Abandoning parents violation of Constitution's Article 21: Haryana Human Rights Commission

Under Section 4 of the Act, senior citizens are entitled to claim maintenance from their children. Representational Pic

The Haryana Human Rights Commission has issued a directive in favour of an elderly couple who have accused their son and daughter-in-law of sustained harassment, neglect, abandonment, and coercion to transfer property.

According to the complaint, despite being aged and suffering from severe health conditions requiring multiple surgeries, the couple has been subjected to isolation, verbal abuse, and psychological trauma while living under the same roof with their son and his wife in Panchkula.

The complainants, an 82-year-old man and his 72-year-old wife, approached the commission seeking urgent intervention against sustained harassment, neglect and abandonment by their son and daughter-in-law.

The complainants have alleged that the accused pressured them to transfer ownership of their self-acquired residential property and taunted them to leave for an old-age home.

A false case of domestic violence was also filed to harass the complainants, they alleged.

They had also filed an application for eviction under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, before the Senior Citizen Tribunal in Panchkula on January 18, 2025.

Under Section 4 of the Act, senior citizens are entitled to claim maintenance from their children; Under Section 23, any property transferred on the condition of care, if not fulfilled, can be declared null and void; while Section 24 makes it a punishable offence to abandon a senior citizen, the Commission noted.

Justice Lalit Batra, chairperson of the commission, noted that such treatment is not only a violation of the 2007 Act but also a gross infringement of Article 21 of the Constitution of India, which guarantees the right to live with dignity.

In his order of July 15, Justice Batra said, "Forcing elderly parents to live in fear without food or care in isolation within their own property constitutes a gross violation of their human rights. The psychological abuse, denial of basic necessities and coercion to surrender property against their will are not only morally reprehensible but also legally indefensible."

The commission also finds prima facie evidence of abuse and wilful neglect, and the complainants deserve immediate protection and their right to live peacefully in their home should be ensured without delay, he added.

It has directed the deputy commissioner of Panchkula to ensure immediate protection of the elderly couple, expedite proceedings before the Senior Citizen Tribunal, provide necessary administrative assistance and submit an action-taken report to the Commission before the next date of hearing.

The next hearing in the matter has been scheduled for September 23, and copies of the commission's order have been sent to the deputy commissioner and commissioner of police, Panchkula, for necessary compliance, said Puneet Arora, the protocol, information and public relations officer of the commission.

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