This article is written by Atishay Jain, a former UPSC aspirant and a core member of the ApniLaw team. With a deep interest in public welfare laws and senior citizen rights, the article presents clear and practical insights on complex legal provisions like the Maintenance and Welfare of Parents and Senior Citizens Act. For any personal queries or suggestions, feel free to reach out to us through our official channel.
What Is Section 24 Of the Senior Citizen Act?
- Anyone responsible for the care or protection of a senior citizen who intentionally abandons them in any place faces legal action. The law treats such neglect seriously.
- The offender may face up to three months of imprisonment. A fine of up to ₹5,000 may also apply. In some cases, the court may impose both penalties.
What Constitutes Abandonment Under Section 24?
- Abandonment occurs when a person responsible for the care or protection of a senior citizen intentionally leaves them in any place with the intent of wholly abandoning them. The term “wholly” signifies complete and total neglect, not just temporary or partial separation.
- Total Neglect. The act must involve complete disregard for the senior citizen’s well-being, without making any arrangements for their care.
- Intentional Act. There must be a clear intention to abandon the senior citizen, not merely relocating them for their benefit or care.
- If a person arranges transportation for a senior citizen to stay with another family member who will care for them, it does not constitute abandonment. However, leaving a senior citizen alone in a public place without any support or care arrangements would be considered abandonment.
How To File a Complaint Under Section 24?
Who Can File: The senior citizen themselves or any person authorized to act on their behalf, especially if the senior citizen is incapable of doing so.
Where to File: The complaint should be filed before the Maintenance Tribunal or Magistrate having jurisdiction in the area where the senior citizen resides or where the offence occurred.
Procedure:
- Written Complaint: Detailing the facts of abandonment.
- Notice and Hearing: The Tribunal or Magistrate issues notice to the accused and provides an opportunity for both parties to be heard.
- Investigation: Statements of the complainant and witnesses are recorded. An investigation may be ordered if necessary.
- Decision: If found guilty, the accused may face the penalties outlined above.
What Is The Kerala High Court Clarification On Scope of ‘Abandonment’ Under Senior Citizens Act?
The Kerala High Court has ruled that abandoning a senior citizen under Section 24 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 requires total and complete neglect.
Case Background
A woman filed a complaint against her brother, alleging he abandoned their ailing father. She claimed he sent their father in a taxi from Ernakulam to Thiruvananthapuram without ensuring proper care.
Court’s Ruling
Justice Bechu Kurian Thomas clarified the meaning of “abandonment.” He stated that abandonment must involve absolute neglect. The word “wholly” means entirely and in every respect. Therefore, simply sending a senior citizen to another home with proper arrangements does not qualify as abandonment.
The court noted the father was sent to his daughter’s house by taxi. This indicated that care arrangements were made. Hence, there was no total neglect.
Legal Clarification
The court also pointed out that the complaint wrongly mentioned Section 20(3). The correct section for such allegations is Section 24.
Section 24 punishes anyone who leaves a senior citizen with the intention of wholly abandoning them. It requires proof of complete lack of care.
Arguments Presented
Petitioner’s Side:
Advocate KR Vinod argued that the complaint was false and filed with malicious intent. He stressed that transporting the father to another child’s house did not violate the law.
Prosecution’s Side:
The Public Prosecutor opposed dismissing the case early and wanted the matter to go to trial.
Court’s Conclusion
The court observed the complaint was filed by the petitioner’s sister, not the father. It found signs of family dispute rather than genuine concern.
As a result, the High Court concluded no offence of abandonment occurred. The act of sending the father to another child’s house with proper arrangements did not meet the legal standard of abandonment.
Conclusion
Caring for elderly citizens is a vital duty. It shows respect for their lifelong contributions. Seniors offer wisdom, experience, and guidance. By supporting their health and well-being, we strengthen family ties and community values.
Proper elder care reduces loneliness and improves mental health. It also builds a culture of kindness and support. When we care for our elders, we protect our own future. A society that values its seniors thrives together.
