Latest news with #MaintenanceandWelfareofParentsandSeniorCitizensAct
Time of India
2 days ago
- General
- Time of India
Pune seniors knock on collector's door after families abandon them
1 2 3 Pune: An increasing number of senior citizens in Pune are turning to the district collector's office for justice under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, after being harassed, neglected, or evicted by their children — despite having transferred property to them with the hope of receiving care. Since Jan this year, 35 such appeals have been filed, and 20 resolved in favour of the elderly till April, allowing them to reclaim homes or secure maintenance through tribunal orders. Officials said the collector's office receives 20–25 complaints a month, mostly from urban areas, where breakdown of traditional family structures and lack of community support have left many elderly vulnerable. The 2007 Act allows parents aged 60 and above to seek monthly support from children or relatives and includes provisions to void property transfers made under the expectation of care, if those conditions are violated. In one such case, a 72-year-old man who had been verbally abused and ousted from his home by his daughter approached the tribunal. The order went in his favour, directing the daughter to vacate the premises and return possession of the property. In another instance, a widow was abandoned by her daughter-in-law after her son, a govt employee, passed away. Although the daughter-in-law inherited her husband's job and pension, she refused to care for the elderly woman. The tribunal intervened, ordering the daughter-in-law to provide adequate support. "My daughters threw me out of the house I owned. They even took away the compensation I received after an accident. I had no one to turn to," said one complainant, requesting anonymity. "When I learned about this law and filed a complaint with the collector, I finally had hope." Deputy collector Jyoti Kadam, who has been giving hearing such cases, said, "We often find men acting under pressure from their wives. But the law is clear — no child has the right to evict their parent from their own property. Neglect, harassment, or eviction can invite orders of monthly maintenance or even cancellation of property transfers depending on each case." In another ongoing case, an unmarried senior who had gifted her flat to a nephew was harassed and driven out of her home. The case is now before the tribunal. Officials noted that while such incidents are more common in urban areas, rural areas still benefit from joint family structures and community vigilance. The 2007 law designates district collectors as appellate authorities, enabling them to hear appeals against maintenance tribunal orders and grant relief without senior citizens having to approach courts. "This empowers district magistrates and additional district magistrates to intervene directly and protect the rights of the elderly," Kadam added. Ramesh Prabhu, a citizen activist and chairperson of Maharashtra Society Welfare Association, said, "Despite sufficient income, many children neglect their elderly parents. The 2007 Act gives district collectors the power to direct children to provide care. If the elderly has transferred property by way of a gift deed with an obligation of care, the tribunal can cancel such deeds and even attach or sell the property to enforce its orders. " Senior officials said authorities encourage amicable family resolution but make it clear that senior citizens' rights would be upheld. "Dialogue is ideal, but legal protection is non-negotiable," an official added. Pune: An increasing number of senior citizens in Pune are turning to the district collector's office for justice under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, after being harassed, neglected, or evicted by their children — despite having transferred property to them with the hope of receiving care. Since Jan this year, 35 such appeals have been filed, and 20 resolved in favour of the elderly till April, allowing them to reclaim homes or secure maintenance through tribunal orders. Officials said the collector's office receives 20–25 complaints a month, mostly from urban areas, where breakdown of traditional family structures and lack of community support have left many elderly vulnerable. The 2007 Act allows parents aged 60 and above to seek monthly support from children or relatives and includes provisions to void property transfers made under the expectation of care, if those conditions are violated. In one such case, a 72-year-old man who had been verbally abused and ousted from his home by his daughter approached the tribunal. The order went in his favour, directing the daughter to vacate the premises and return possession of the property. In another instance, a widow was abandoned by her daughter-in-law after her son, a govt employee, passed away. Although the daughter-in-law inherited her husband's job and pension, she refused to care for the elderly woman. The tribunal intervened, ordering the daughter-in-law to provide adequate support. "My daughters threw me out of the house I owned. They even took away the compensation I received after an accident. I had no one to turn to," said one complainant, requesting anonymity. "When I learned about this law and filed a complaint with the collector, I finally had hope." Deputy collector Jyoti Kadam, who has been giving hearing such cases, said, "We often find men acting under pressure from their wives. But the law is clear — no child has the right to evict their parent from their own property. Neglect, harassment, or eviction can invite orders of monthly maintenance or even cancellation of property transfers depending on each case." In another ongoing case, an unmarried senior who had gifted her flat to a nephew was harassed and driven out of her home. The case is now before the tribunal. Officials noted that while such incidents are more common in urban areas, rural areas still benefit from joint family structures and community vigilance. The 2007 law designates district collectors as appellate authorities, enabling them to hear appeals against maintenance tribunal orders and grant relief without senior citizens having to approach courts. "This empowers district magistrates and additional district magistrates to intervene directly and protect the rights of the elderly," Kadam added. Ramesh Prabhu, a citizen activist and chairperson of Maharashtra Society Welfare Association, said, "Despite sufficient income, many children neglect their elderly parents. The 2007 Act gives district collectors the power to direct children to provide care. If the elderly has transferred property by way of a gift deed with an obligation of care, the tribunal can cancel such deeds and even attach or sell the property to enforce its orders. " Senior officials said authorities encourage amicable family resolution but make it clear that senior citizens' rights would be upheld. "Dialogue is ideal, but legal protection is non-negotiable," an official added.
Hindustan Times
01-06-2025
- Health
- Hindustan Times
Human rights panel steps in after elderly Gurugram couple found living in neglect
The Haryana Human Rights Commission (HHRC) has taken suo motu cognizance of the alarming condition of a 96-year-old man and his 86-year-old wife, who were allegedly neglected by their son, Rajesh Mitra. The couple has reportedly been left to fend for themselves in their home at Ridgewood Estate, DLF City Phase IV, Gurugram, under the care of two untrained female attendants and without any meaningful medical supervision. Acting on a complaint filed by residents and representatives of the Ridgewood Estate Condominium Association, the commission noted that the couple had been living in a state of grave neglect. Residents reported hearing the elderly man frequently cry out in pain, causing emotional distress not only to his wife but also to other senior citizens living nearby. In response, HHRC chairperson Justice Lalit Batra directed the Gurugram deputy commissioner to form a multi-disciplinary team. This team is to include the Gurugram police commissioner, sub-divisional magistrate, civil surgeon, and district social officer. The team has been tasked with visiting the couple's residence to conduct a comprehensive medical, psychological, and social assessment of their condition. The findings must be submitted to the commission before the next hearing on July 3. The commission's order noted that despite multiple appeals made to the son and local authorities, no substantial action had been taken, necessitating the commission's intervention. Justice Batra expressed grave concern over the prolonged physical and mental suffering endured by the elderly couple. He underscored that such neglect amounts to a violation of Article 21 of the Constitution, which guarantees the right to live with dignity. He emphasised that this issue should not be dismissed as a private family matter but recognised as a serious public human rights concern, especially when society and the state fail to protect vulnerable citizens. Justice Batra also referenced the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, particularly Section 20, which obligates the state to ensure adequate healthcare services for senior citizens—such as reserved hospital beds, separate queues, and subsidised treatment. 'If the neglect is found to be intentional, criminal liability under Section 24 of the Act may be invoked against the responsible individual,' Justice Batra added.
Time of India
31-05-2025
- Time of India
Haryana rights panel asks Gurugram district administration to check on ‘neglected' elderly couple
Chandigarh: The Haryana Human Rights Commission (HHRC) has taken note of a 96-year-old man and his 86-year-old wife being allegedly abandoned and neglected by their son, Rajesh Mitra, in DLF City, Phase IV, Gurugram. Acting on a complaint submitted by residents and representatives of Ridgewood Estate Condominium Association, the commission has issued directions to the Gurugram district administration and health authorities to conduct a medical, psychological, and social assessment of the elderly couple. The complaint alleges that the senior citizens were left in a state of grave neglect, relying solely on two female attendants, without proper medical supervision. The elderly man is often heard crying out in pain, causing severe emotional trauma not just to his wife but also to other senior residents in the vicinity. Despite repeated appeals to the son and local authorities, no effective action was taken, prompting the intervention of the commission. HHRC chairperson Justice Lalit Batra (retd) expressed concern over the prolonged mental and physical suffering endured by the couple, calling it a blatant violation of Article 21 of the Constitution, which guarantees the fundamental right to live with dignity. He emphasized that such situations are not "private family matters", but public human rights concerns, especially when society and the state fail in their shared responsibility to protect vulnerable citizens. Justice Batra highlighted provisions under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, particularly Section 20, which obligates the state to provide adequate healthcare services to senior citizens, including reserved hospital beds, separate queues, and subsidised treatment. If intentional abandonment is established, the commission noted, criminal liability under Section 24 of the 2007 law may be invoked against the responsible party. The commission also directed the deputy commissioner, Gurugram, to constitute a multi-disciplinary medical and welfare committee, comprising the commissioner of police, local sub-divisional magistrate, civil surgeon, and the district social welfare officer (also designated as maintenance officer under Section 20 of the 2007 law). This team is instructed to visit the residence and conduct a comprehensive assessment of the couple's physical, emotional, and social condition, said the commission, which has sought a status report and long-term action plan for the couple's treatment, care, and rehabilitation before the next hearing on July 3. MSID:: 121536856 413 |
Time of India
29-05-2025
- Time of India
‘Harassed' by son, Goregaon woman (78) attempts suicide
Mumbai: Allegedly tired of being repeatedly yelled at by her son, a 78-year-old woman attempted suicide at her Goregaon home. Goregaon police registered an FIR against her son under Maintenance and Welfare of Parents and Senior Citizens Act. This is the second incident in a week of a senior citizen being harassed by their child. TOI had on Wednesday reported about a 73-year-old Dahisar resident being assaulted by his son over a property dispute, which left both his legs fractured. Shanti (name changed) lives in a joint family comprising her 91-year-old husband, her 57-year-old daughter who is unmarried, her 59-year-old son, his wife and their two children at Goregaon. Her second son, who is 50, resides on the upper floor of the house with his wife and two kids. Shanti works in the packaging unit of a factory. She and her daughter are the only earning members in the household. Her older son is unemployed and an alcoholic. The FIR said he often picked fights with Shanti and her husband over trivial issues. Shanti and her daughter would complete all household chores before going to work. On May 23, around 7am, Shanti was filling water for the day when her older son started yelling at her for "ruining his life". He hurled expletives at her and asked her to move out of the house. Shanti was shaken and asked him to stop fighting as the day had just begun. She retired to another room to take rest. Her husband confronted their older son, but he yelled back at him. Later, Shanti left for work without a word to anyone. She borrowed Rs 500 from her employer and asked for a day off under the pretext of having guests at home. She used the money to purchase rat poison. On May 25, while her daughter was away for a medical checkup, Shanti mixed the rat poison with water and consumed it. Soon, she started to throw up. When her daughter returned home, she rushed Shanti to a private hospital. Shanti was admitted in the ICCU and treatment was started. An FIR was lodged against her older son the next day. Activist Sailesh Mishra, who runs a non-profit for welfare of senior citizens, said domestic harassment of senior citizens is not uncommon in Indian homes, but the elderly hesitate to lodge a complaint. "There is shame associated with talking about abuse. At times, police may also advise the family to settle the matter," Mishra said. He added that more awareness should be created on the legal consequences of harassing or abusing a senior citizen. "Housing societies also have a responsibility towards a senior citizen in distress. Maintenance and Welfare of Parents and Senior Citizens Act has a clause where police can take action suo motu," he said.
Time of India
09-05-2025
- General
- Time of India
Told to pay more than brother for mom's care, man moves HC
Ahmedabad: Reminiscent of the movie "Baghban", a dispute over caring for elderly parents reached the Gujarat high court where a son's mathematical approach to filial duty collided with judicial wisdom. A govt schoolteacher challenged his obligation to pay more for his elderly mother's maintenance than his younger brother. He found it unfair that the district authorities had ordered him to pay Rs 7,000 as monthly maintenance to his mother whereas his sibling, who had an equal share in the family's 'assets', was required to pay only Rs 3,000. His contention: Since the 'assets' had been equally distributed between them, the 'liabilities' must also be equally the court showed him the door, saying paying a couple of thousands more to an aged mother should not be so troublesome for a son for it to become an "ego issue". The two brothers living in Aravalli district entered into an MoU in the presence of their family members. By this agreement, the assets of their father were divided equally and the liabilities too — the elder brother would look after the father, whereas the mother would live with the younger one, mirroring the heart-wrenching division of filial obligations as portrayed in "Baghban".After their father passed away, their 79-year-old mother submitted an application to the additional collector and sub-divisional magistrate (SDM) under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act , 2007, seeking Rs 40,000 as monthly maintenance from her two sons and Rs 2 lakh towards expenditure for her knee replacement surgery. Operation Sindoor PM Modi meets NSA, chiefs of armed forces amid spike in tensions with Pak India's air defence systems shoot down Pak drones in J&K, Punjab & Rajasthan Several airports in India to be closed till May 15 - check list She stated that her elder son was a govt schoolteacher and therefore had income that supplemented his earnings from Sep 17, 2024, the SDM ordered the woman's elder son to pay her Rs 7,000 and the younger one to pay Rs 3,000 per month. Both brothers were directed to share the medical expenses of the mother elder son unsuccessfully appealed before the district collector. This brought him to the HC, where his counsel contended that the authorities passed the orders without giving any reasoning and that the liabilities should have been fixed on both sons equally. The maintenance order should be quashed because it was unfair. The mother highlighted only the petitioner's income, but she did not say anything about his brother's income, he Justice Mayee pointed out from the authorities' order that the petitioner is a govt schoolteacher and earns from the agricultural land as well, but he has not been able to establish that his younger brother had any extra income other than from agriculture. "No infirmity can be attached to the said reasoning of the impugned orders. The impugned orders are just and proper," the HC order reads.
