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Rajinder Gupta Urges Legal Safeguards for Senior Citizens’ Right to Work

‘India’s Ageing Workforce Needs Recognition, Protection and Equal Opportunity’


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New Delhi, January 30

Rajya Sabha MP Rajinder Gupta has raised a significant national concern in the Upper House, drawing attention to the growing policy gap surrounding employment rights for senior citizens in India during the Zero Hour in the Upper House of the Parliament. In his address, Gupta highlighted that India is undergoing a rapid demographic transition, with the population aged 60 years and above having crossed 140 million, a figure projected to rise to nearly 350 million by 2036, as per official estimates.

“With life expectancy in India now approaching 70 years, the nation possesses a vast pool of healthy, skilled and experienced senior citizens who are both willing and capable of contributing productively well beyond the conventional retirement age”, Gupta said. However, he expressed concern that India currently lacks a comprehensive legal framework to address age-based discrimination in employment or to formally recognize the right to work beyond retirement based on ability rather than age.

“While Articles 14 and 16 of the Constitution guarantee equality and equal opportunity, age-based exclusion in employment continues to persist as a policy matter”, Gupta told the House, while adding that the Post-retirement engagement remains largely restricted to ad hoc extensions or short-term contractual arrangements, offering limited security and recognition. He asserted that this situation disproportionately affects senior citizens, particularly in the private sector and across both the formal and informal economy, where legal protection remains minimal.

Drawing international comparisons, Gupta pointed out that several developed nations, including the United States, United Kingdom, European Union, Australia, Canada and Japan have enacted progressive legislation promoting active ageing. “In countries such as Japan, where nearly 29 per cent of the population is above 65 years, age-based employment discrimination has been lifted, enabling continued participation of older citizens in the workforce”, he highlighted.

Urging a timely policy intervention in this regard, Gupta appealed to the Government to initiate a comprehensive legal framework aimed at preventing age-based discrimination in employment, enabling the right to work beyond retirement for willing and capable senior citizens besides creating flexible, dignified and safeguarded employment opportunities. He emphasized that such reforms would not only strengthen constitutional values but would also unlock the vast economic, social and intellectual potential of India’s ageing population.


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