Can laws lift India’s elder care?

India is entering an ageing era. With more than 138 million citizens already aged over 60, the question of who will care for the elderly is becoming increasingly urgent.

The recent Telangana Employees Accountability and Monitoring of Parental Support Bill, 2026, has brought this issue into the policy debate.

The legislation requires government employees, private sector workers and public representatives to provide financial support and care for their elderly parents.

Non-compliance may lead to salary deductions of up to 15% or Rs 10,000, whichever is lower. It reflects a growing concern about the neglect of senior citizens in a rapidly changing society. However, it raises an important question: can legal enforcement alone address the deeper economic and demographic changes reshaping family care in India?

For generations, Indian society relied on the family as the primary institution responsible for caring for older persons. Cultural norms, intergenerational reciprocity, and moral expectations ensured that children supported their ageing parents. The family functioned as an informal social security system, reducing the need for extensive intervention by the State.

This arrangement, however, is increasingly under strain. India’s population is ageing as life expectancy rises and fertility rates decline. Against this demographic shift, the Telangana legislation attempts to convert a long-standing moral obligation into a legally enforceable one. From a perspective of law and economics, such measures seek to influence behaviour by altering incentives. When legal consequences reinforce responsibility, individuals are more likely to internalise obligations that might otherwise be neglected.

This approach builds upon the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which already recognises the legal duty of children to maintain their parents. The Telangana proposal strengthens enforcement by linking compliance directly to employment and income. Yet the broader question remains whether legal accountability alone can address the structural changes that affect family care.

The economics of family care have changed significantly over the past few decades. In traditional joint families, caregiving responsibilities were shared among household members and economic activities were often located close to home.

Modern economic structures operate differently. Urbanisation, migration, and expanding labour markets have reshaped family arrangements. Nuclear households have become more common, and younger generations frequently live far from their parents because of education or employment opportunities.

Another important factor is the rising opportunity cost of caregiving. As more women participate in the workforce and households increasingly depend on dual incomes, the time required to care for elderly parents often conflicts with professional commitments. Caregiving, therefore, involves not only moral responsibility but also significant economic trade-offs.

These changes are reflected in the living arrangements of older persons. A growing number of elderly individuals now live alone or only with a spouse, indicating greater vulnerability among senior citizens. Many remain financially dependent on their children, while access to pensions and organised long-term care services remains limited.

When families struggle to provide adequate care to the elderly, the consequences rarely remain confined within the household. The burden often shifts to public hospitals, welfare programmes, and charitable organisations. In economic terms, when families cannot provide care, a part of the cost is borne by society through public spending and social support systems. This broader impact shows why elder care can no longer be treated solely as a private family matter.

An enabling policy

The Telangana Bill reflects an important effort to protect senior citizens, but legal penalties alone cannot fully address the realities of elder care. Financial deductions may enforce responsibility, yet caregiving involves far more than monetary transfers. Elderly parents often require emotional support, physical assistance, and sustained interaction: these are elements that cannot easily be mandated through law.

Policies focused solely on punishment may overlook the structural pressures that families face. Migrant workers and urban households often find it difficult to provide continuous care due to geographic distance and demanding work schedules. In such situations, legal obligations may ensure compliance without necessarily improving the quality of care.

A sustainable response, therefore, requires a broader ecosystem of support. Governments can expand community-based elder care services and home-based healthcare programmes. Strengthening pension coverage and social security schemes would reduce financial dependence among elderly citizens. Encouraging assisted living facilities and regulated elder care services could also help meet the growing demand for long-term care.

Workplace policies are equally important. Flexible work arrangements and caregiver leave can help employees balance professional commitments with family responsibilities, making family support more feasible.

(The writer is an associate professor [Economics] and Director, Centre for
Economics, Law and Public Policy at National Law University, Jodhpur)

Disclaimer: The views expressed above are the author's own. They do not necessarily reflect the views of DH.