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Parents' Rights: Telangana Chief Minister A. Revanth Reddy recently announced that the state government will introduce a bill in the budget session that will cut the salaries of government employees who fail to care for their elderly parents by 10–15%. This decision is significant because many parents today face neglect from their own children. This raises the question of what legal rights parents have in such situations, allowing them to take action against their children or protect their own rights. In an exclusive interview with NDTV on this issue, Delhi High Court advocate Deepak Thukral explained the laws under which parents can claim their rights and the types of legal action possible against their children. Let's find out...

CrPC Section 125
Advocate Deepak explains that this section clarifies that if a person with sufficient means refuses to provide maintenance to their parents who are unable to care for themselves, the court can intervene. In such a case, parents can appeal to the court to require their children (son or daughter) to provide them with a monthly allowance or money. To do so, parents must prove that the children are earning but are deliberately neglecting them, and that the parents have no independent source of income. In such a case, the magistrate can order the children to pay a fixed amount of maintenance every month after hearing the case. Furthermore, Advocate Deepak explains that parents previously filed their cases in court under this section, and now Section 125 of the CrPC has been removed.

BNSS Section 144
Advocate Deepak explains that the Indian Civil Service Code (BNSS) has now replaced the CrPC. Section 144 of the BNSS is the same provision that was previously Section 125 of the CrPC. Under the new law, elderly parents will now rely on this section for their maintenance.

Senior Citizen Act 2007
According to Advocate Deepak, the most powerful law for the protection and maintenance of parents is the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. This law gives parents the legal right to demand maintenance, care, and a dignified life from their children. He explained that the responsibility for hearing and adjudicating cases under this Act lies with the SDM (Sub-District Magistrate) and ADM (Additional District Magistrate) of the district. Under this law, if children do not care for their parents, parents can directly approach the SDM/ADM and demand maintenance. Children may also be required to pay a monthly maintenance amount to their parents.

Furthermore, if parents have transferred any of their property, land, house, or other important documents to their children, and the children subsequently mistreat, neglect, or abuse them, the parents have the right to take back that property or document. According to this law, if children do not respect and care for their parents, parents have the right to cancel the gift deed or property transfer. Parents can also revoke their children's right to reside in their property and have their property or house vacated.

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