Yet another World Elders Day (Oct 1) has passed by, unnoticed, unsung. This despite the fact that it falls a day before Gandhi Jayanthi when we pay ritualistic tribute to the Father of the Nation and should, therefore, is easy to remember. It is a sign of our times that we celebrate Valentine's Day by remembering out loved ones, but scarcely notice the old who need our support, love and attention.  It is easy to blame this neglect, benign or otherwise, on the creeping influence of the western culture on the assumption that the old are consigned to the dustbin of history there. Far from it the west has a social security net that covers the aged, homeless and terminally ill, all of which India lacks. All the more reason why family support becomes vital as the number of elders increases thanks to advances in medical field.

If such a support is absent, it is because of a change in value system brought about by compulsions of times. The joint family system has broken down because jobs take the next generation away from homes. And pressure on housing makes it unaffordable for the young to keep their old parents with them. The result is the rise of empty nests where the aged pine into a shadow. The pain becomes more acute when one of the spouses dies.

I have known of cases where the old, widowed mothers have been sent to old age homes. I have also come across cases of proud parents who have chosen to live independently till the end though their children are willing to keep them. With more and more upwardly mobile youth
migrating to the west, a new practice has come into vogue. They call in their parents to look after their children until they reach the pre-school stage. All because nannies are expensive and have to be paid by the hour. The Indians want their parents around not only
because they help cut costs but also because they give a personal touch to child care.

Do the old really have a choice? True, they can ensure their financial independence to a degree by planning for retirement well ahead. But what about the poor? For many, existence itself is a struggle and death is deliverance.

Even the moneyed need emotional support most in the evening of their lives.

In keeping with the current realities, the Union Social Justice Ministry is reported to have decided to bring in a law to make it obligatory on children to maintain their dependent parents and not just the old, meaning those above 60. Under the proposed Parents and Senior Citizens (Welfare and Maintenance) Bill 2006, even parents below 60 who, for health reasons, need looking after, can claim maintenance by their adult, earning children as a matter of right. Under the new law, tribunals are to be set up all over the country to look into complaints from the aggrieved. The tribunal can summon the neglected persons' children and persuade them to shoulder their responsibility. If they refuse, they can be jailed up to three months. This, according to Social Justice Minister Meira Kumar, is just a deterrent and not aimed at creating a rift in a family.

A key feature is that parents who have bequeathed their estate to their wards can revoke the will should they be neglected. The law is seen as an alternative to Sec 125 of the Code of Criminal Procedure which empowers the old to seek maintenance from their children, but involves tedious legal process. This is obviated with the tribunal being mandated to dispose of complaints within a specified time-frame. To ensure that the old are not harassed and the family ties are not
frayed, lawyers are to be kept out of such proceedings.

The law is long overdue and is a step in the right direction. But ultimately, the proof of the pudding is in the eating. It should not go the way of other laws like the dowry prohibition act.