Navigating the Path to Justice: An Empirical Analysis of Access to Justice for the Elderly through Maintenance Tribunals in Kolkata

Abstract

Older adults comprise a particularly vulnerable group in the Indian society, who often receive the shorter end of the stick as our society does not have the adequate social security nets for their well-being. Over the years, the gradual erosion of the cultural norm of filial piety has undermined their status in the family, leading to a decline in their physical, mental, and emotional well-being. To ensure that their plight is not further exacerbated by their limited access to legal resources and institutions, the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was passed with the objective of preserving and upholding therights and dignity of the elderly and for holding the State accountable for their welfare. Under the Act of 2007, ‘Maintenance Tribunals’ are established for providing the elderly with necessary support for resolution of disputes in an expeditious, inexpensive and hassle-free manner. The focus of this Article is to assess the efficacy of the Maintenance Tribunal in meeting the critical needs of older adults and to evaluate their role in ensuring access to justice. To conduct this research, an empirical study was undertaken adopting an ethnographic approach at the Maintenance Tribunals established at Kolkata. By analyzing the perspectives and experiences of the functionaries who are involved in the implementation of the law, the study aims to provide valuable insights into the effectiveness of the dispute resolution forum within the broader legal framework, pinpointing specific areas that require improvement for strengthening the efficacy of the legal system and fostering greater accessibility to justice for the elderly.