ELDER ABUSE

BANGLADESH'S elderly population is increasing rapidly. According to the national census of 2011, Bangladesh has a population of about 150 million people, and 7.4% of its population is elder. This percentage of elderly population is projected to increase to 8.0% in 2020, 11.9% in 2035 and it will be an ageing nation when it reaches 17.0% in 2050.

Traditionally, elderly people are revered in Bangladeshi society. However, along with changes to the traditional social institutions, these values of deference and respect of the elderly are also changing rapidly due to the impacts of modernisation and urbanisation. The numbers of nuclear and small size families are increasing while the traditional status and role of the seniors have at the same time reduced.

Elder abuse covers two broad categories- abuse and neglect. Abuse is a positive act, commonly an act of commission, and there is active involvement or interaction on the part of the abuser. Neglect, by comparison is used to describe acts of omission, specifically those with a passive involvement of the abuser. The easiest and most obvious type of abuse is physical abuse, while other types of abuse are less obvious and require further investigation and examination, an example of which being financial abuse. 

In the society of Bangladesh, elder abuse occurs with little recognition or response. Until recently, this serious social problem is hidden from the public domain and considered mostly a private matter. One way in which elder abuse may be reduced or monitored is to ensure that the rights of older persons are protected by laws. 

Under the Contract Act 1872 and the Law of Torts, any mistreatment and failure in caring may be subject to a civil suit. The cause of action may be taken against the management of an institution for a breach in contract to care, even though there might not be a written contract; and damages can be claimed for the wrong done. It is required to bring the institutions (which are providing care to the elders) under legal purview and in that effort to alleviate elder abuse, there is a need to seriously taking cognisance of the relevant provision in the Penal Code under which a breach of contract may attract criminal liability. 

Elder abuse is also regarded as domestic violence. In Bangladesh, the Domestic Violence (Prevention and Protection) Act, 2010 recognises violence towards elderly, and defines it as a breakdown in social relations between an older person and his or her family. While this legislation stands out as an important adult protection law it, nonetheless, loses out as an enforcement mechanism, thus limiting its utility as an intervention into adult abuse cases. Even though, the government has enacted the Act but the application of this Act is not strongly visible in the society. Moreover, only older women may take action under this Act and lodge a report. 

The most significant Act to ensure the wellbeing of the elders is the recently enacted Parents' Maintenance Act, 2013. This is the first legislation of its kind which not only recognises the right to maintenance of the parents but also the grandparents in the absence of parents from both father and mother side. The Act is considered a significant improvement to ensure the wellbeing of the elders and prevent them from abuse especially financial abuse but, the Act is not fully successful due to some inherent loopholes. For example, the Act does not specify the amount of maintenance. This creates problems and confusion in the society like Bangladesh where the economic discrimination and income disparity is enormous. Besides, there is nothing mentioned in the Act about the maintenance for the parents and the grandparents who do not have any children. Further, the Act only states reasonable amount but did not explain the term reasonable. Additionally, the awareness program about this Act is relatively sparse. As a result, until recently, only a few complaints under this Act have been filed under this Act. 

Bangladesh faces an uphill task in addressing elder abuse. Therefore, the first priority would be to have a comprehensive legal framework or regime followed and supported by designated agencies or institutions for implementation purposes. Certainly, the best way forward to show the real and full commitment to the issue at hand is to enact a model law like the Elder Justice Act 2010 of the USA. The U.S. Congress has enacted this legislation to address and overcome the issue elder abuse, neglect and exploitation through a comprehensive legal regime and mechanism.

The writer is PhD Candidate at the Faculty of Law, University of Malaya, Malaysia.