My elderly mother in Shimla is being neglected by my brother, what does the state senior citizens welfare law provide?
NI Asked by Nitin Khanna from India
Quick Answer
Senior citizens welfare is governed by Himachal Pradesh Rent Control Act 2012 read with the central Maintenance and Welfare of Parents and Senior Citizens Act applicable in Shimla.
Detailed Legal Analysis
Senior citizens welfare is governed by Himachal Pradesh Rent Control Act 2012 read with the central Maintenance and Welfare of Parents and Senior Citizens Act applicable in Shimla. The Himachal Pradesh 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 Himachal Pradesh High Court.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.