ (2021) 1 Jus Corpus Law Journal 634.

Jeffrey Falt, ‘Congestion and Delay in Asia’s Courts’ (1985) 4(1–2) UCLA Pacific Basin Law Journal 90.

Krishna Agrawal and Neha Dixit, ‘Civil Justice in India’ (2016) 3(4) BRICS Law Journal 71.

National Implementing Agency (an empowered Committee) set up by the Ministry of Social Justice and Empowerment along with NISD (National Institute for Social Defence) is currently hosting the Elder Line in collaboration with the state governments. Operationally, the state agencies will be working closely with all state departments and district functionaries to deliver services. This is a collaborative approach between MOSJE, State departments, Identified state agency, NGOs, local senior citizens group, voluntary groups etc. For more information see PIB Delhi, ‘National Helpline for Senior Citizens’ (27 September 2021). https://pib.gov.in/PressReleasePage.aspx?PRID=1759358#:~:text=Elder%20Line%2014567%20is%20a,of%20life%20of%20senior%20citizens . Accessed 2 November 2022.

Oleksandr V Skrypniuk, Nataliya M Onishchenko, Natalia M Parkhomenko, ‘Awareness in Law as Strategical Direction of Legal Policy’ (2019) 10(5) Journal of Advanced Research in Law and Economics 1534.

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K, R., Singai, C. Reforms in legal aid and awareness with regard to the aged in India: A case for an inclusive approach. Jindal Global Law Review 13 , 253–276 (2022). https://doi.org/10.1007/s41020-022-00178-5

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