Senior Citizen Protection Law Not Applicable to Property Dispute with Neighbours: Allahabad HC

Ishak Vs State of U.P. and 4 others (Allahabad High Court)

The petition before the Allahabad High Court was filed by a senior citizen seeking directions against the authorities to ensure protection of his life and property. The petitioner argued that private respondents were obstructing him from constructing a gate on his property and were allegedly issuing threats. Relying on Rule 21 of the Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Rules, 2014, the petitioner contended that it was the duty of the authorities to provide protection. He further referred to Sections 20 and 21 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, submitting that these provisions were intended to safeguard senior citizens not only from children and relatives but also from any person causing distress to them.

The State was represented by counsel during the proceedings. Upon examining the submissions, the Court noted that the petitioner’s grievance was essentially related to alleged obstruction by neighbours in constructing a gate on his property. The Court observed that this situation did not require the discharge of duties by administrative authorities under Rule 21 of the 2014 Rules.

The Court examined the purpose and scope of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Act was enacted in response to social changes, particularly the weakening of the traditional joint family system, which had led to many elderly persons being neglected by their families. The statement of objects and reasons of the Act states that many older persons are forced to live alone and may face emotional neglect, as well as physical and financial insecurity. To address these concerns, the Act was introduced to provide more effective provisions for the maintenance and welfare of parents and senior citizens as recognized under the Constitution.