ABSTARCT OF ABUSE AND MISTREATMENT
Elder abuse and mistreatment both are the type which is usually done by custodian, within the family, or in the assisted living facilities and it can happen to any person regardless of any age, sex, caste, race, religion, or culture, etc. Possible signs of elder abuse comprise unexplained injuries, burns, and concussions.(ABSTARCT OF ABUSE AND MISTREATMENT)
There may also be bedsores and inadequate hygiene; the person may become withdrawn, incited, and humiliated. It results in thousands of grown-ups over the era of 60. There may be unexpected modifications in a person’s monetary condition. Avoid, Abhor and Annihilate Elder Abuse”
INTRODUCTION OF ELDER ABUSE AND MISTREATMENT
Elder abuse:-
“A single, or repeated act, or lack of lawful action, occurring within any bonds where there is an expectation of trust which results in harm or trouble to an older person”.- WHO
Elder mistreatment:-
Intentional actions, by a caretaker or a person in a trust relationship, that cause destruction or create a severe risk of harm, whether or not intended, to a helpless elder.
It’s a type of abuse that is insufficiently investigated by government agencies is unrecognized underfunded and for many is undefined at its core elder abuse is any form of mistreatment that results in harm or loss to an older person to help prevent elder abuse we need to understand the different types of abuse and how to recognize the signs elder abuse can be broken down into five general categories physical, neglect and financial. If its not stopped it will be a problem for your future. There are various types of elder abuse –
Physical abuse: –
The term elder physical abuse is defined as the intended use of muscular force against an elderly person that results in physical harm, which can also lead from physical pain to death.
Emotional abuse: –
It includes the caregiver saying hurtful words, yelling, threatening, or repeatedly ignoring the older person, etc.
Sexual abuse: –
Means forcing an older adult to watch or be part of sexual acts.
Financial abuse:-
The examples of this abuse are numerous this type of abuse preys on the vulnerability of our elderly loved ones, the financial abuse we usually see may come from hurried caregivers scams or even family members themselves elder abuse prevention is improving with awareness knowledge and action however more needs to be done.
Neglect: –
Ignoring or not responding to the needs of older persons.
India is a country that is based on values and ethics, where the system of joined family prevails. Indian culture is automatically respectful and supportive of elders, so old age was never being a problem for India but with the growth in Indian culture, the women of the house who were earlier busy with their household works are now getting change as the women are now more career-oriented.
Though the old person residing in the house not getting care and attention. As they are not in a position to work or earn to fulfill their needs they have to depend on their children and have to suffer abuse or mistreatment.
Elderly abuse or mistreatment on the rise in India people leave their parents alone and move in another country they don’t even care about them when they are helpless, some people use to fight with their parents without any reason, threaten or beat them, dump them in old age home forcefully, etc. They don’t even go there to meet them even if their parents die. “Nobody care behind the closed doors”?
ELDER ABUSE AND MISTREATMENT OF INTERNATIONAL PERSPECTIVE (ABSTARCT OF ABUSE AND MISTREATMENT)
Hong Kong: –
In Hong Kong according to a study the scholar find out that the prevalent form of elder mistreatment was verbal abuse, despite the fact the violation of personal rights and physical abuse were comparatively infrequent.
California: –
In California, the persons above the age of 65 years are considered as the elder. The elder abuse includes civil and criminal abuse under California law. When a person willfully inflicts unjustifiable physical pain or mental suffering on the elder and willfully causes a situation in which the health of the person is endangered.
Then this is known as criminal mental abuse. Whereas, under civil law, elder abuse includes biological abuse, neglect, withdrawal, absconding, financial abuse, forsaking, or any other method occurring in hurt, discomfort, or cognitive suffering to an elder.
Australia: –
According to systematic and empirical data, 14% of older Australian experience elder abuse. The frequent elder abuse is within the family and in different age group, in Australia, psychological abuse appears less frequent than financial abuse.
CASE LAWS RELATED WITH ABUSE AND MISTREATMENT
1. R. v. Rockett:-
It was an application by the Crown for leave to appeal from the 42-month sentence inflicted on Rockett commemorating his guilty pleas to 15 charges. Rockett went on a 10-year crime escapade across Canada, between 1997 and 2007. He extorted aged people of residues they paid him to do work on their properties.
The Court found that the sentencing judge did not give proper weight to the annoying factor that the respondent intentionally planned to present on and harass “the most helpless in our community, the elderly”. Leave to request was consented and an appeal was allowed. A penalty of 62 months was imposed.
2. Sunny Paul vs State of NCT Delhi
The Hon’ble Delhi High Court recently in the year 2015 in Sunny Paul vs. State of NCT Delhi held that the children who abuse and mistreatment their parents while staying with them in their house can be evicted from the property and upheld the order of the Tribunal.
3. Senior Citizen Welfare Organization & another v. State of Uttarakhand & Anr.
In this case, the High Court of Uttarakhand has laid down some mandatory directions regarding the maintenance of old age homes for senior citizens.
CONCLUSION OF ABUSE AND MISTREATMENT (ABSTARCT OF ABUSE AND MISTREATMENT)
Elder abuse is a widen International problem with various expressions in different countries and cultures, the various laws related to elders includes the Elder Justice Act of 2009, the Violence Against Women Act established federal domestic violence crimes that may be applied in cases of elder abuse, Indian Penal Code, 1860 and Maintenance and Welfare of Parents and Senior Citizens Act, 2007, etc.
The intent of the law is to promote high-quality care and prevent substandard care. The law also seeks to ensure that the rights of senior citizens are respected and protected. People should be aware of how to behave with the older person or care about them. They don’t value them in pubic place they shout on them, misbehave with them. If you don’t respect them today, you will be treated in the same way tomorrow.
“Elder Abuser will be abused in later Years – History will repeat surely”
Article By
Nishi Agrawal
Team LAW VACCINE
Reference – http://europepmc.org/article/med/1760797