A 57-year-old man has moved the Delhi High Court claiming the 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 the petitioner is 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, Ghanshyam Singh 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 his son.
Rawat claimed that 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, Rawat has said that he does not want any maintenance from his son, but only wants to live in peace.
He has further claimed that 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 petition has sought striking down of the provision in the Act which creates the distinction between parents who are senior citizens and those who are not. He said the Act does not contain any provision to meet the needs of persons like him, who do not seek any maintenance from their children but only wish to be allowed to live in peace.
He has also contended that such people need to be protected from hostile and violent children who are only interested in grabbing the properties of their parents and do not care how much suffering they cause.