INDIA: Senior citizens to get a willing ear in Chandigarh

. CHANDIGARH, India / The Times of India / August 17, 2009 By Shimona Kanwar, Times News Network Senior citizens in the Union Territory of Chandigarh have a reason to smile. Following a recent announcement by UT administration for implementation of Maintenance and Welfare of Parents and Senior Citizens Act 2007 in the city, there would be immediate hearing of legal disputes pertaining to their grievances. Though the tribunal was set up in January, there was no gazetted notification of rules. The Act had come into effect in 2007 but it was not adopted by the UT. As Manjit Brar, director public relations, noted, “We have adopted this central government Act. This is to expedite complaints of these citizens. The Special District Magistrates (SDMs) of the areas (central, east and south) are the appellant authorities.” In absence of these notified rules for tribunals till now, the procedure was too arduous and took a lot of time. As Amar Vivek, advocate, Punjab and Haryana High Court, said, “Under Section-125 of CrPC for a criminal case before the magistrate, a senior citizen finds it tough to contest. Such cases can be easily managed under a tribunal.” Besides penalizing children who abandon their parents above 60 years of age, that could now invite imprisonment of up to three months or a fine of Rs 5,000, the judgment pronounced by the tribunal cannot be challenged by civil court. The notification reads that the jurisdiction of civil courts is barred from entertaining any matter pertaining to this act. “This also implies that in the long run, the burden on the civil courts would be lessened. However, the maximum compensation or maintenance allowance is Rs 10,000, which is not sufficient in a city like Chandigarh. For amounts higher than this, civil courts could be approached,” Vivek added. The Act empowers senior citizens with the right to demand medical treatment, residence, food and clothing from their children. Elated with the recent notification, Teja Shergill, retired police official from Intelligence Bureau and a senior citizen, noted, “This would certainly speed up disposal of senior citizens’ grievances in the court. People who are deserted by their relatives and children can now legally settle the matter within no time.” [rc] Copyright © 2009 Bennett, Coleman & Co. Ltd