Forcing elderly parents to live in fear, without care, on own property constitutes gross human rights violation: Haryana panel

Indian Express

6 days ago

Forcing elderly parents to live in fear, without food or care, on their own property constitutes a gross violation of their human rights, the Haryana Human Rights Commission (HHRC) has ruled while referring a case of a Panchkula-based elderly couple to the police commissioner.
'The psychological abuse, denial of basic necessities, and coercion to surrender property against their will is not only morally reprehensible but also legally indefensible,' Justice Lalit Batra, Chairperson of the commission, noted in an order released on Monday.
The commission asked the Panchkula police to give immediate protection to Arjan Dev Aggarwal, 82, and his wife Vijay Aggarwal, 72, who have approached it seeking urgent intervention against alleged harassment, neglect, and abandonment by their son and daughter-in-law.
The couple, residents of Panchkula Sector 9, alleged that their son and daughter-in-law used abusive language against them and that their children who reside in the same house do not care for and support them 'despite [their] advanced age and serious health ailments including multiple surgeries'.
The couple further alleged that their son and daughter-in-law pressured them to transfer ownership of their self-acquired residential property and taunted them to leave for an old age home.
The commission said in the order that a false case of domestic violence had also been filed to harass the elderly couple.
Referring to various legal provisions under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, the commission said, 'Senior citizens unable to maintain themselves are entitled to claim maintenance from their adult children. The obligation of such children extends to ensuring that the parent may lead a normal life. Where the child or relative is in possession of the property or stands to inherit it, the duty to maintain becomes binding and proportional.'
The commission's order further stated, 'Where a senior citizen has transferred property subject to the condition of being cared for and such care is not provided, the transfer is deemed to have been made under coercion or undue influence and is liable to be declared void by the Senior Citizen Tribunal.'
'Whoever having the care or protection of a senior citizen leaves and abandons senior citizen with the intention to wholly abandoning them is punishable with imprisonment or fine,' the order read.
The commission recommended that the matter be urgently forwarded to the Panchkula deputy commissioner with the directions to provide the elderly couple with immediate protection through the police or other authorities, 'ensuring that they are not subject to further harassment or abuse'.
The commission also recommended that the deputy commissioner 'expedite the proceedings pending before the Senior Citizen Tribunal, Panchkula, and extend all necessary administrative support so that the complainants may obtain effective relief without delay'.
The commission also sought an action-taken report before the next date of hearing in the matter, September 23, 2025.