Friday, June 12, 2009

Plea on Act to take care of parents

By S A Ishaqui

Hyderabad, June 11: The AP High Court, on Thursday, admitted a writ petition challenging some of the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act 2007.

A division bench comprising Justice Ghulam Mohammed and Justice Vilas V. Afzulpurkar, while admitting a petition filed by a voluntary organisation - Centre for Alternative Dispute Resolution and Education (Cadre) , issued a notice to the Union government to explain its stand on the petition within three weeks.

The court sought to know from the authorities how a simple phrase in the Act which was threatening to nullify the very purpose of the Act crept into the rule book.

The new Act was brought into force in order to protect the lives and properties of older people. According to the new Act, parents who are neglected by their sons and relatives after properties are transferred to them, can either get maintenance from the transferees of such property or reclaim the property through a simple process and as a matter of right.

The petitioner challenged Section 23 (1) of the Act. The relevant Section says that this was applicable to only those old people who transfer their property after the commencement of this Act.

Mr N.V. Ananth Krsihan, counsel for the petitioner, told the court that this was discriminatory and rendered the Act helpless for those who had transferred their properties prior to the Act.

He urged the court to remove the phrase “after the commencement of this Act”, from the Act and make it applicable to all those who are suffering after transferring their properties.

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