Ensure elderly couples are not harassed: HC to DC, SSP

Saurabh Malik

Tribune News Service

Chandigarh, August 20

In an extraordinary judgment, the Punjab and Haryana High Court has directed the UT Deputy Commissioner (DC) and the Senior Superintendent of Police (SSP) to ensure that elderly couples are not harassed by “officials”. The High Court also minced no words to say that ageing was a major social challenge, and more attention was required to be given to the care and protection of the elderly. Justice Amit Rawal also called for making provisions to set up more old age homes for providing maintenance to “the indigent older persons”.

Their children were also directed “to maintain law and order” and not to attempt “abuse and cause harassment to their parents”. The directions came after Shamsher Singh and another petitioner, in their plea against the Chandigarh Administration, alleged that they were being harassed by the police after orders were passed by the Deputy Commissioner to the Station House Officer of the Sector 39 police station to ensure safety of their life and property.

The petitioners, both senior citizens, were seeking directions to the UT District Magistrate for execution and enforcement of provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and the rules framed by the Chandigarh Administration.

Directions were also sought for execution and enforcement of the orders passed by the Deputy Commissioner in pursuance of their petition for protecting life and property. The court was told that the issue hovered around property in Maloya village.

  Justice Rawal asserted that orders were passed by the Deputy Commissioner to the Sector 39 SHO to depute a sub-inspector to visit the petitioners’ house at regular intervals to ensure the safety of their life and property.

“It has been submitted that the petitioners being senior citizens are abused, much less, being harassed by the police in pursuance of the orders passed from time to time and in this regard, complaints have been sent to the Inspector General of Police, but no action has been taken so far. The same allegations had been made against the SHO concerned....”

Disposing of the petition, Justice Rawal directed the Deputy Commissioner and the SSP to ensure the safety of life and liberty and prevent harassment “by the respondents or by any other officials at the instance of the respondents”.

 Justice Rawal also granted the petitioners the liberty to approach the court in case of non-compliance of the directions. Before parting with the order, Justice Rawal asserted: “Due to withering of the joint family system, a large number of elderly persons are not being looked after by their family and they are exposed to emotional neglect and lack of physical and financial support. there is a need to give more attention to the care and protection of older persons and thus, an obligation is on the persons who inherit the property of their aged relatives to maintain them.....”