Case Law Details
Dr. Krishna Pal Singh (Senior Scientist) & Another Vs. State Of U.P. (Allahabad High Court)
Maintenance of Parents & Senior Citizens Act- DM to ensure the protection of life and property of senior citizens to enable them to live with security and dignity
It is common knowledge that the plight of senior citizens in our country is deplorable. They are being regularly subjected to harrassment, physical & mental torture and regular abuse at the hands of their very own children. The Government was forced to legislate the Maintenance of Parents & Senior Citizens Act, 2007 to enable the elders to lead a peaceful & honourable life. The Rules to the Senior Citizens Act have also been made to enable easy implementation of the objectives of the Act. However, it is a matter of concern that the desired results have not been achieved. One main reason is lack of due awareness of the Act and the apathy of the administration which was mandated to administer the new law.
Recently the Allahabad High Court has categorically held that DM is obligated to provide protection & security to senior citizens under Senior Citizens Act, 2007. At the very outset, it is relevant that Section 22 of the said Act empowers the DM to ensure that the provisions of the said Act are properly carried out. It would be trite to reproduce the relevant portion of the rule 21 which reads as under:
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श्री मान लडके की बहु ने हमारे उपर दहेज का झूठा केस फिर में जा कर कर रखा है हम चाहते हैं की कोई ऐसा कानूनी सलाह दे कि हम उसे अपने यहाँ कोर्ट अथवा पुलिस में किस धारा में केस उसके तथा उसके परिवार पर सच्चा केस करें…