Centre also plans to widen the definition of children

The Narendra Modi government is planning to increase the jail term for those who abandon or abuse their elderly parents to six months from the existing three months, according to a senior official.

The Ministry of Social Justice and Empowerment, which is reviewing the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, has also proposed to widen the definition of children to include adopted children or stepchildren, sons-in-law and daughters-in-law, grandchildren and minors represented by their legal guardians, a Ministry official said.

At present, only biological children and grandchildren come under the Act.

The Ministry has drafted the Maintenance and Welfare of Parents and Senior Citizens Draft Bill, 2018, which will supersede the existing Act.

The draft Act also proposes doing away with the upper limit of ₹10,000 a month in maintenance, thus making it variable.

“Those who earn well can and should shell out higher amounts for the upkeep of their parents. Also the definition of the term ‘maintenance’ should go beyond providing food, clothing, housing and healthcare and include safety and security of parents,” the official said.

Elderly parents can approach a maintenance tribunal if their children neglect or refuse to maintain them.