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Delhi High Court rules that Adult Children abusing their Parents can be evicted from the House

Abusive adult children can be now evicted by the parents from their house, ensuring a normal life for the elderly

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Funds of Rs 100 crore allocated for the treatment of rare diseases. Wikimedia

New Delhi, Mar 19, 2017: The Delhi High Court ruled that adult children abusing their parents can be evicted from the house if they do so while staying with them in their property.

In the ruling, Justice Manmohan specified that the house doesn’t necessarily need to be self-acquired or owned by the parents, mentioned PTI report.

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The court said,” As long as the parents have legal possession of the property, they can evict their abusive children,” maintaining the fact that the “courts have always acknowledged the rights of senior citizens or parents to live peacefully and with dignity.”

In 2007, a law gave State Governments the power to draft rules to  protect the life and property of senior citizens. This rule is a major amendment to the same.

The court came to the  verdict after hearing an appeal filed by a former alcoholic policeman and his brother, challenging an order of the Maintenance Tribunal given in 2015, to evict the two from the residence where their old and ailing parents lived.

The brothers had contended that the tribunal had exceeded its jurisdiction in passing the eviction order as there was no claim for maintenance and the relief was granted only on the allegations of physical assault, maltreatment, harassment and forceful ouster of their parents from the property.

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The alcoholic’s services were terminated from the Delhi Police. He said that even in a case of parental abuse, an eviction order could not be passed as per the Maintenance and Welfare of Parents and Senior Citizens Act 2007.

Interpreting the provisions of the Act, the court said,”senior citizens’ maintenance tribunal can issue eviction order to ensure that senior citizens live peacefully in their house without being forced to accommodate a son who physically assaults and mentally harasses them or threatens to dispossess them”.

The court passed a 51-page long judgement, noting that the directions to evict the adult children from the house were necessary in certain cases like the one being considered, in order to ensure a normal life for senior citizens.

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The court found that the Delhi government’s rules allowed a senior citizen to complain to district authorities to evict abusive children only from a self-acquired property, despite the fact that the Act makes no such distinction and gives protection to parents even in a rented accommodation.

The court, consequently, directed the Delhi government to amend its rules and formulate an action plan to protect the life and property of senior citizens.

The court stated “the Act, 2007, amongst other remedies, provides for eviction of adult children in cases of parental abuse, like in the present case,” and asked the SDM concerned and SHO, police station Civil lines, to ensure that the sons were evicted from the house immediately.

-Prepared by Nikita Saraf, Twitter: @niki_saraf

Next Story

New York City’s Mandatory Measles Vaccination Order Stands Still

The health department's lawyers argued that quarantining was ineffective because people carrying the virus can be contagious before symptoms appear.

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Materials are seen left at demonstration by people opposed to childhood vaccination after officials in Rockland County, a New York City suburb, banned children not vaccinated against measles from public spaces. VOA

Brooklyn judge on Thursday ruled against a group of parents who challenged New York City’s recently imposed mandatory measles vaccination order, rejecting their arguments that the city’s public health authority exceeded its authority.

In a six-page decision rendered hours after a hearing on the matter, Judge Lawrence Knipel denied the parents’ petition seeking to lift the vaccination order, imposed last week to stem the worst measles outbreak to hit the city since 1991.

The judge sided with municipal health officials who defended the order as a rare but necessary step to contain a surge in the highly contagious disease that has infected at least 329 people so far, most of them children from Orthodox Jewish communities in the borough of Brooklyn.

Another 222 cases have been diagnosed elsewhere in New York state, mostly in a predominantly ultra-Orthodox Jewish neighborhood of Rockland County, northwest of Manhattan.

The New York outbreaks are part of a larger resurgence of measles across the country, with at least 555 cases confirmed in 20 states, according to the U.S. Centers for Disease Control and Prevention.

Health experts say the virus, which can cause severe complications and even death, has spread mostly among school-age children whose parents declined to get them vaccinated. Most profess philosophical or religious reasons, or cite concerns — debunked by medical science — that the three-way measles-mumps-rubella (MMR) vaccine may cause autism.

The judge rejected the parents’ contention that the vaccination order was excessive or coercive, noting it does not call for forcibly administering the vaccine to those who refuse it.

He also dismissed assertions in the petition disputing the “clear and present danger” of the outbreak. “Vaccination is known to extinguish the fire of contagion,” the judge said.

FILE PHOTO: A sign warning people of measles in the ultra-Orthodox Jewish community of Williamsburg in New York City, April 11, 2019.
A sign warning people of measles in the ultra-Orthodox Jewish community of Williamsburg in New York City, April 11, 2019. VOA

Secret identities

The vaccination order, which was extended this week, requires residents of certain affected Brooklyn neighborhoods to obtain the MMR vaccine unless they can otherwise demonstrate immunity to measles, or face a fine.

The court challenge was brought in Brooklyn’s Supreme Court by five people identified only as parents living in the affected neighborhoods. Their identities were kept confidential to protect their children’s’ privacy, their lawyers said.

In court on Thursday, they told Knipel the city had overstepped its authority and that quarantining the infected would be a preferable approach.

Robert Krakow, an attorney for the parents, estimated that just 0.0006 percent of the population of Brooklyn and Queens had measles. “That’s not an epidemic,” he said. “It’s not Ebola. It’s not smallpox.”

The health department’s lawyers argued that quarantining was ineffective because people carrying the virus can be contagious before symptoms appear.

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The vaccination order, which was extended this week, requires residents of certain affected Brooklyn neighborhoods to obtain the MMR vaccine unless they can otherwise demonstrate immunity to measles, or face a fine. Pixabay

The judge cited 39 cases diagnosed in Michigan that have been traced to an individual traveling from the Williamsburg community at the epicenter of Brooklyn’s outbreak.

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The surge in measles there originated with an unvaccinated child who became infected on a visit to Israel, where the highly contagious virus is also running rampant.

The number of measles cases worldwide nearly quadrupled in the first quarter of 2019 to 112,163 compared with the same period last year, the World Health Organization said this week. (VOA)