Orissa High Court Mandates Police Action to Safeguard Elderly Couple
The Orissa High Court has issued a significant directive to police authorities in Rourkela, instructing them to act strictly in accordance with the law to ensure the protection of an elderly couple who are allegedly facing persistent harassment from their own son and daughter-in-law. This judicial intervention underscores the legal system's commitment to upholding the rights and welfare of senior citizens across the state.
Court's Firm Stance on Police Responsibilities
While adjudicating a petition filed by a 62-year-old man and his 56-year-old wife, Justice Savitri Ratho delivered a clear and unambiguous judgment on February 6. The court emphasized that when a complaint reveals a cognizable offense, it becomes the fundamental duty of the police to promptly register a formal case and initiate a thorough investigation. Justice Ratho explicitly stated that police cannot evade this responsibility by insisting on the submission of fresh complaints.
In her ruling, Justice Ratho directed both the Superintendent of Police (SP) of Rourkela and the Inspector in-Charge (IIC) of the Plantsite police station in Sundargarh district to immediately register the couple's complaint and provide them with adequate protection. The judge further elaborated that if the family dispute remains unresolved, the authorities should also assist the petitioners in initiating eviction proceedings under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Background of the Distressing Family Conflict
The elderly couple had approached the High Court seeking appropriate directions to the concerned police authorities after experiencing what they described as systematic harassment. According to their petition, their son and daughter-in-law are currently residing in a house constructed on the husband's self-acquired property. Instead of providing care and support, the younger couple is allegedly causing continuous disturbances and subjecting the elderly parents to various forms of harassment.
The counsel representing the petitioners argued forcefully before the court, stating, "It is the unequivocal duty of the police to ensure the well-being and welfare of the petitioners, especially since the husband is a senior citizen. Their son and daughter-in-law are creating disturbances in their own residence, violating their right to peaceful living."
The legal representation also informed the court that the couple had initially sent their complaint via speed post to the IIC of Plantsite police station on November 9, 2025. This complaint, dated September 10, 2025, had failed to elicit any effective action from the police authorities, compelling the elderly couple to seek judicial intervention.
Legal Framework Supporting Senior Citizen Protection
The High Court's judgment extensively referenced the comprehensive legal framework established for the protection of senior citizens. The court examined both the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and the Orissa Maintenance of Parents and Senior Citizens Rules, 2009, which collectively mandate the protection and welfare of elderly individuals.
Specifically citing Section 4(2) of the 2007 Act, the court noted that children who reside with parents who are senior citizens bear a legal obligation to ensure that their elderly parents are properly cared for and allowed to lead normal, dignified lives. The judgment reinforced that this responsibility extends beyond familial duty to become a matter of legal compliance.
The court further clarified that it is the specific responsibility of the Superintendent of Police to ensure the well-being and protection of all senior citizens within their jurisdictional area. This directive establishes clear accountability for law enforcement officials in matters concerning elderly welfare and protection from harassment, even when such harassment originates within family settings.
This landmark judgment serves as a powerful reminder of the legal system's role in protecting vulnerable populations and ensuring that statutory protections for senior citizens are effectively implemented through proper police action and judicial oversight.
