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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

Researchers Develop Novel Method to Predict Mortality in Elderly

The quantification of the immune system's ageing is a complex challenge that requires multidimensional monitoring over time

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FILE - An elderly couple walks down a hall in Easton, Pennsylvania, Nov. 6, 2015. -VOA

Researchers have developed a method to assess the “age” of patients’ immune systems, thus predicting mortality in older adults.

According to researchers from the Israel Institute of Technology (Technion), the immune age is a kind of biological clock that will help identify an early weakening of the immune system.

The new model will help devise preventive measures to reduce disease and mortality, Xinhua news agency reported.

In the study, Technion scientists, along with a team from the Stanford University in California, were able to quantify the changes in the immune system that happen over the years.

In nine years, they characterised the immune systems of 135 healthy people of different ages once a year and built a model that quantifies these changes in a specific person.

The data enabled the researchers to quantify the immune age in an index called “IMM-AGE score”, which provides information that the chronological age cannot tell.

Representational image for elders.
New method developed to help predict mortality in elderly. Pixabay

Using the new method, the team quantified the immunisation age of more than 2,000 elders.

The researchers believe that with the new method, they will also be able to characterise genes that affect immunisation age, and even identify lifestyle, habits and medications that affect the “age”.

With an increase in inflammatory processes, the human body undergoes slow and constant functional weakening of the immune system.

Also Read- Sri Lanka Warns of Extreme Heat Amid Rising Temperatures

Ageing of the immune system has devastating consequences, including an inability to cope with infections and an increased risk of chronic diseases such as cancer.

The quantification of the immune system’s ageing is a complex challenge that requires multidimensional monitoring over time. (IANS)