The National Human Rights Commission, in a matter of the death of an elderly woman due to the alleged neglect by her children, has issued notices to the Chief Secretary, Director General of Police, Secretary, Department of Social Justice and Director of Social Justice, Government of Kerala and District Collector, Thiruvananthapuram.
The Commission has observed that the act of the children of elderly woman, reported to be highly placed officers in the Government of Kerala, if true, is not only inhuman but also illegal. As per the extant laws, it is the duty of the children to maintain and take care of their aged parents.
The Commission has also observed that apparently, the police and administrative functionaries failed to enforce the provisions of the 'Maintenance and Welfare of Parents and Senior Citizens Act, 2007' and the 'Kerala Maintenance and Welfare of Parents and Senior Citizens Rules 2009', which resulted in violation of the Right to Life of the victim elderly woman.
The Commission took the cognizance of the matter on a complaint, accompanied by media reports. She was forced to live in Saranalayam 'Tapasya' run by the Sree Narayana Women's Cultural Association at Thiruvananthapuram. The children did not turn up to her even when she was hospitalized and refused to perform the last rites, when she died in a hospital on the 24th January, 2016.
Requesting for the Commission's intervention in the matter, the complainant also referred to the 'Maintenance and Welfare of Parents and Senior Citizens Act 2007' passed by Parliament as well as the 'Kerala Maintenance and Welfare of Parents and Senior Citizens Rules, 2009' for the protection, welfare and maintenance of Parents and Senior Citizens.
The Commission also came across a Circular No. 16/2010 dated the 11th March, 2010 issued by the Director General of Police, Kerala laying down certain duties/responsibilities of the police to ensure strict enforcement of the Act and Rules.