|
Contributed by Helen L.M.
Chin
 KUALA LUMPUR, 10 March: True to the tenet of ensuring that proposed laws
are legislated to serve the needs of society and move with society trends, the
Law Reform and Special Areas Committee held a public forum to gather views of
senior citizens and professionals involved with the welfare of the elderly.
Approximately 50 people from non-governmental organisations,
retirement homes, senior citizen clubs, universities and government departments
attended the forum at the Bar Council Auditorium and participated actively.
However, it was sad to note that very few lawyers besides the organising
committee members were present despite several announcement notices earlier.
The opening message by Yeo Yang Poh, the Chairman of Bar Council who noted that
in our society nowadays, senior citizens are sometimes revered but sometimes are
regarded as 'excess baggage' in some families set the mood for healthy debate
when he invited participants to consider how society should go about resolving
problems peculiar to aging population through formulating appropriate
legislation or improving cultural values of respecting the elderly.
Dato' M. Ramachelvam, the Chairman of the Law Reform and
Special Areas Committee emphasised on the importance of the subject in the light
of society's needs. Participants were very keen generally and one participant
professed to be touched to his soul by the eminent speakers and called for a
more altruistic society. Session chairmen, Su Tiang Joo and RV Lingam were
called to exercise their dexterity of thought and leadership in moderating the
question and answer sessions skillfully. Needless to say, they had very good
support from Lee Swee Seng who was his usual eloquent self.
Gerontologist, Prof. Madya Dr. Tengku Aizan binti Hamid of Universiti Putra
Malaysia stressed that the number of older persons has increased from 1.03
million in 1991 to 1.73 million in 2005. Based on Statistics Department data,
the proportion of people aged 60 years or over is expected to increase to 9.9%
of the total population by 2020 as compared to 4.8% in 1960.
Emphasising that laws are essential to protect senior
citizens, she pointed out that specific legislation for older persons already
exist in the Philippines, Thailand, Singapore, Australia, Israel, Canada and
United States.
To ensure an effective national policy for the well being of
older persons, other professionals besides lawyers should be involved to achieve
social inclusion rather than exclusion of the elderly in our society.
Cognisant of the family structure where both the child and
the spouse would be working, Prof. Madya opined that resources on a community
level be explored to support the elderly.
Welfare Department Elderly and Family Division Director, Nik Omar bin Abdul
Rahman informed participants of the National Advisory and Consultative Council
for Older Persons under the chairmanship of the Minister of Women, Family and
Community Development for drawing up programmes to protect the elderly and
improve their quality of life through subcommittees for social and recreation,
health, education, training and religion, housing, research and publicity.
During question time, he disclosed that elderly persons
without sources of regular income and without any offspring capable of
supporting him / her is eligible to receive the "Bantuan Orang Tua" of
RM200 per month from Welfare Department. Administrative delays in payment of the
monthly allowance and the inadequacy of this amount in the light of rising costs
for basic living were highlighted by participants and the speaker noted it for
the attention of the consultative council at its next meeting on 13th March
2007.
Dr. S. Chandra Mohan a practising lawyer and former District Court Judge as
member of the Tribunal for the Maintenance of Parents in Singapore enlightened
forum participants on the working of the Maintenance of Parents' Act 1995 in the
island state.
It places the obligation on the child / children of the
elderly citizen as the first line of support instead of the state and is based
on the equitable principle that a child should financially support a parent if
the parent has supported him. Provisions for mediation conducted in a
non-adversarial manner, in privacy and dignity are hallmarks of the system. A
parent aged 60 years and over who is unable to maintain himself / herself is
entitled to apply for a maintenance order or the application may be made by the
Commissioner for the Maintenance of Parents or any approved organization or
person in whose care the parent resides. The Maintenance Order is enforceable as
District Court Orders and variation of maintenance orders as well as appeals can
be filed in the High Court.
The Asian model of laws for maintenance of parents and elderly persons in India
was highlighted during the forum. According to a press article in the Times
of India, New Delhi on February 23, 2007 the Cabinet in India had on 22
February 2007 cleared the Maintenance and Welfare of Parents and Senior
Citizens' Bill imposing a jail term of three months and a fine payable by
children who refuse or fail to provide a life of dignity to their elders. It
provides for offenders under this Act to lose his / her rights of inheritance
for not taking care of his / her elders. The age limit for elderly parents
entitled to maintenance orders is 60 years but it includes parents below the age
of 60 years if they need care by their offspring due to sickness or other
reasons.
Dr. Raj Karim representing SUHAKAM referred to various international plans of
action including the Copenhagen Plan of Action, the UN Principles for Older
Persons vide Resolution 46/91 at Geneva and the International Plan of Action on
Ageing Population vide United Nations Resolution 37/51 December 1982 subscribed
to by the Malaysian Government which hold that all people should have adequate
economic and social provisions including the disabled and the aging population.
She emphasised that diseases associated with ageing can be
very debilitating especially for women. Social problems highlighted include the
loneliness experienced by elderly commonly referred to as "empty nest syndrome"
when children grow up and lead their own lives or migrate from rural to urban
areas and when the elderly spouse passes away. Dr. Raj asserted that whilst
responsibility for the care of the elderly parent is to be on the child, the
state should provide housing facilities for older people near the residence of
their children, community day care centres for elderly people and opportunities
for willing and capable older persons to participate in the community and
community clubs. In New Zealand and Japan, there is no compulsory retirement age
and there is a Register of Volunteers of Older Persons. Other provisions
recommended by SUHAKAM are the imposition of more severe sentences by court for
offenders guilty of abusing or assaulting older persons and that the Government
adopts the tribunal approach in Singapore for maintenance of parents and / or
the Australian model as well. Her final observation was on the practice in Samoa
where community and family support is so strong that legislation is not
required. Being devoted Christians predominantly, the inhabitants of Samoa are
faithful in observing a regular family prayer time and adopting a healthy
lifestyle.
Husain b. Haji Anjang Pulau, Secretary General of the Government Pensioners'
Association lamented the general indifference amongst the general public to
problems of senior citizens in the family structure and in daily activities.
Moral training to inculcate respect for the elderly is felt to be urgently
needed. To protect senior citizens, he surmised that specific legislation and
amendments to existing legislation are required urgently. He referred to the
Pensions Act 1980 (Act 227) Section 22(1) where the maximum pension is capped at
half of last drawn salary amongst several other provisions.
Participants were chagrined when it was pointed out that
ministers' pensions were based on their full salaries for each position held
during his/her term of office after five years of service and that in Sri Lanka,
retirees' pensions are based on the last drawn salaries.
Adjunct Professor Puan Mehrun Siraj of International Islamic Universiti Malaysia
held a unique view when she asserted that poor parenting is the cause of the
failure of children to care for their elderly parents. As such, she advocates
that training for filial piety in children has to start from young in the family
and in the community through the media. However she feels that maintenance of
the elderly should be a family responsibility and failing that, the state should
shoulder the task of providing for the elderly. For implementing legislation
relating to maintenance of senior citizens, many programmes to promote
understanding of the statutory responsibility and other provisions involves are
important. In order to adopt the Singapore tribunal approach, Malaysia needs to
have sufficient manpower trained in family mediation techniques and counseling
practices. She stressed that the state should organize a nationwide survey to
obtain an overall view of society's needs in this respect.
Other demands requested by participants related to automatic entitlement to full
medical benefits, 50% discount on air travel, emphasis on filial piety in
religious education through experiential learning and not ritualistic memorising
and increase in the maximum age limit by commercial banks for housing loan
applications to 75 years as is practised by Citibank and speedier implementation
of statutory provisions to protect senior citizens.
In closing the forum, Ramachelvam thanked the participants and gave an assurance
that the Law Reform and Special Areas Committee would be studying the
deliberations and submit a memorandum to the Government of Malaysia in due
course.
 |
Committees 
Subscribe to this comment's feed
Circular No 109/2012: Be a Part of the Bar Council Constitutional Law Committee
