Elderly Persons’ Right to Maintenance: A Critical Review of the Existing Legal Regime in Bangladesh and Exploring Potential Ideas from Successful Jurisdictions

Abstract

Approximately 8.10% people of Bangladesh are the elderly citizens (over 60 years)1 and most of them have no sufficient means to afford the basic necessities of life to survive. So, the maintenance of elderly people needs a serious attention both from social and legal perspective. To find legal solution for miserable life of elderly citizens of Bangladesh, this research examines the recent enactment for maintenance of aged parents in Bangladesh. It analyses Hindu and Muslim personal laws along with a comparison with maintenance laws of Singapore, China, and India. It reveals that our maintenance laws are weak in comparison with those of the above-mentioned jurisdictions. On the one hand, it is silent regarding the issues of childless parents and responsibility of the offsprings having no means to support their parents. On the other, it overemphasises the criminalisation of offsprings’ failure to maintain their aged parents rather than ensuring proper financial support to the elderly. Therefore, it suggests that legislature should review or reconsider the Act. However, it should be mentioned that only legislative provisions are not enough for the betterment of elderly people, if our social values are not prevalent within the younger. So, the state should take responsibility on its own shoulder to ensure social security for elderly citizens.