Justice Surya Kant warns of 'civilisational tremor' in declining care for elders

New Delhi, Nov 17 (PTI) Warning that India risks "losing the old world that kept us human," Supreme Court Judge Justice Surya Kant on Monday voiced concern over the country's fraying intergenerational bonds, urging a renewed social and legal commitment to protect senior citizens.

While citing cases of elderly citizens deceived by digital frauds, abandoned by family members or trapped in lifelong litigation, Justice Surya Kant said the law must serve as a "renewing framework of dignity".

He was speaking at a special session on the Maintenance and Welfare of Parents and Senior Citizens (MWPSC) Act, attended by Social Justice and Empowerment Minister Virendra Kumar and Social Justice Secretary Amit Yadav.

Addressing an audience of law students, officials, legal services authorities and civil society representatives, CJI-designate Surya Kant said the country must confront the emotional, digital and social vulnerabilities facing its ageing population.

"Prosperity has silently replaced proximity. Migration has opened new worlds of work, yet closed the doors between generations," he said, describing the shift as a "civilisation tremor." The judge underscored that ageing in India was once seen as ascension rather than decline, with elders serving as the "conscience of the narrative" in cultural and familial life. But modernity, he said, had weakened those structures. "We have gained new worlds but are in danger of losing the old one that kept us human." Recalling a recent case of a widow who fought for maintenance for nearly 50 years, he said the Supreme Court restored her property under Article 142.

"Justice demanded more than technical correctness," he said. "The promise of dignity does not expire with age." The judge called for deeper coordination between NALSA, state legal services authorities, police, social welfare officers and the Ministry of Social Justice to ensure early intervention and prevent neglect before it becomes litigation. But he stressed that no institution, however strong, could replace people.

"The bridge between the old and the new is built by the youth," he said, urging young Indians to step in, whether to help with digital transactions, offer companionship or ensure that no elderly person "stands alone in a queue".

Justice and Empowerment Minister Virendra Kumar said the roots of Indian culture lie in reverence for elders, who form the "foundation on which the building of society stands." But urbanisation and changing lifestyles have altered family structures, pushing many parents into isolation.

"The idea of the old-age home was never part of our Eastern culture. It is a Western thought," he said, lamenting that many young people move away after securing employment, leaving parents to loneliness.

Kumar narrated accounts from his recent visit to an old-age home run by the Brahma Kumaris in Mount Abu, describing how highly educated residents -- doctors, lawyers and engineers -- ended up alone despite having children abroad. "Money is necessary, but money is not everything," he said.

While recounting instances where elderly parents transferred property to their children only to face neglect later, the minister said the government stands ready to help restore their rights.

"But mothers often say, 'Do not file a case against my son.' Even while suffering, the affection remains," he said, stressing the need for societal empathy alongside legal protection.

Calling the MWPSC Act a "historic law" safeguarding dignity and self-reliance, he urged communities to integrate senior citizens into everyday life.

"We plan picnics every month. But do we ever think of visiting an old-age home nearby and speaking to the elders there?" he asked. "A simple touch, a conversation can make them feel they are not alone." Social Justice Secretary Amit Yadav said India is on the cusp of a massive demographic transition, with the elderly population projected to rise from the current 10.38 crore to 34 crore by 2050.

"The ageing must be accompanied not by vulnerability but by dignity, security and meaningful participation," he said.

He said the MWPSC Act operationalises the constitutional mandate under Article 41 to provide public assistance in old age, but stressed that legal provisions alone cannot ensure dignity. "Laws must be lived and dignity must be felt," he said. "The primary objective must be to foster a compassionate, responsibility-driven mindset within families." Yadav pointed to the digital divide as a growing challenge, exposing elders to fraud, exclusion and misinformation as services shift online. Young family members, he said, can play a decisive role helping with medical appointments, online systems, welfare schemes, pensions and property-related decisions.

The secretary highlighted the ministry's MoU with NALSA to expand legal awareness camps across the country. Legal literacy, he said, will empower elders to safeguard property, seek maintenance and access grievance redressal systems. PTI UZM RT RT