It was a year ago since an 82-year-old senior citizen from Salcete had knocked the doors of the Goa police after being beaten up by his son. Instead of registering the incident as cognizable, the police instead chose to register a non-cognizable case, with an advice to the victim to approach the court as the government doctor had certified the injury as a 'simple hurt'.
Senior citizens, however, had begged to differ with the stand adopted by the police authorities on grounds that the Maintenance and Welfare of Parents and Senior Citizens Act is categorical in stating that every offence under the Act shall be cognizable and bailable.
Indeed, as senior citizens brace up to observe World Elders' Day on October 1, elders look forward to the government and authorities to implement the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 in both letter and spirit and provide succor to abandoned senior citizens.
Senior citizens do not hide their displeasure over the pace with which police authorities and the tribunal act to provide relief to elderly victims. They have complained that the implementation of the provisions under Section 24 & 25 of the Act on abandonment of parents and elders as well as protection of their life and property is not satisfactorily dealt with by the bureaucracy “ the tribunal and the police department.
Says President of the Forum for Senior Citizens of India, Goa unit, Diogo M Da Costa: “Section 25 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 says that every offence under the Act shall be cognizable and bailable. The ground reality, however, is different. Instead of taking cognizance of the offence under this section 25, we have found the men-in-uniform registering non-cognizable cases, and asking the senior citizens to approach the court of law for relief”.
Diogo has demanded to know how the authorities expect the elders to knock the doors of the courts and engage lawyers when they have no means to sustain themselves. “We had brought the matter to the notice of the police authorities, but there’s still no solution forthcoming from the police,” he lamented.
When The Goan contacted district police chief, Superintendent of police, South Shekar Prabhudesai to shed light on the claims made by the senior citizens about police inaction, he said the police normally go by the doctor’s hurt certificate to decide whether a particular incident is cognizance or non-cognizable one.
“The police are guided by the Indian Penal Code while dealing with criminal cases. If the hurt is simple and does not warrant taking cognizance, then only we ask the party to approach the court of law,” SP Prabhudesai stated.
The district police chief, however, hastened to add that the police are willing to re-examine the issue if a representation comes from the senior citizens. “The issue can be discussed at a higher level so as to give effect to the legislation,” he added.
The Senior citizens are also sore over the delay by the Tribunal to dispose of the maintenance claims under the Act. Says Diego: “The Act provides for disposal of cases for maintenance within a period of three months with one month grace period. But, we had found out that a case was dragging before the Tribunal for well around 15 months. We had no option than to knock the doors of the Chief Minister for justice. It was only later that the Tribunal disposed of the claim, thanks to the Chief Minister’s intervention,” he added.
While welcoming the Conciliation officers appointed on the Tribunal at South Goa, Diego said that police officials up to the level of police inspectors should be issued guidelines to deal with serious cases of abandonment and protection of life and property of the senior citizens.
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(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence under this Act shall be cognizable and bailable.
(2) An offence under this Act shall be tried summarily by a Magistrate.
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