When we did not know any language other than tears, who understood us? Our parents! They understood our language as divine power. Parents are the closest people to a child. Similarly, child is the dearest to the parents. The importance of parents in the life of every human being is immense.Parents spend their lives and all their resources to build a bright future for their children, but once they reach attheir old age, it is not possible for them to earn for living. Therefore, when the child is able, the overall maintenance of the parents is their responsibility and essential duty. People have lived in a joint family of parents, grandparents, brothers and sisters since the beginning of the creation of the world. But over time, that is likely to change. People now find more comfort in small families. For that, the children are forgetting the bond of mother and father. Realizing the situation in the country, the government passed “The Parent’s Care Act, 2013”.
Which is an appropriate and timely decision of the Government of Bangladesh. In this law, it is the moral and legal responsibility of the child to take care of the parents, paternal grandparents and maternal grandparents. Otherwise, provision has been made for their punishment. The government passed the law in 2013 to ensure the maintenance of parents and make it compulsory for children to live with them in their old age. Let’s now know some of the main sections of this Act and what issues have been discussed in these sections. In this act, “Child” means “a capable son or daughter born through parents.”
In Section 3 of the Parent’s Care Act, 2013 states, every child has to ensure the maintenance of his parents. If a parent has more than one child, the children will talk to each other and ensure maintenance of their parent. It is further said, no child may force his or her parents or both to live together or separately in an old age home or anywhere else against his or her will. In addition, the child will regularly inquire about the health of his parents, provide the necessary medical care and mental care. The law states that if a child’s wife, son or daughter or close relative prevents the child from fulfilling the responsibilities towards the elderly parents, they will also be guilty of the same offense. As a result, they will face the same punishment. This law has made it obligatory to ensure the maintenance of paternal-grandparents in the absence of father and maternal-grandparents in the absence of mother.
Not only parents, this law also provides for the maintenance of paternal-grandparents and maternal-grandparents in the absence of parents. Section 4 of the Parent’s Care Act, 2013 states, in addition to ensuring the maintenance of parents, according to this law, grandparents also have to be supported. However, in that case, if the father is alive, then the child does not have to support the paternal-grandparents and if the mother is alive, then they do not have to support maternal-grandparents. The law says to provide food, clothing, medical and accommodation facilities and companionship.
Now the question may come to our mind, what should be the amount of maintenance. The law explains it clearly. Pursuant to Section 3(7) of the Act, if a parent, or both, lives separately without living with the children, then each child has to give parents of that earns a reasonable amount of money from his or her daily income, or, as the case may be, monthly income or annual income, to both parents, or in both cases will pay regularly. Or support the parents at least ten percent of the monthly income.
The provision of punishment has been laid down in Section 5 of the Parent’s Care Act, 2013. If parent brings any such allegation against his or her children and if the allegation is proved, they will be fined BDT 1 lakh and if they do not pay the fine, they will be given not more than 3 months of imprisonment.
Section 7 of the Parent’s Care Act, 2013 states, if a person violates the alimony law of the parents, the provisions relating to enforceability, trial and bail of the offense, such offense will be punishable in the court of First-Class Judicial Magistrate or Metropolitan Magistrate. No court shall take cognizance of an offense committed under this Act without a written complaint from the parent of the child concerned. The bill also includes a compromise clause.
The court may refer the received complaint for Alternative Dispute Resolution (ADR) or compromiseunder Section 8 this Act, to the chairman or member of the concerned union council, or, as the case may be, to the mayor or councilor of the city corporation or municipality, or to any other suitable person.
“RabbirHamhuma Kama RabbaYaniSagira” (Sura: Al-Isra, Ayat: 24). It means,’My Lord! Have mercy on them both (parents) as they did care for me when I was little.’ Just as parents raised us in our childhood, we should stand by them in their old age. The government has made this law in time. It is now necessary to bring those who are neglecting their parents under the law and to provide for the maintenance of the respected parents from the monthly income.
The writer is a student of LAW, North South University
