Legal mandates promote filial eldercare in India and China, yet judicialization reveals complex socio-legal tensions amid changing family structures.
Author
Deblina Dey, Associate Professor, Jindal Global Law School O.P. Jindal Global University, Sonipat, Haryana, India; Wenner-Gren Foundation for Anthropological Research, New York, United States
Summary
Population ageing is a policy concern in India and China, two of the fastest-growing economies in the world. In both countries, care for older family members is considered to be the prerogative of the family. However, neglect, abuse and loneliness among older people in both these countries have been reported frequently in contemporary times. This is often attributed to changing familial structures and the absence of familial caregivers. To combat this situation, the state has enacted laws to ensure care is provided to parents by adult children. The primary objective of this chapter is to understand the role that law plays in promoting filial values and the socio-legal implications of the same. I have relied on government databases, internet resources and a few interviews to structure my arguments. Drawing parallels between the socio-legal scenario of eldercare in India and China, I have critically analysed the different forms and courses that the juridicalisation of eldercare has taken in the two contexts.
Published in: The Routledge Handbook of Contemporary Ageing Issues: Global and Country Narratives
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