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January 20, 20260 citationsOpen Access

A Human Rights Perspective on the Protection of Elderly Persons in India

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GYGyan Chand Yadav

Key Points

  • The aim is to examine the status and protection of human rights for the elderly population in India.
  • Analyzed constitutional and statutory safeguards for elderly rights.
  • Reviewed judicial interpretations regarding the Right to Live with Dignity.
  • Assessed living conditions in state-run and privately managed old-age homes.
  • Conducted a comparative study of international best practices.
  • Highlighted gaps in the protection of elderly rights within existing legal frameworks.
  • Identified increasing dependence and economic insecurity among the elderly.
  • Proposed reforms to enhance dignity and autonomy for elderly citizens.

Abstract

In today’s rapidly changing world, the protection of human rights for vulnerable groups has emergedas a global priority. Among these groups, the elderly constitute a particularly sensitive section, oftenfacing social neglect and economic insecurity. Across nations, the status and treatment of older personsvary according to cultural, economic, and legal contexts. The elderly are typically identified asindividuals beyond the age of active employment, representing a phase of life marked by decliningphysical strength, increased dependence, and a greater need for healthcare and emotional support.Traditionally, Indian society has held deep respect for its elders, viewing their care as both a moral andfamilial duty. However, contemporary realities evident in the rise of old-age homes and institutionalcare raise critical questions about whether such traditional values continue to thrive. Are the rights ofsenior citizens in India protected merely by custom, or are they substantiated through enforceable legaland human rights mechanisms? The Indian Constitution guarantees the Right to Life as a fundamentalright, which judicial interpretation has broadened to include the Right to Live with Dignity. In addition,various international conventions and policy frameworks advocate for the welfare and empowermentof the elderly. This paper critically examines India’s position regarding the human rights of its olderpopulation. It explores constitutional and statutory safeguards, judicial pronouncements, and welfareschemes aimed at promoting their well-being. Furthermore, it assesses the living conditions in bothstate-run and privately managed old-age homes, alongside a comparative study of international bestpractices. The study concludes by proposing reforms to strengthen India’s commitment to protectingthe dignity, autonomy, and rights of its elderly citizens.

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Cite This Study

Gyan Chand Yadav (2025) studied this question.

synapsesocial.com/papers/696f1a9f9e64f732b51eef07https://doi.org/10.5281/zenodo.18291112
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