Growing old is an irreversible process which every human being has to encounter. Nobody can escape it. Besides, that getting old has numerous issues relating to social security like health care, maintenance, financial aspects and etc. Every elderly person being also a human being is entitled to certain rights. The violations rights of elderly person are concomitant with violations of human rights. Although, the India Constitution under Article 41 provides that the State within its economic capacity and development shall provide public assistance in old age but this is merely an obligation which cannot be enforced. Obviously the judiciary through its decisions has championed the cause of elderly persons. But elderly person don’t enjoy any fundamental right of their own, best suited to address their insecure state of being. No doubt their rights come within the purview of Article 21 but the need of the hour is a holistic socio legal approach to safeguard the rights of elderly people.