Can Children Be Penalised For Not Maintaining Their Parents?

Recently, an elderly couple, a 96-year-old man and 86-year-old wife has been reportedly abandoned by their son, who is living abroad. The elderly husband and wife live in Gurugram and are in poor health conditions, physically and psychologically. Per several media reports, when a resident of the society made a complaint, the Haryana Human Rights Commission (HHRC) directed the health authorities and district administration to help the elderly.

The son is not reachable. While the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 lays down provisions to protect senior citizens by ensuring maintenance and care in old age, what can be done if a senior is not maintained by their children or relatives?

What Does The Act Protect Seniors Against Abandonment By Children Or Relatives?

The Act stipulates punishment rules for failing to support parents. Section 24 of the Act outlines the penalties related to this. It says, “Whoever, having the care or protection of senior citizen leaves, such senior citizen in any place with the intention of wholly abandoning such senior citizen, shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both.”

The Senior Citizens Act stipulates the maintenance of parents by their children or relatives. However, what would happen if children don’t maintain parents? In India, parents usually depend on their children for physical and financial needs. However, there are several instances where children abandon their parents in old age, considering them a burden. The risk of abuse also rises when parents are financially dependent on children. In such cases, seniors must know their right to be maintained by their children or relatives.

Here is what experts say. 

Says Tushar Kumar, Advocate, Supreme Court of India: “The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a welfare-centric legislation enacted with the avowed object of ensuring that senior citizens and parents are not left destitute and neglected in the twilight of their lives.”

He explains, “Section 4 of the Act imposes a statutory obligation on children, both sons and daughters (including those who are adoptive or step-children), and in certain cases relatives, to maintain their aged parents and provide for their needs, which includes provision for food, clothing, residence, medical attendance, and treatment. Where such maintenance is not voluntarily rendered, the senior citizen or parent may initiate proceedings under Section 5 before the Maintenance Tribunal, which has been constituted under the Act to provide swift and efficacious relief. The Tribunal, upon satisfaction that the children have sufficient means but have neglected or refused to maintain their parent(s), may pass an order directing monthly maintenance, subject to such limits as may be prescribed by the State.”

Can Children Be Penalised For Not Maintaining Their Parents?

Aviral Kapoor, Partner, Alagh & Kapoor Law Offices, explains, “Children and relatives can face penalties for non-compliance. If they fail to pay the ordered maintenance, they can be sentenced to imprisonment for up to one month or until the payment is made. Additionally, abandoning a senior citizen is a criminal offence, punishable with imprisonment for up to three months, a fine of up to Rs 5,000, or both. Proposed amendments in the 2019 Bill aim to increase these penalties.”

Kumar adds that in terms of Section 5(8) of the Act, if, after the issuance of a maintenance order, the person against whom it is issued fails to comply without sufficient cause, the Tribunal may issue a warrant for the recovery of the amount due or impose imprisonment for one month or until payment is made, whichever is earlier. These provisions underline the seriousness with which the Indian legal framework treats the abandonment or neglect of elderly persons by those legally and morally obligated to care for them. The proceedings are summary in nature, prioritising swift justice and practical relief over procedural formalities, recognising the urgent and often fragile condition of elderly litigants.

What Is The Role Of The Human Rights Commission In Such Cases?

The National HRC or State HRC can take ‘suo moto cognisance’ if they find ill-treatment or abuse towards the elderly. Kumar says, “Governmental bodies are expected to comply with the recommendations of the commissions.”

In the aforementioned case of an elderly couple, the HRC intervened and directed the authorities to take action. However, authorities have no binding to follow HRC direction but are expected to do so. With the rising senior population and changing family structure, the need of the hour is to ensure minimum financial security for all and stringent and faster implementation of rules.