Elderly Citizens in Nepal Remain Deprived of Rights Despite Constitutional Guarantees and Laws

Elections have been held multiple times in Nepal since the restoration of democracy in 2046 BS. Although the welfare of senior citizens is frequently highlighted in the manifestos of political parties in every election, the elderly continue to be deprived of their rights and entitlements.

While provisions like the social security allowance have provided some relief to senior citizens, many report being deprived of various other services and facilities.

As the upcoming House of Representatives election on Falgun 21 approaches, there is anticipation regarding what provisions related to the welfare of senior citizens will be included in the party manifestos.

Laxu Sharma, Branch Officer at the District Coordination Committee Kaski and local resource person for the Ministry of Women, Children and Senior Citizens, informed that the Senior Citizens Act, 2063 defines a Nepali citizen who has reached 60 years of age as a senior citizen.

According to the 2078 BS census, Nepal's total population is 29,164,578, with the number of senior citizens aged 60 and above being 2,977,318.

Stating that senior citizens constitute 10.21 percent of Nepal's total population, Sharma said, "While the annual average population growth rate is 0.92 percent, the annual growth rate for senior citizens is 3.5 percent."

She noted that the declining number of children and the increasing number of senior citizens in Nepal's population indicates a potential transformation into an aging society in the near future.

Kusumkeshav Parajuli, former central secretary of the Senior Citizens Federation and chairman of the Pokhara Old Age Home, stated that despite various laws being enacted targeting senior citizens recently, their effective implementation has been lacking.

He mentioned that although senior citizens' rights are ensured by laws and acts, their deprivation persists due to the ineffective implementation of these provisions.

He urged that in the upcoming elections, political parties must clearly articulate provisions for the welfare of senior citizens in their manifestos and commit to the effective implementation of existing laws.

Article 41 of Part 3 of the Constitution of Nepal explicitly states the fundamental right of senior citizens: 'Senior citizens shall have the right to special protection and social security from the state.'

He emphasized that despite the constitutional guarantee of fundamental rights for senior citizens, along with the Senior Citizens Act and related laws, their ineffectiveness in implementation leads to the deprivation of entitled services, which requires everyone's attention.

Senior citizens complain that even though the Senior Citizens Act of 2063 BS and subsequent regulations in 2068 BS were enacted, they are still unable to access services guaranteed in areas like health and transportation.

The Senior Citizens Act clearly stipulates that the owner or operator of any public transport vehicle, designated by the Government of Nepal through public notice, must reserve at least two seats for senior citizens and provide them with at least a 50 percent discount on the fare. They complain that despite this legal provision, they are deprived of this benefit due to its ineffective implementation.

Senior citizens also report that services mentioned in the Act and regulations, such as those in healthcare and other sectors, are not being utilized in practice.

The Government of Nepal issues Senior Citizen Identity Cards through the Ministry of Women, Children and Social Welfare to citizens who have crossed 60 years of age based on their citizenship.

Ambikaprasad Bhattarai, Secretary of the Senior Citizens Stakeholder Society Nepal, stated that although concessions in healthcare, transportation, and other sectors are supposed to be available based on the identity card issued by the state, the lack of effective implementation results in deprivation of legally entitled concessions.

He pointed out that although those above 60 are considered senior citizens, facilities like medical treatment are often only available to those above 70, and even those available benefits are not effectively realized. He stressed the need to end the discriminatory situation where some receive benefits upon turning 60 while others must wait until 70, depending on class and community.

He suggested that help desks should be established in every government office targeting senior citizens, and the state should focus on creating an environment where senior citizens can live with dignity in every home, rather than just opening old age homes.

"It is necessary for the benefits provided to senior citizens under social security to reach their homes through employees and elected representatives," he said. "The state must seriously address the situation where many senior citizens are deprived of entitled benefits because they are physically unable to leave their homes."

He suggested that in the upcoming elections, political parties must clearly specify the effective implementation of existing laws concerning senior citizens and the services that can be provided to them in their manifestos.

Chandra Krishna Kamacharya, founding president of the Lekhnath Chamber of Commerce and Industry, states that while various institutional and individual efforts are being made regarding the welfare of senior citizens recently, emphasis must be placed on the effective implementation of laws enacted by the state. He believes that the rights and entitlements of senior citizens can be ensured through the effective implementation of the law.

---