Law and its discontents: ageing and Family Law in India

In: Journal of Social and Economic Development

Abstract

Ageing is an overarching phenomenon, its effects felt across lines of region, gender, caste and other identifiers. Standards in international human rights law as well as the Constitution of India lay down broad guidelines to protect rights including ideals of equality and non-discrimination. These are reflected in the legal landscape on the ground and its working. However, both these seem to fall short of Constitutional guarantees. The abdication of responsibility by the State in terms lack of social security and in inordinate delays on issues relating to rights claims outweigh the minor gains made by maintenance and domestic violence legislations that seek to ensure life with equality and dignity in times of ageing. This paper critiques the legal landscape on maintenance and domestic violence from the lens of rights of older persons.