No law to protect parents below 60 years: PIL

New Delhi: A 57-year-old man has moved the Delhi high court claiming absence of a law for the protection of parents, who are not yet senior citizens, from hostility and violence by their children.

A bench of acting chief justice Gita Mittal and justice C. Hari Shankar sought the AAP government’s stand on the plea, which also wants that the term ‘senior citizen’ to include parents who have not yet attained that status as they are below 60 years of age.

The court directed that he be given police protection when he visits his house where he has not been staying as he apprehended threat to his life at the hands of his 34-year-old younger son. The bench sought a status report from the police by November 27 on the man’s allegations against his younger son.

The petitioner, G.S. Rawat, has alleged that his younger son, along with some associates, had severely assaulted him and tried to kill him when he refused to sell his house and give the proceeds to him. He claimed despite lodging a complaint, the police had failed to act against his son. The petitioner, represented by advocate Ashok Agarwal, also claimed that while he was hospitalised after the assault, his son broke into the house and forcibly occupied it.

In his plea, Mr Rawat has said he does not want any maintenance from his son, but only wants to live in peace. He claimed he cannot avail any benefit under the Maintenance and Welfare of Parents and Senior Citizens Act as it caters only to parents who have attained the status of senior citizen. 

The plea sought striking down of the provision in the Act which creates the distinction between parents who are senior citizens and those who are not. The Act doesn’t contain any provision to meet the needs of persons like him, who don’t seek any maintenance from their children but only wish to live in peace. He said such people need to be protected from violent children who are only interested in grabbing their properties.