Orissa HC Reaffirms Duty Of The Local Authorities To Protect Senior Citizens

In a significant move to safeguard the elderly parents from harassment by their son, the Orissa High Court has intervened and directed the local police to act decisively. The ruling sends the message that administrative apathy in the case of elder abuse will not be tolerated. This is the reality of modern society, where ageing parents often find themselves vulnerable to domestic disturbances caused by their children. The ruling is a reminder of the protections available to seniors under the Maintenance and Welfare of Parents and Senior Citizens Act (MWPSC), 2007.

The case was filed by a Rourkela-based elderly couple (62-year-old husband and his 56-year-old wife). The couple said that their son and daughter-in-law reside in the same house, which is built on the husband’s self-acquired property. Allegedly, the elderly couple is subjected to continuous harassment by their son and daughter-in-law. So, to seek safety and execute their right to live peacefully, the elderly couple approached the court to request police protection and ensure their well-being.  

The petitioner’s counsel argued that it is the statutory duty of the police to ensure the welfare of senior citizens, especially when they are facing domestic disturbances in their homes. According to a report by the Times of India, the couple sent a formal complaint via speed post to the Inspector In-Charge (IIC) of the Plantise police station on November 9, 2025. The counsel argued that despite the notification, local authorities neither took any action regarding this nor provided protection to the elderly.

Justice Savitri Ratho observed that when a complaint discloses a cognizable offence, the police have a duty to register a case and investigate the matter rather than asking for new complaints. Referring to Section 4(2) of the Senior Citizens Act, 2007, under which children are legally obligated to take care of their parents and ensure that they lead a normal life, the court emphasised that the Superintendent of Police (SP) is responsible for the well-being of senior citizens within such SP’s jurisdiction. Thus, they must act to ensure the protection of the elderly.  

In the judgment, the court directed the Rourkela SP and the IIC of the Plantsite police station to officially register the elderly couple’s complaint and provide them protection. It also granted power to the authorities to assist the petitioners in exercising eviction proceedings under the 2007 Act, if the dispute remains unresolved.