Rights of senior citizen in Pakistan

Senior citizens play a vital role in culture; Pakistan must enhance laws to protect their rights and welfare.

The writer is a former judge and President of Centre for Rule of Law Islamabad. He can be reached at email: judgemajid@hotmail.com

Senior citizens, often revered as pillars of wisdom and experience, play an indispensable role in preserving cultural continuity, guiding younger generations and contributing to the overall well-being of their communities. As global populations age, recognising and addressing the needs and potential of the elderly has become a crucial focus for policymakers, families and communities alike.

Historically, human rights laws did not cater to the older individuals' special considerations. However, their rights have gained recognition in recent years, both nationally and internationally. The UN Principles for Older Persons (1991) and the Madrid International Plan of Action on Ageing (MIPAA, 2002) have become key frameworks in guiding the treatment of the elderly. These documents emphasise the need to ensure dignity, independence and active participation of older individuals in society, offering a blueprint for both developed and developing nations to address the rights and welfare of senior citizens.

Islam places profound emphasis on the respect and care for the elderly as a moral and spiritual duty. The Quran explicitly instructs believers to honour and show kindness to their parents, especially in their old age.

"Your Lord has commanded that you worship none but Him, and that you be kind to your parents. If one or both reach old age with you, do not say to them a word of disrespect, or scold them, but say a generous word to them. And act humbly to them in mercy, and say, My Lord, have mercy on them, since they cared for me when I was small." Surah Al-Isra (17:23-24)

The teachings of Prophet Muhammad (peace be upon him) further reinforce the sanctity of caring for the elderly. The Prophet (peace and blessings be upon him) said, "He is not of us who does not have mercy on young children, nor honour the elderly." (Al-Tirmidhi)

Countries such as Japan, Germany and the Netherlands have developed innovative approaches to elderly care for seniors with dementia and other medical issues, integrating them into the community while providing the necessary medical and social support. These models foster a sense of normalcy and community, contrasting with more institutionalised forms of care. They align with Pakistan's international commitments, such as the Madrid International Plan of Action on Aging (MIPAA, 2002), UN Principles for Older Persons, UN Charter, and SDGs. The Government of Pakistan has promulgated Islamabad Capital Territory Senior Citizen Act 2012, followed by Senior Citizens Welfare and Rehabilitation Bill 2013 in Punjab, Senior Citizens Welfare Act 2014 in KPK, Senior Citizens Act 2017 in Balochistan and Senior Citizens Welfare Act 2017 in Sindh.

These legislations include the provisions for establishing welfare councils for senior citizens, social security welfare funds, senior citizen cards and old-age homes. Other rights of the senior citizens under these laws include addressing the rights of elderly people such as protection against abuse and ill-treatment by giving them respect, ensuring that they are able to access healthcare services, financial support, security, legal protection, participation in social activities, accommodation and transportation, and free entry in all public places.

To improve the welfare and protection of senior citizens, the government should adopt comprehensive and actionable measures to address the social, economic, medical and legal challenges faced by the elderly population, while fostering an inclusive and dignified environment for them. The government should introduce amend Article 35 of the Constitution which, in its current form, states: "The State shall protect the marriage, the family, the mother, and the child." This article doesn't mention senior citizens.

Moreover, to improve the effectiveness of the senior citizens legislations across the country, the Acts do not provide autonomy to the councils on funding/financial resources, staffing or operational standards for old-age homes, tax exemptions and subsidies to encourage private investment and establish regular inspections to ensure quality. The grievance process may be inaccessible to many senior citizens, with no clear timelines or penalties for unresolved complaints.

To strengthen financial security and social protection for senior citizens, the government should revise pension schemes, ensuring adjustments for inflation and coverage for informal sector workers so that all seniors have adequate financial support, especially in rural areas. Using a means-tested system, support should be directed toward the most vulnerable seniors.

Improving healthcare services is another essential priority. This can be achieved by creating specialised geriatric wards with trained staff and priority services in hospitals.

In terms of legal protection, free legal assistance should be provided to senior citizens, particularly for cases related to property disputes, inheritance and elder abuse. Lawyers should be encouraged to provide free legal aids and take pro bono cases for seniors, and dedicated legal helplines, as well as mobile legal aid services, should be established. Fast-track appellate courts or tribunals must also be created to ensure swift resolution of elder disputes, preventing the delays commonly associated with lengthy legal processes. Equally important is that the government must enforce strict penalties for elder abuse, neglect and abandonment. To enhance social inclusion and mental well-being, community centres should be established for social, educational and recreational activities, which would help reduce isolation.

Subsidised housing with elder-friendly amenities should be introduced for seniors living alone. Public-private partnerships can also be promoted to expand old-age homes, ensuring quality medical care and recreational activities.

Promoting research and data collection on aging is crucial for informed policy decisions. Conducting a national survey will provide data on the living conditions, health status and socio-economic challenges faced by seniors. Particular attention must be paid to vulnerable subgroups such as women, people with disabilities and those living in rural or impoverished areas,

In fostering public-private collaboration, the government should encourage private companies to contribute to elderly care initiatives through corporate social responsibility (CSR) programmes. Such initiatives could include sponsoring healthcare facilities, supporting digital literacy programmes or funding research on aging. Partnerships with NGOs specialising in elderly care will further expand services for seniors, particularly in rural and under-resourced areas.

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