The Central Government has been asked by the Karnataka High Court to examine Section 9 of the 2007 Maintenance and Welfare of Parents and Senior Citizens Act.
According to the Court, the cap that prohibits courts from granting elderly parents maintenance payments above Rs. 10,000 per month does not take into account the current state of the economy.
Section 9 of the support and Welfare of Parents and Senior Citizens Act, 2007 forbids tribunals from granting elderly parents support payments beyond Rs 10,000 per month; the Karnataka High Court has advised the Central Government to reconsider and alter this section.
During a petition hearing, Justice M. Nagaprasanna said that this cap should be adjusted to reflect inflation as it no longer accurately represents the state of the economy today.
What was said by the court?
The judge stated, “This Court firmly believes it is appropriate to suggest that the Central Government reexamine Section 9 and adjust the upper limit in accordance with the cost of living index, so that the Act does not remain only a hollow promise but remains a living guarantee of dignity in old age.”
The judges emphasized that the manner a country treats its children and seniors is just as important to determining its actual richness as its financial advancements.
The court said that the statutory limit of Rs 10,000 has become “untenable over time” due to the sharp increase in living expenses since 2007. Citing the government’s inflation index, it emphasized that in 2025, anything that could have been purchased for Rs 100 in 2007 would now cost around Rs 1,000.
However, the maintenance restriction has not altered, which makes it hard to meet even the most basic requirements,” the bench said.
It raised doubts about whether such little assistance could provide medical attention and dignity. Furthermore, it cautioned that neglecting this fact would turn old life into “a simple animal existence.” According to the court, illusory alleviation is not remedy at all.
In 2019, the Act underwent an amendment
Interestingly, despite changes to the Act in 2019, Section 9(2)’s Rs 10,000 cap remained in place. A 2019 amendment bill sought to lift this cap and provide tribunals the authority to determine maintenance amounts that are commensurate with elderly individuals’ needs and dignity.
But that suggestion was never carried out. Since the central legislation sets this limit, the court explained that states cannot enact regulations that provide sums more than Rs 10,000.