Karnataka HC urges Centre to revisit Rs 10,000 maintenance cap for senior citizens

Bengaluru, Sept 11 (PTI) The Karnataka High Court has recommended that the union government review and revise Section 9 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which restricts tribunals from ordering more than Rs 10,000 per month as maintenance for elderly parents.

Justice M Nagaprasanna, while hearing a petition, said the ceiling no longer reflects today’s economic realities and must be updated in line with inflation.

“This court deems it fit to recommend, with earnestness, that the Union revisit Section 9 and revise the ceiling in tune with the cost of living index, so that the Act may not be reduced to a hollow promise, but remain a living guarantee of dignity in old age,” observed the judge.

The bench stressed that a nation’s true wealth is measured not just in material progress but in how it treats its children and elderly.

Pointing to the steep rise in living costs since 2007, the court said the statutory cap of Rs 10,000 remains “petrified in time.” It referred to the government’s inflation index and highlighted that what could be purchased for Rs 100 in 2007 now requires nearly Rs 1,000 in 2025.

“Food, housing, and healthcare expenses have multiplied manifold. Yet, the maintenance ceiling remains untouched, making it impossible to meet even basic needs,” the bench said.

It questioned whether such meagre support could provide dignity and medical care, warning that ignoring this reality would reduce old age to “a mere animal existence.” The court added, “Maintenance cannot remain a mirage shimmering in the desert of inflation, nor an oasis that vanishes on approach. Relief that is illusory is no relief at all.” The Act was amended in 2019, but the Rs 10,000 ceiling under Section 9(2) remained unchanged. A 2019 amendment bill had proposed to remove the cap and allow tribunals to fix maintenance amounts proportionate to a senior citizen’s needs and dignity. However, that proposal was never enacted.

Since the ceiling is fixed in the central law, the court clarified that states cannot frame rules granting amounts beyond Rs 10,000.

The observations came during a plea filed by Sunil H Bohra and others, challenging an Assistant Commissioner’s order directing them to pay Rs 5 lakh as a lump sum “compensation” to their parents.

The bench noted that the tribunal had no authority to award lump-sum compensation under the Act or Rules, which only permit monthly maintenance. It set aside the order, remitted the matter back to the tribunal, and directed the petitioners to pay Rs 10,000 per month each to their parents from April 2021 until the tribunal reconsiders the case.

Additionally, the High Court temporarily enhanced the monthly maintenance to Rs 30,000 per parent until the tribunal passes a fresh order.

The court directed its Registrar to forward the order to the Additional Solicitor General of India so that the recommendation reaches the Ministry of Finance, urging Parliament to re-examine and revise the outdated ceiling. PTI JR ROH