The Allahabad High Court, in recognition of India’s historical association with the legendary figure Shravan Kumar, who sacrificed his life for his elderly blind parents, recently underscored the cultural and societal values within India that accentuate the responsibility of caring for the elderly.
The bench, comprising Justice Mahesh Chandra Tripathi and Justice Prashant Kumar, emphasized that children bear the obligation to adequately care for their elderly parents. They expounded that this responsibility is not solely rooted in values but constitutes a “bounden duty” prescribed by law.
These observations were made in response to a writ petition submitted by an 85-year-old individual named Chhavinath, who lamented mistreatment by his sons and the dispossession of his assets instead of receiving the care and emotional support he deserved in his twilight years. It was noted that Chhavinath had already filed a plea with the Sub-Divisional Magistrate in Prayagraj seeking redressal for his grievances, a matter still pending consideration.
In light of the petitioner’s grievances, the Court concluded the writ petition by directing the relevant Sub-Divisional Magistrate to adjudicate the petitioner’s plea in compliance with the law, following a comprehensive examination involving all concerned parties, within a period of six weeks.
Before concluding, the Court referenced the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which mandates that children are legally obligated to care for their elderly parents, preserving their dignity and demonstrating respect during their later years.
Furthermore, the Court observed that, in numerous instances, children neglect their elderly parents once they inherit property from them. In this context, the Court alluded to the story of Shravan Kumar from the ancient Hindu epic, the Ramayana, who is renowned for his unwavering devotion and care for his parents.
“When an old parent gifts his hard-earned property, at the time when he is old, weak, ill, almost not earning, dependent & weary, it is not only expected but the donee children are both under moral and legal obligation and bounden duty to take care of their donor parent. 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.”
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