My elderly mother in Nainital is being neglected by my brother, what does the state senior citizens welfare law provide?

Detailed Legal Analysis

Senior citizens welfare is governed by Uttarakhand Rent Control Act 2011 read with the central Maintenance and Welfare of Parents and Senior Citizens Act applicable in Nainital. The Uttarakhand High Court has held that children are legally bound to maintain their parents and refusal invites a maintenance order.

Your mother can file a maintenance application before the tribunal constituted under the statute. The tribunal can order monthly maintenance and even evict a child from the parent's property.

The state must establish at least one old age home per district. Neglect of a senior citizen is also a cognisable offence under the statute.

The order of the tribunal is executable as a civil court decree and appealable to the Uttarakhand High Court.