"In our traditional society, duties of children towards one's parent were considered as a debt owed to them," the Court added.
India's traditional norms and the values held by Indian society prioritizes the responsibility of looking after one's aged parents and the elderly, observed the Allahabad High Court recently [Chhavinath v State].
Justices Mahesh Chandra Tripathi and Prashant Kumar opined that when old parents gift their hard earned property to children at a time when they (parents) are weak, ill, and may not be earning, the children are under a moral and legal duty to look after the parents.
“Our nation has been a land of culture, value & ethics. It is the land of the legendary 'Shravan Kumar' who sacrificed his life for his blind parents. The traditional norms and values of India society emphasize the duty of taking care of elders. In our traditional society, duties of children towards one's parent were considered as a debt owed to them," the Court added.
The Court further noted that the obligation of the children to look after their parents is not only based on values. Rather, this bounden duty has been prescribed by the law through the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the Court pointed out.
Under this Act, children are bound to look after their elderly parents and to uphold their dignity and respect them in their old age, the Court said. The Court also flagged concern that in several cases, children forsake their elderly parents after acquiring their property.
"Apart from physical vulnerabilities, they face emotional and psychological challenge. On account of these frailties, they are totally dependent on their children. It is often seen that after receiving the property from their parents, the children abandon their old aged parent," the Court said.
The Court made the observation while dealing with a plea filed by an 85-year-old individual named Chhavinath (petitioner) who alleged that he was being mistreated by his children.
He had filed a complaint against his sons claiming that he was unlawfully dispossessed of his property by the children.
He also told the Court that he had already submitted a request to the Sub-Divisional Magistrate in Prayagraj to address his complaint, which was awaiting review.
Taking into consideration the facts, the Court proceeded to direct the Sub-Divisional Magistrate to assess the petitioner's representation in accordance with the law, following a comprehensive consultation with all the parties involved. This process should be completed within six weeks, the Court added.
National Crime Control Bureau, Board Member Pramod Singhania said India is a land of glory. New generation kids shall take their responsibility towards their parents.