Abstract
“This research article examines the intricate relationship between technology, surveillance, and elder abuse in India, analysing its legal implications in the digital age. Structured across six sections, the study provides a comprehensive exploration of how digital tools both exacerbate and mitigate elder abuse. Section 2 investigates the nexus between technology and elder abuse, highlighting how digital platforms can enable financial exploitation, emotional abuse, and privacy violations, while also offering solutions like monitoring systems for elder safety. Section 3 identifies critical challenges, including inadequate legal protections, privacy infringements, and the vulnerability of elderly individuals to technology-driven abuse. Section 4 evaluates existing Indian laws, such as the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and their limitations in addressing technology-related elder abuse. Section 5 analyses the role of Indian courts, particularly the Supreme Court, in shaping legal responses through landmark judgments that address privacy, financial fraud, and elder rights. By integrating legal analysis with empirical data, the article underscores gaps in current frameworks and proposes reforms. Section 6 concludes with actionable recommendations for policymakers, legal practitioners, and stakeholders to enhance protections for the elderly, including stronger data privacy laws, technology-specific regulations, and awareness campaigns. This study contributes to the discourse on elder rights and digital governance in India, advocating for a balanced approach to leveraging technology while safeguarding the dignity and security of the elderly in an increasingly digital society.”
Keywords: Elder Abuse, Technology, Surveillance, Legal Implications, Digital Governance.
I. Introduction
The rapid advancement of digital technologies has transformed nearly every facet of human life, from communication and healthcare to financial management and social interaction. In India, a country with a burgeoning digital economy projected to reach $1 trillion by 2030, the integration of technology into daily life has brought unprecedented opportunities and challenges.[1] Among these challenges, the intersection of technology, surveillance, and elder abuse has emerged as a critical area of concern, particularly from a legal perspective. Elder abuse, traditionally understood as physical, emotional, or financial mistreatment of older adults, has taken on new dimensions in the digital age. The proliferation of surveillance technologies, such as closed-circuit television (CCTV) cameras, biometric systems, and internet-enabled devices, has introduced novel mechanisms for both perpetrating and detecting elder abuse.[2] While these technologies can enhance the safety and care of elderly individuals, they also pose significant risks, including privacy violations, data exploitation, and technology-facilitated abuse. In India, where the elderly population is projected to reach 194 million by 2031[3], the legal framework must evolve to address these emerging threats while balancing individual rights and societal interests.
Elder abuse in India is a multifaceted issue rooted in cultural, social, and economic dynamics. Traditionally, Indian society has revered its elderly, with multigenerational households providing a support system for older adults.[4] However, rapid urbanisation, nuclear family structures, and economic pressures have eroded these traditional safeguards, leaving many elderly individuals vulnerable to neglect, exploitation, and abuse.[5] The advent of digital technologies has further complicated this landscape. For instance, financial scams targeting the elderly through phishing emails, fraudulent apps, or unauthorised access to bank accounts have surged, with the Reserve Bank of India reporting a 25% increase in cyber fraud cases between 2020 and 2023.[6] Similarly, surveillance tools, such as home monitoring systems and GPS trackers, intended to ensure elderly safety, have been misused to invade privacy or exert control. The absence of comprehensive data protection laws and inadequate legal safeguards exacerbate these vulnerabilities, raising questions about the adequacy of India’s legal framework in addressing technology-driven elder abuse.[7]
This research article is structured into six sections to provide a comprehensive analysis of the legal implications of technology, surveillance, and elder abuse in India. Section 2 examines the nexus between technology and elder abuse, exploring how digital tools facilitate both abuse and prevention. Section 3 identifies key issues, including privacy violations, financial exploitation, and gaps in legal protections. Section 4 reviews existing laws related to elder abuse and technology-driven abuse, with a focus on their limitations. Section 5 analyses the role of Indian courts, particularly the Supreme Court, in addressing these issues through landmark judgments. Finally, Section 6 offers conclusions and actionable suggestions for policymakers, legal practitioners, and stakeholders to strengthen protections for the elderly in the digital age. By integrating legal analysis with empirical data, this article seeks to contribute to the discourse on elder rights and digital governance in India.
[1]Available at https://www.pib.gov.in/PressReleaseIframePage.aspx?PRID=2097125.
[2]Beach, S. R. (2017). The Role of Technology in Elder Abuse Research. Elder Abuse: Research, Practice and Policy, 201-214.
[3] Sharma, H.L. & Lal, Shyam. (2024). Ensuring Dignity in Old Age: A Pathway to Social Security for Senior Citizens.
[4]Shah, G., Veedon, R., & Vasi, S. (2013). Elder abuse in India. Elder Abuse, 101-118.
[5]Seth, N., Yadav, A., Adichwal, N. K., & Kamble, S. B. (2019). Elder abuse and its association with socio-demographic variables in India. Clinical epidemiology and global health, 7(2), 188-191.
[6]Ministry of Home Affairs, Available at https://www.pib.gov.in/PressReleaseIframePage.aspx?PRID=2003158.
[7]Shah, G., Veedon, R., & Vasi, S. (2013). Elder abuse in India. Elder Abuse, 101-118.