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8 Indian J.L. & Just. 158 (2017)
Constitutional Provisions and Legal Protection, Government Programmes and Policies for the Welfare of Elderly in India and West Bengal - A Review

handle is hein.journals/ijlj8 and id is 382 raw text is: 









        CONSTITUTIONAL PROVISIONS AND LEGAL
    PROTECTION, GOVERNMENT PROGRAMMES AND
    POLICIES FOR THE WELFARE OF ELDERLY IN INDIA
               AND WEST BENGAL - A REVIEW
                                 Archita Nayak & Prof. K.K. Bagchi2


I. Introduction
        Population ageing is worldwide and increasing phenomenon and
India is no exception. With fast changing socio-economic scenario,
industrialization, rapid urbanization, higher ambitions among the youth and
the increasing participation of women in the workforce, roots of traditional
joint family system has been eroding very fast. When the elderly need
family support most, they have to live on their own, even basic needs and
rights of many of them are not met. Social marginalization, loneliness,
isolation, negligence, harassment in elderly age and even attempt to possess
forcefully and unlawfully of properties of elderly and in some extreme cases,
murder of elderly lead violation of Human Rights of elderly.
        The right to social security ensures that everyone, regardless of age,
sex, caste, community, race, religion, language, locality of residence or
ability to work, is guaranteed the means necessary to procure basic needs
and services. Three key human rights principles are fundamental to
guaranteeing the right of social security: (a) comprehensiveness (social
security covers all the risks involved in the loss of means of subsistence for
reasons beyond person's control), (b) flexibility (the retirement age should
be flexible depending on the occupations performed and the working ability
of the elderly, with due regard to demographic, economic and social factors)
and (c) non-discrimination (social security must be provided without
discrimination based on health status, race, ethnicity, age, sex, disability,
language, religion, national origin, income or social status). Everyone, as a
member of society, has the right to social security... included in the Article
22 of the UN 1948 Universal Declaration of Human Rights emphasizing that
social security is an important part of human rights and every nation agrees
on. Unfortunately, in India, senior citizens are not aware of their human
rights due to high predominance of illiteracy and lack of awareness. On the
other hand, due to relatively high physical as well as psychological

   Part-Time Teacher, Dept. of Commerce, Kalipada Ghosh Tarai Mahavidyalaya,
   Darjeeling, West Bengal, India, E-mail: archita.nayak@gmail.com, Mobile:
   9474934428, 7602325056
2 Professor of Economics, Dept. of Economics, University of North Bengal,
   Darjeeling, West  Bengal,  India,  E-mail:  kkbagchi@hotmail.com,
   kanakbagchi@yahoo.co.in, Mobile: 9434886016

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