Live Law

Daughters Are Daughters Forever, Sons Are Sons Till They Are Married': Bombay HC Upholds Direction Under Senior Citizens Act

To Son To Vacate Flat Of Elderly Parents

Sharmeen Hakim19 Sep 2021 9:43 AM

The Court said that the Senior Citizens Act protects the right of elderly parents to have a "normal life" free from harassment.

The Senior Citizens Act mandates that children or relatives are obligated to cater to the needs of the senior citizens so that they 'live a normal life', free of any harassment, the Bombay High Court said, directing a Mumbai resident and his wife to vacate his elderly parents' flat within a month.

The Court observed that the man and his family living on his 90-year-old father's property (which has been gifted by him to his daughter) against the parent's wishes was harassment and defeated the parents' right to a 'normal life.' Accordingly, it dismissed the son's appeal against the Maintenance Tribunal order asking him to vacate the premises.

"..Section 4 clearly provide that the obligation of the children or relatives would be to cater to the needs of the senior citizens so that they 'live a normal life'…this would certainly include within its ambit, protection from any harassment and torture meted out by a son or relative by keeping himself on the premises owned by the senior citizens..."

The Court reiterated the old saying about daughters standing by their parents forever but sons sticking around only till they get married.

"Before parting and having noticed that this is a case where the old parents are suffering at the hands of the only son and daughter-in-law, it appears that there is certainly some element of truth in the popular saying that 'daughters are daughters forever and sons are sons till they are married' albeit there would surely be exemplary exceptions," the HC said.

The Court held that the several legal proceedings between the parties are the evidence of the feeling of torture and harassment by the parents. Moreover, the property in question is not an ancestral property on which the son can claim any legal right.

Background

The parents (father aged 90 years and mother aged 89 years) had approached the Maintenance Tribunal, against the harassment by their son. The Tribunal ordered the son and family to vacate the flat in which his elderly parents were residing.

Challenging the Tribunal's order, the son and his family filed a writ petition before the High Court.

At the very outset, the High Court observed that it was a "sad case" and expressed concern at the "misery of the parents"

The son and his family argued the plea on two grounds. First, they claimed that since a local court had already passed an order in the 89-year-old mother's favour not to dispossess her from the house under the Domestic Violence Act, the elderly couple was precluded from approaching the senior citizen's tribunal. Moreover, since the elderly parents had gifted the flat to the daughter, it could not be called the their own property to invoke section 4 of the Act.

The counsel for the parents argued that this was a clear case where the parents at such advanced stage of their lives are tortured and harassed by the petitioner nos. 1 and 2. He cited instances of inhuman treatment being meted out to the parents to grab the flat.

The Court held that the senior citizens would in no manner be precluded approaching the Tribunal, as Section 4 of the Act would include all facets of maintenance. Moreover, the father was not party to the DV proceedings.

"It is thus clear that the intention of the legislature in making such provisions in the interest of senior citizens, covers a wide spectrum of the senior citizens rights, which are fundamental to the their very survival and/or livelihood at their old age. Certainly the Court's approach cannot be narrow and pedantic in applying the provisions of the Senior Citizens Act to the grievances of the senior citizens falling within the ambit of the said Act."

"Normal Life" under Senior Citizens Act has a deeper meaning

Section 4 clearly provide that the obligation of the children or relatives would be to cater to the needs of the senior citizens so that they 'live a normal life'. The words "normal life" as used in these provisions would possess a far deeper and wider concept, deriving its meaning and having a bearing on the fundamental rights of livelihood as guaranteed and enjoyed by senior citizens under Article 21 of the Constitution.

The Court also noted that the term "property" under Section 2(f) mean property of any kind, whether movable or immovable, ancestral or self acquired, tangible or intangible and which would include rights or interest in such property.

The argument that the parents could not assert rights in the flat as they had gifted to their daughter was rejected by the Court noting that they had rights and interests in it.

The Court noted that the son was affluent and had properties of his own. Despite that, he was harassing his elderly parents, who just wanted to lead a peaceful life.

"The present case is a sad story of desperate parents who intend to be in peace at such advanced stage in life. Whether such bare minimum expectations and requirement should also be deprived to them by an affluent son, is a thought which the petitioners need to ponder on", the Court observed.

The Court observed that the the son appeared to be blinded in discharging his obligations to cater to his old and needy parents and on the contrary dragged them to litigation.

"It is painful to conceive that whatever are the relations between the son and the parents, should the son disown his old aged parents for material gains?", the Court noted with anguish.

Case Title: Ashish Vinod Dalal & Ors v. Vinod Ramanlal Dalal & Ors

'Daughters Are Daughters Forever, Sons Are Sons Till They Are Married': Bombay HC Upholds Direction Under Senior Citizens Act To Son To Vacate Flat Of Elderly Parents

'Daughters Are Daughters Forever, Sons Are Sons Till They Are Married': Bombay HC Upholds Direction Under Senior Citizens Act To Son To Vacate Flat Of Elderly Parents: The Court said that the Senior Citizens Act protects the right of elderly parents to have a 'normal life' free from harassment.

'தகுதியான மாணவர்களை ஒதுக்கி முறைகேடாக சேர்க்கை நடத்துவதா?' : டில்லி ஐகோர்ட்

'தகுதியான மாணவர்களை ஒதுக்கி முறைகேடாக சேர்க்கை நடத்துவதா?' : டில்லி ஐகோர்ட்

புதுடில்லி-'மருத்துவம் உட்பட அனைத்து கல்லுாரிகளிலும் தகுதி அடிப்படையில் சேர்க்கைக்கு காத்திருக்கும் மாணவர்களை ஒதுக்கிவிட்டு முறைகேடாக சேர்க்கை வழங்குவது சரியல்ல' என டில்லி உயர் நீதிமன்றம் உத்தரவிட்டுள்ளது.நாட்டில் அனைத்து அரசு மற்றும் தனியார் மருத்துவக் கல்லுாரிகளில் 'நீட்' தேர்வு மதிப்பெண் அடிப்படையில் மாணவர் சேர்க்கை நடைபெறுகிறது.இந்த விதிகளை மீறி மத்திய பிரதேசத்தின் போபால் எல்.என்., மருத்துவக் கல்லுாரி மற்றும் ஆராய்ச்சி மையத்தில் 2016ல் ஐந்து மாணவர்கள் சேர்க்கப்பட்டனர்.அவர்களை கல்லுாரியில் இருந்து வெளியேற்ற வேண்டும் என இந்திய மருத்துவ கவுன்சில் கடிதம் அனுப்பியது. 

ஆனால் கல்லுாரி தரப்பில் அவர்கள் தொடர்ந்து படிக்கவும், தேர்வுகள் எழுதி அடுத்தடுத்த நிலைகளுக்கு செல்லவும் அனுமதி அளிக்கப்பட்டது.இதற்கிடையே மருத்துவ கவுன்சில் உத்தரவை ரத்து செய்வதுடன், தங்கள் மருத்துவக் கல்வியை தொடர அனுமதி கோரி மாணவர்கள் தாக்கல் செய்த மனு டில்லி உயர் நீதிமன்றத்தில் தள்ளுபடி ஆனது.இதையடுத்து மாணவர்கள் தாக்கல் செய்த மேல் முறையீட்டு மனு, டில்லி உயர் நீதிமன்ற நீதிபதிகள் விபின் சங்கி மற்றும் ஜஸ்மீத் சிங் அமர்வு முன் விசாரணைக்கு வந்தது.முடிவில் மனுவை தள்ளுபடி செய்து நீதிபதிகள் பிறப்பித்த உத்தரவு:

 நாட்டில் லட்சக்கணக்கான மாணவர்கள் தகுதி அடிப்படையில் கல்வி நிறுவனங்களில் சேர கடினமாக உழைக்கின்றனர்; அப்படி இருக்கும்போது மருத்துவக் கல்லுாரி உட்பட எந்த கல்வி நிறுவனத்திலும் முறைகேடான சேர்க்கைகள் நிறுத்தப்பட வேண்டும்.கல்வி நிலையங்களில் குறுக்கு வழியில் சிலருக்கு வழங்கப்படும் அனுமதியால், அதிக தகுதி பெற்றவர்கள் கல்லுாரிகளில் சேர்க்கை கிடைக்காமல் தவிக்கும் நிலை ஏற்படுகிறது.

இந்த விவகாரத்தில் நான்கு கல்வி ஆண்டுகள் வீணானதாக மனுதாரர்கள் கூறுகின்றனர்; இதற்கு அவர்களே முழு பொறுப்பும் ஏற்க வேண்டும்.இந்திய மருத்துவ கவுன்சில் கடிதம் கிடைத்ததும், அவர்கள் கல்லுாரியில் இருந்து வெளியேறி இருந்தால் நான்கு ஆண்டுகள் வீணாகி இருக்காது.ஏற்கனவே அவர்கள் தாக்கல் செய்த மனுவிற்கு ஏதேனும் இடைக்கால உத்தரவு கிடைத்திருந்தால் ஐந்து பேரும் கல்வியை தொடர்ந்ததில் அர்த்தம் இருந்திருக்கும்.அதுபோல் எந்த அனுமதியும் கிடைக்காமல், அவர்கள் எடுத்த முடிவுகள் தற்போது அவர்களுக்கே எதிராக முடிந்துள்ளது. இவ்வாறு உத்தரவில் கூறப்பட்டு உள்ளது.

Dailyhunt

Are Internal Complaints Committees in education institutions serving their purpose?

Are Internal Complaints Committees in education institutions serving their purpose?

To know if the universities had submitted their reports, Coimbatore-based CAPA president NR Ravishankar sought nine types of information from nine universities through the RTI petitions.

Published: 20th September 2021 01:29 AM |

EXPRESS ILLUSTRATION

By N Dhamotharan

Express News Service

COIMBATORE: The Internal Complaints Committee (ICC) set up in higher education institutions to investigate complaints of sexual harassment from students and staff are not functioning properly, an RTI activist has alleged.

On September 5, 2020, the State government sent a circular to all universities seeking details about the functioning of ICC constituted under the Sexual Harassment of Women at Workplace Act 2013. The consolidated compliance report was to be submitted to the Social Welfare and Nutritious Meal Programme Department which would then send it to the National Human Rights Commission (NHRC). The Commission had asked for the report for research purposes.

To know if the universities had submitted their reports, Coimbatore-based Consumer Awareness and Protection Association (CAPA) president NR Ravishankar sought nine types of information from nine universities through the RTI petitions.

He told TNIE, "First, I sought to know the date of receipt of the circular. Anna University replied it did not receive the circular, while the University of Madras, Madurai Kamaraj University, Tamil University, Thiruvalluvar University, and Dr Ambedkar Law University did not reply. Only Manomaniam Sundaranar University, Bharathidasan University and Bharathiar University replied saying that they received the circular on September 07, 2020."

He said, except Bharathidasan University, the eight other universities had not submitted the consolidated compliance report to the Social Welfare and Nutritious Meal Programme Department. Further university registrars, who are also public information officers, refused to give information on the complaints taken from affected women, action taken on them, the number of rooms allotted to teaching faculty, details of the CCTV camera fitted in each room of the faculty of each department, the list of ICC committee members, the number of complaints received from girl students and copies of minutes and agenda of ICC meetings.

To his query on the complaints received, he said, Anna University had replied that it had received two complaints in the academic year 2017-18 and 12 complaints in 2018 -19.

Manomaniam Sundaranar University had got eight complaints. To the query on CCTVs, Dr Ambedkar Law University said it had not fitted the CCTVs, he said.

"The replies from the universities indicate that the ICCs are not functioning effectively, leaving girl students and woman staff without safety. Hence, the chief minister should ensure their safety in higher education institutions by following norms strictly," he said.

He also urged the State Information Commissioner to take stringent action on the public information officers who fail and refuse to provide the correct details to those who need information through RTI Act.

K Ramya (name changed), a PhD scholar at a university, told TNIE, "In 2019, a faculty member sexually harassed a student. When we took up the issue with the complaints committee, its members refused to take the complaint from the affected student. After we protested, a complaint was accepted. However, the members had been delaying inquiry and action. In fact, they tortured her mentally leading to her discontinuing her studies. She even tried to end her life. After a big protest, the committee finally suspended the faculty member." She alleged the committee in the university was functioning for a namesake.

Professor C Pichandy, former president of the Association of University Teachers (AUT), told TNIE, "The government should see the functioning of ICCs as a serious issue. Not only in higher education institutions, but the committees also are not working properly in private and government offices too. Crimes and sexual harassment of women can be prevented only if the committees functioned transparently. For that, Tamil Nadu State Commission for Women must ensure the functioning of the committee in all places."

Higher Education Secretary D Karthikeyan said that he would look into this issue.

Backdoor entry in colleges should stop, lakhs of students work hard to get admission: Delhi HC

Backdoor entry in colleges should stop, lakhs of students work hard to get admission: Delhi HC

According to the Supreme Court's direction, admissions in all government and private medical colleges in the country have to be done through the centralised counselling system on the basis of NEET examination results.

Ritesh K Srivastava

@ritesh_ks

Updated:  Sep 19, 2021, 16:26 PM IST  Source:  PTI

New Delhi: Lakhs of students in the country work hard and toil to secure admissions in educational institutions on the basis of merit and it is high time that backdoor entries there, including medical colleges, should stop, the Delhi High Court has said.

The high court's observation came while dismissing an appeal by five students who were granted admission in 2016 by L N Medical College Hospital and Research Centre, Bhopal, without their undergoing the centralised counselling conducted by the Department of Medical Education (DME).

However, according to the Supreme Court's direction, admissions in all government and private medical colleges in the country have to be done through the centralised counselling system on the basis of NEET examination results.

Consequently, the Medical Council of India (MCI) issued letters of discharge regarding the five petitioners in April 2017 and thereafter, several more communications were sent but neither the students nor the medical college paid any heed to them.

The college continued to treat the petitioners as their students and allowed them to attend the course, appear in the examinations and get promoted. Eventually, the five petitioners filed a petition seeking quashing of the discharge communications issued by the MCI and for direction that they be permitted to continue their studies in the medical college as regular medical students, which was dismissed by the single judge.

They filed an appeal challenging the single judge's order. However, a bench of Justices Vipin Sanghi and Jasmeet Singh also dismissed the appeal saying there is no merit in it. "It is high time that such backdoor entries in educational institutions, including medical colleges, should stop. Lakhs of students all over the country work hard and toil to secure admissions to educational institutions on the basis of their merit," the bench said in its order on September 9.

"To permit any backdoor entry to any educational institution would be grossly unfair to those who are denied admission, despite being more meritorious, on account of the seats being taken and blocked by such backdoor entrants,’’ it said. It further added that the petitioners have only themselves to blame for the mess that they find themselves in.

"Had they acted in terms of the discharge letter of April 26, 2017, they would have saved four years of their lives. But they did not and acted recklessly. Despite not having any interim orders in their favour in their writ petition, they continued to attend the course, obviously, at their own peril,’’ the court said.

Advocate T Singhdev, representing the MCI, said despite discharge of the petitioners by the MCI, as early as on April 26, 2017, the same was not acted upon either by the college or by the students and they continued to ignore it even after repeated communications.

He further said that there was no interim order obtained by the petitioners from the court and despite that they continued to take admissions in subsequent years and undertake examinations at the college which was done at their own peril and they cannot claim equity in their favour.

Singhdev said the petitioners did not undergo the centralised counselling and they were well aware from day one that their admissions in the college were irregular and illegal, being in the teeth of the judgement of the Supreme Court.

The counsel for the petitioners contended that they ranked higher in the NEET examination than even those who were granted admission through the central counselling conducted by the DME in relation to this medical college and, therefore, they should be shown leniency.

The court said it is for this reason that if the medical college had informed the vacancy position the DME on time, the DME would have conducted further counselling and sent names on merit on the basis of the NEET examination conducted in 2016. "It is quite possible that the names of other candidates, more meritorious than the five petitioners, may have been sent,’’ the bench said.

"Since the respondent medical college does not appear to have informed the DME of the vacancy position, and they proceeded to grant admissions to the five petitioners much before the close of the date of admission on October 7, 2016, the other meritorious students, obviously, remained unaware that they could stake a claim against a seat in the respondent medical college on the basis of their merit. Thus, to say that no other meritorious candidate has shown up, is neither here nor there,’’ it added.

Court slams culture of ‘backdoor entry’, says it insults meritorious students

Court slams culture of ‘backdoor entry’, says it insults meritorious students

5 medical students were barred from continuing their studies as they were issued letters of discharge four years ago as they did not undergo the centralised counselling conducted by the Department of Medical Education (DME), but neither them nor the college paid any heed to it.

Written by Shankhyaneel Sarkar | 

Edited by Poulomi Ghosh, 

Hindustan Times, New Delhi

UPDATED ON SEP 19, 2021 04:57 PM IST

The Delhi high court observed that it is necessary to stop the practice of backdoor entries in all categories of educational institutions. The court said this practice demeans millions of students across the nation who work hard and toil to secure admissions on the basis of merit.

“It is high time that such backdoor entries in educational institutions, including medical colleges, should stop. Lakhs of students all over the country work hard and toil to secure admissions to educational institutions on the basis of their merit,” a bench headed by Justice Vipin Sanghi and Justice Jasmeet Singh said.

The observation made by the court came while it dismissed an appeal by five students who were granted admission in 2016 by Bhopal's LN Medical College Hospital and Research Centre, but did not undergo the centralised counselling conducted by the Department of Medical Education (DME), which is a prerequisite set by the Supreme Court for admissions in all government and private medical colleges. The counselling is done on the basis of the NEET examination results.

The Medical Council of India (MCI) sent several letters of discharge to the students and the medical college but neither party paid any attention to them. Instead of discharging the students, the college treated the petitioners as students and allowed them to attend the course, sit for exams and also get promoted.

The students filed a petition seeking quashing of the discharge communications issued by the MCI and for a direction that they be permitted to continue their studies in the medical college as regular medical students. The petition was dismissed by a single judge which was challenged by the students. It was later quashed again by the Delhi high court when a bench led by justices Vipin Sanghi and Jasmeet Singh observed that the appeal lacked merit.

“To permit any backdoor entry to any educational institution would be grossly unfair to those who are denied admission, despite being more meritorious, on account of the seats being taken and blocked by such backdoor entrants,” the bench observed. The bench also said the petitioners are responsible for the mess they find themselves in. The court said that if the students would have paid heed to the letter and acted according to the discharge instructions in April 2017 then they could have saved four years of their lives. “They did not, and acted recklessly. Despite not having any interim orders in their favour in their writ petition, they continued to attend the course – obviously, at their own peril,” it said.

The MCI counsel T Singhdev said that no party paid heed to the warnings despite the authority issuing discharge letters as early as April 2017. He said that they continued to ignore it even after repeated communications. He also highlighted that the petitioners did not obtain any interim order from the court and continued to take admissions in subsequent years.

Singhdev said that they took examinations in the college at their own peril. He said that the petitioners were aware that their admission to the college was ‘irregular and illegal, being in the teeth of the judgement of the Supreme Court.’

The counsel for the petitioners requested that some leniency be given to them and contended that they ranked higher in the NEET examination than even those who were granted admission through the central counselling conducted by the DME in relation to the medical college.

The court said that if the medical college informed the DME on time regarding the vacant positions, the body would then have conducted further counselling and sent names on merit on the basis of the NEET examination conducted in 2016. “It is quite possible that the names of other candidates, more meritorious than the five petitioners, may have been sent,” the court said.

(with inputs from PTI)

Backdoor entry in colleges should stop, lakhs of students work hard to get admission: HC

Backdoor entry in colleges should stop, lakhs of students work hard to get admission: HC

PTI | Sep 19, 2021, 03.14 PM IST

NEW DELHI: Lakhs of students in the country work hard and toil to secure admissions in educational institutions on the basis of merit and it is high time that backdoor entries there, including medical colleges, should stop, the Delhi High Court has said.

The high court's observation came while dismissing an appeal by five students who were granted admission in 2016 by L N Medical College Hospital and Research Centre, Bhopal, without their undergoing the centralised counselling conducted by the Department of Medical Education (DME).

However, according to the Supreme Court's direction, admissions in all government and private medical colleges in the country have to be done through the centralised counselling system on the basis of NEET examination result.

Consequently, the Medical Council of India (MCI) issued letters of discharge regarding the five petitioners in April 2017 and thereafter, several more communications were sent but neither the students nor the medical college paid any heed to them.

The college continued to treat the petitioners as their students and allowed them to attend the course, appear in the examinations and get promoted.

Eventually, the five petitioners filed a petition seeking quashing of the discharge communications issued by the MCI and for the direction that they are permitted to continue their studies in the medical college as regular medical students, which was dismissed by the single judge.

They filed an appeal challenging the single judge's order. However, a bench of Justices Vipin Sanghi and Jasmeet Singh also dismissed the appeal saying there is no merit in it.

"It is high time that such backdoor entries in educational institutions, including medical colleges, should stop. Lakhs of students all over the country work hard and toil to secure admissions to educational institutions on the basis of their merit," the bench said in its order on September 9.

"To permit any backdoor entry to any educational institution would be grossly unfair to those who are denied admission, despite being more meritorious, on account of the seats being taken and blocked by such backdoor entrants,” it said.

It further added that the petitioners have only themselves to blame for the mess that they find themselves in.

"Had they acted in terms of the discharge letter of April 26, 2017, they would have saved four years of their lives. But they did not and acted recklessly. Despite not having any interim orders in their favour in their writ petition, they continued to attend the course – obviously, at their own peril,” the court said.

Advocate T Singhdev, representing the MCI, said despite discharge of the petitioners by the MCI, as early as on April 26, 2017, the same was not acted upon either by the college or by the students and they continued to ignore it even after repeated communications.

He further said that there was no interim order obtained by the petitioners from the court and despite that they continued to take admissions in subsequent years and undertake examinations at the college which was done at their own peril and they cannot claim equity in their favour.

Singhdev said the petitioners did not undergo the centralised counselling and they were well aware from day one that their admissions in the college were irregular and illegal, being in the teeth of the judgement of the Supreme Court.

The counsel for the petitioners contended that they ranked higher in the NEET examination than even those who were granted admission through the central counselling conducted by the DME in relation to this medical college and, therefore, they should be shown leniency.

The court said it is for this reason that if the medical college had informed the vacancy position to the DME on time, the DME would have conducted further counselling and sent names on merit on the basis of the NEET examination conducted in 2016.

"It is quite possible that the names of other candidates, more meritorious than the five petitioners, may have been sent,” the bench said.

"Since the respondent, medical college does not appear to have informed the DME of the vacancy position, and they proceeded to grant admissions to the five petitioners much before the close of the date of admission on October 7, 2016, the other meritorious students, obviously, remained unaware that they could stake a claim against a seat in the respondent medical college on the basis of their merit. Thus, to say that no other meritorious candidate has shown up, is neither here nor there,” it added.