The Kerala Assembly has on March 19 passed the Kerala State Elderly Commission Bill, 2025, which allows the government to set up an Elderly Commission to protect the rights of the senior citizens and promote their welfare. In a conversation with Down To Earth, the state’s Minister for Higher Education and Social Justice R Bindu shares the mission of the country’s first such commission. Excerpts:
K A Shaji (KAS): What influenced your decision to propose the establishment of the Elderly Commission?
R Bindu (RB): Eight years ago, S Irudaya Rajan [from the Centre for Development Studies in Thiruvananthapuram] conducted a study in the Kumbanad region in Pathanamthitta district. His research revealed a stark reality: elderly people live in challenging conditions due to the emigration of younger members of their families in search of employment and improved living conditions. As the trend is widespread now, a significant number of elderly across the state live in isolation, often with only pets for company. The latest census indicates that the elderly constitute 12.6 per cent of the state’s population. By 2030, the elderly will constitute 25 per cent of the state’s population. Then there is feminisation of ageing. Since women have a greater life expectancy than men, many elderly women find themselves alone and widowed, frequently lacking income and possessing minimal assets, thereby relying on family for assistance. Hence, elderly care requires immediate attention and effective solutions.
KAS: Several such programmes introduced in the past have largely failed to yield the intended outcomes. What makes you optimistic about the effectiveness of the proposed commission?
RB: Yes, in response to a swiftly ageing population, Kerala has enacted various legislations to protect people in their twilight years. One such Vayomithram project, launched in 2013, focuses on providing in-home care for the elderly instead of institutionalising them in nursing facilities. But it faced practical challenges due to the significant departure of the younger generations from the state. Even seniors anticipating home help find themselves restricted to their residences without access to the outside world. In the meantime, many aged people, especially those between 58 and 70 years, remain proficient and can engage in gainful employment. They require appropriate opportunities and conducive situations. The proposed commission seeks to rehabilitate and protect the aged and infirm while harnessing the skills and production capability of those with better health, for collective benefit. For instance, it would assist in creating a skill bank for seniors, providing them with a platform to showcase their interests, skills and aspirations. Senior citizens can engage in grassroots activities, including local governance initiatives and planning efforts. Elderly adults proficient in computers, mobile phones and the Internet can assist their peers in utilising these technologies in daily life.
KAS: Please outline the structure of the proposed commission.
RB: One member would represent the Scheduled Castes or Scheduled Tribes, while another would be a woman. The chairperson will hold a rank equivalent to that of a secretary in the government. Nominations will be based on merit, experience and prior commitment to the cause. The members will serve a term of three years. The commission will be headquartered in Thiruvananthapuram. At present, the Law Department is formulating the structures and frameworks for the commission, and it is expected to start functioning by mid-May.
KAS: How will the commission function? Will it also have legal teeth?
RB: Upon implementation, the commission will promulgate rules aimed at the welfare and protection of the elderly. It will collaborate with government departments to facilitate rehabilitation efforts and engage elderly individuals in activities that benefit the general public. It is dedicated to bringing abandoned or orphaned elderly individuals into care centres. To carry out its functions, the commission will have the power to utilise the services of any state government officer or the local authorities, with the approval of the relevant authorities. It will also advise the government, influencing elder welfare initiatives.
The commission will also provide legal aid as needed to ensure that the rights of the elderly are upheld. It is authorised to conduct investigations or enquiries and recommend remedial measures to implement provisions related to the welfare and protection of older people, as stated in the Constitution of India or any other relevant laws in force.
To execute its legal duties, the commission shall possess all the authorities of a civil court adjudicating a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) concerning the following issues: summoning and compelling the attendance of individuals for examination under oath; discovering and producing documents; receiving evidence via affidavit; requisitioning public records or copies from any court, office, or institution; and issuing commissions for the examination of witnesses and verification of documents. While conducting an inquiry, the commission will allow concerned individuals to be heard personally or through an authorised representative. The commission’s findings on any inquiry shall be forwarded to the government along with its recommendations. The commission can also enquire about complaints from prisons or lock-ups where elderly individuals are detained illegally or in other custody-related situations and submit reports to the concerned authorities.
KAS: The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, addresses concerns about the aged nationally. How will the commission help execute it?
RB: The Act stipulates that children must care for their parents, yet this duty is frequently overlooked. The commission will initiate legal proceedings if required. It will also counsel the government on implementing procedures that safeguard the elderly. The new body will issue directives to state governments, municipal authorities and various implementing agencies concerning the welfare and protection of older residents.
KAS: Will it also make the youth responsible for the welfare of elders in their family?
RB: Studies indicate that over 53 per cent of the senior population in Kerala perceive discrimination from both the family and society. A significant number of elders report experiencing mistreatment, even from their close relatives. So it is crucial to fortify intergenerational connections. Through the proposed commission, the government intends to initiate a campaign to enhance awareness in this regard. Through school- and college-focused programmes, it would instruct our youth on how to regard the old with respect. Families with older parents require heightened awareness regarding their care, the indicators of diseases such as Alzheimer’s, and the significance of adequate nourishment. Senior citizens should be considered important assets capable of enhancing societal welfare. I am sure the youngsters would be convinced.
This was first published in the 16-30 April, 2025 print edition of Down To Earth