Cryptic comments or messages are hard to understand because they seem to have a hidden meaning. Cryptic is from Late Latin crypticus, from Greek kryptikos, from kryptos "hidden." This Greek adjective is the source of our English word crypt, referring to a room under a church in which dead people are buried.
Friday, January 3, 2020
Thursday, January 2, 2020
THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS
The Maintenance and Welfare of Parents and Senior Citizens Act - 2007
This Act makes a legal obligation for children and heirs to provide maintenance to parents and senior citizens, by monthly allowance.
This Act provides a simple, speedy and inexpensive mechanism for the protection of life and property of the parents and senior citizens.
In this modern society, the Joint Family System is being eradicated slowly from our culture because of the implementation of Harass Legal Provisions of women laws against family members. Because of that newly married couples left the joint family and started living separately. This causes the withering of the joint family system. As a result, the parents and senior citizens of our society are forced to live alone and are exposed to various kinds of problems such as lack of physical, social, emotional and financial support. To overcome such difficulties and to face new challenges, the Government of India has enacted this law in the fifty-eighth year of the republic so as to provide maintenance and protection to parents and senior citizens through MWPSC Act-2007.
The Government thinks once it enacts the law the problem is solved. If it is solved means then why we need another law to enact. When will the enacting process of law come to end? Actually enacting a new law creates so many cumbersome problems in our society and to those new problems, our Government is enacting another new law. So this goes on expanding without an end like our universe.
For example in the MWPSC-2007, a parent is sent out of home, they might not have any money in their hand and they do not know what to do at that age. "A sound body only gives a sound mind". Further, at that tender they definitely will not have a sound mind, they would not know any awareness about the said act. From, 2007 onwards the said Act is in enforcement. Whether the Government has a statistical report regarding how many the parents and senior citizens are thrown out from their home and left without care and how many of them have used the said Act so far and won the case. Is there is any organization or mechanism to monitor the pitiable condition of the parents and senior citizens of our country!
The said Act provides the in-expensive and speedy procedure to claim monthly maintenance for parents and senior citizens and casts obligations on children to maintain their parents/grandparents and also the relative of the senior citizens to maintain such senior citizens.
This Act makes a legal obligation for children and heirs to provide maintenance to parents and senior citizens, by monthly allowance.
This Act provides a simple, speedy and inexpensive mechanism for the protection of life and property of the parents and senior citizens.
In this modern society, the Joint Family System is being eradicated slowly from our culture because of the implementation of Harass Legal Provisions of women laws against family members. Because of that newly married couples left the joint family and started living separately. This causes the withering of the joint family system. As a result, the parents and senior citizens of our society are forced to live alone and are exposed to various kinds of problems such as lack of physical, social, emotional and financial support. To overcome such difficulties and to face new challenges, the Government of India has enacted this law in the fifty-eighth year of the republic so as to provide maintenance and protection to parents and senior citizens through MWPSC Act-2007.
The Government thinks once it enacts the law the problem is solved. If it is solved means then why we need another law to enact. When will the enacting process of law come to end? Actually enacting a new law creates so many cumbersome problems in our society and to those new problems, our Government is enacting another new law. So this goes on expanding without an end like our universe.
For example in the MWPSC-2007, a parent is sent out of home, they might not have any money in their hand and they do not know what to do at that age. "A sound body only gives a sound mind". Further, at that tender they definitely will not have a sound mind, they would not know any awareness about the said act. From, 2007 onwards the said Act is in enforcement. Whether the Government has a statistical report regarding how many the parents and senior citizens are thrown out from their home and left without care and how many of them have used the said Act so far and won the case. Is there is any organization or mechanism to monitor the pitiable condition of the parents and senior citizens of our country!
The said Act provides the in-expensive and speedy procedure to claim monthly maintenance for parents and senior citizens and casts obligations on children to maintain their parents/grandparents and also the relative of the senior citizens to maintain such senior citizens.
The main attraction of the said Act is there are provisions to protect the life and property of such persons.
The said Act also provides setting up old age homes for providing maintenance to the indigent senior citizens and parents.
The said Act extends to the whole of India including the Jammu and Kashmir state.
Meaning for the Important Terminologies used in the said Act:- Definition
1) Children - Include son, daughter, grandson, granddaughter but does not include a minor.
2) Maintenance - includes provision for food, clothing, residence, medical attendance and treatment.
3) Parent- means father or mother whether biological, adoptive or stepfather or stepmother, whether or not father or mother is a senior citizen.
4) Senior citizen - means an Indian who attained the age of 60 years or above.
5) Relative - means any legal heir of childless senior citizen who is not a minor and is in possession of or would inherit his property after his death.
6) Welfare - means provision for food, healthcare, recreation centers and other amenities necessary for senior citizens.
Maintenance of Parents and senior citizens
A senior citizen including a parent, who is unable to maintain himself from his own earning or out of the property owned by him, is entitled to get relief under this Act. Children/grandchildren are under obligation to maintain his or her parent either father, mother or both. Likewise, a relative of a senior citizen is also bound to look after the senior citizen. If such children or relative is not maintaining his parents or senior citizen respectively, then the parents/senior citizen can seek the assistance of Tribunal constituted under this Act, to enforce the remedy of maintenance. Such parents/senior citizens can file an application before the Tribunal, claiming maintenance and other reliefs from their children/relatives as the case may be.
Such an application for maintenance can be filed before the Revenue Divisional officer by the senior citizen or a parent himself, or if such a person is incapable, then by any other person or any registered organization authorized by him. The Tribunal can also suo motu take cognizance of the case. After receiving the application the Tribunal may issue notice to the respondent-children/relative and provide them time to furnish their reply. Such an application for maintenance should be disposed of within 90 days from the date of service of notice of the application to the respondent. However, the Tribunal can extend time for a maximum period of 30 days in exceptional circumstances after recording reason. The Tribunal is having power to allow interim maintenance pending disposal of the case. Even though the application can be filed against any of the children/relatives as the case may be, such respondent-children/relatives can implead other persons who are liable to pay maintenance.
Protection of life and property of Senior citizen
If a senior citizen after the commencement of this Act, has transferred his property either moveable or immovable, by way of gift or otherwise, subject to the condition that the transferee shall provide him basic amenities and physical needs and thereafter such transferee reuses or fails to provide such promise, such transfer of property shall be deemed to have been made by fraud, coercion or undue influence and the Tribunal can declare such transfer as void. Before the enactment of this law, a senior citizen's only remedy in such a case was to approach the court for maintenance from the children to whom he had given the property by way of gift or otherwise and such property would be the exclusive property of the transferee and the senior citizen had no right in such property. But after the enactment of this Act, a senior citizen can reclaim his property from the transferee. The concerned police personnel will also ensure priority in dealing with these types of cases. Representation by lawyers is prohibited under section 17 of this Act. However, the Hon'ble Kerala High Court held that legal practitioners also could represent cases under this Act.
Abandoning a senior citizen in any place by a person who is having the care or protection of such senior citizen is a criminal offence and such person shall be punishable with imprisonment for a term which may extend to three months or fine which may extend to five thousand rupees or both.
This Act also provides that state governments may establish old age homes at least one in one district to accommodate indigent senior citizens. State governments may also ensure proper medical care for senior citizens.
Wednesday, January 1, 2020
Inner Line Permit (ILP) - Explainatioin
Inner Line Permit (ILP) is an official travel document. ILP is issued by the concerned state government to an Indian Citizen. ILP permits Indian citizens to enter into a protected area for a limited period. The document is an effort by the government to regulate movement to certain areas located near the international border of India. The ILP was originally created by the British to safeguard their commercial interests in the tea, oil and elephant trade by prohibiting "British subjects" from entering into these "Protected Areas", The word "British subjects" was replaced by Citizen of India in 1950. Now, it continues to be used in India, officially to protect indigenous communities' cultures in northeastern India.
There are different kinds of ILP's as follows:
1) For tourists
2) For people who intend to stay for long-term periods, often for employment purposes.
States for which require ILP permits are Arunachal Pradesh, Mizoram, Nagaland and Manipur. There are also ongoing demands for the introduction of ILP in Meghalaya, Assam and Andaman & Nicobar Islands to regulate the entry of outsiders into the state.
ILP is a permission granted to person who is non-tribal and wants to enter the tribal areas for tourism or any other purpose. He can stay only by the terms and conditions of the permit guaranteed to him and only for the period specified in the permit given to him. Though this procedure started way back in the British era, it is still being continued. These tribal areas which were severely underdeveloped and in need of a system of administration that would allow the tribal areas to become developed while protecting them from exploitation of people from plain areas and preserving their distinct social customs.
There are different kinds of ILP's as follows:
1) For tourists
2) For people who intend to stay for long-term periods, often for employment purposes.
States for which require ILP permits are Arunachal Pradesh, Mizoram, Nagaland and Manipur. There are also ongoing demands for the introduction of ILP in Meghalaya, Assam and Andaman & Nicobar Islands to regulate the entry of outsiders into the state.
Recently when the Citizenship (Amendment) Act 2019 came out, it exempted the areas coming under Inner Line Permit (ILP) as well as tribal areas of Assam, Meghalaya and Tripura (as included in the sixth schedule).
The sixth schedule of the Constitution of India provides for the administration of tribal areas in the states of Assam, Tripura, Meghalaya as well as Mizoram to safeguard the rights of tribal populations in these states.
The Inner Line Permit (ILP) regime is now being used to protect such areas from the purview of Citizenship (Amendment) Act, 2019.
ILP is a permission granted to person who is non-tribal and wants to enter the tribal areas for tourism or any other purpose. He can stay only by the terms and conditions of the permit guaranteed to him and only for the period specified in the permit given to him. Though this procedure started way back in the British era, it is still being continued. These tribal areas which were severely underdeveloped and in need of a system of administration that would allow the tribal areas to become developed while protecting them from exploitation of people from plain areas and preserving their distinct social customs.
This permit allows Indian citizens to go and live in any State protected under ILP for a specific period of time.
Any person is entitled to renew his permit every six months if he is not a native in these states despite the fact that he/she is a long-term resident.
This permit also regulates the movement to certain areas located near the international borders of India.
Who Issues ILP?
The permit is issued by the concerned states coming under the protection of ILP.
The ILP is issued either by applying online or directly from the government office.
The ILP has details such as travel dates and the specific areas that the holder is likely to travel in the concerned state.
In 2014, the ILP was removed in Ladakh and later implemented again from 2017. The Ladakh Inner Line Permits are available online from the official website of Leh Ladakh administration. The ILP is valid for a maximum of 14 days. There is no limit on the number of times to visit a place within the valid period as long as there is necessary permits.
Foreigners need a Protected Area Permit (PAP) to visit tourist places that are different from Inner Line Permits needed by domestic tourists.
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