Face 3 months in jail for abusing aged parents

Abusing aged parents and failing to provide for their upkeep will now attract an imprisonment of up to three months or a penalty of Rs500 or both. The state government has published the Maintenance and Welfare of Parents and Senior Citizens (MWPSC) Rule, 2010, in a notification dated June 23.

Satish Gawai, principal secretary, ministry of social justice and empowerment, published the rule as per central government directives. According to the rule, 35 tribunals will be set up in 35 districts of the state and 607 tribunals will be set up across India aimed at making provisions for the maintenance and welfare of senior citizens recognised under the constitution. It also mentions the setting up of one old age home in each district.

“The tribunals will function like courts. Till now, the only comparable act was the Hindu Adoption and Maintenance of Parents Act, 1956, where Rs500 was given for the maintenance of aged parents. That act was toothless. So, it was necessary to bring out the new rules. Kolkata has already set up a tribunal,” said Sheilu Sreenivasan, a member of the four-member committee that is reviewing the National Policy of Older People (1999).

The tribunal will deal with the cases differently compared to other courts. “Ordinary courts have a backlog of cases, but this tribunal is exclusively for abused and neglected senior citizens. The district magistrate will have sweeping powers in setting up the tribunal. The tribunal head will be a lawyer from any of the courts and function like a judge,” Sreenivasan said.

“After the presiding officer at the tribunal hears the case, it will be referred to the conciliation officer, who will be a representative of an organisation registered under the Societies Registration Act, 1960, or an NGO working for the aged.

“It’s like a court where you have to register yourself for being heard. But unlike a court, you don’t have to bring a lawyer. Any citizen can register for you. At the time of hearing, the abuser and the abused should be present. The biggest challenge is to get the abuser in court. So it requires a great deal of persuasion from NGOs to bring both parties before the tribunal.”

“The silver lining, however, is that the tribunals must resolve cases within three months to ensure speedy justice for the aged,” said Prakash Borgaonkar, joint director, HelpAge India.