If you are stuck in such a situation, here is what to do.

In a distressing case of bureaucratic apathy, a senior citizen’s appeal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (MWPSC Act) has been pending for over 18 months, highlighting a severe breakdown in the system designed to provide speedy justice to the elderly. The case began in March 2023 when Mr. Alok Sharma, a 78-year-old retired government official, filed an appeal with the District Magistrate’s office in the city of Ramanagar. The appeal was against his son, Mr. Vikram Singh, concerning harassment and property-related issues.

The matter was forwarded to the Sub-Divisional Magistrate (SDM), who, instead of providing a hearing as required by the Act, ordered a “spot verification” by the Tehsildar. Despite Mr. Sharma presenting clear property ownership records spanning 25 years, the Tehsildar further delegated the verification to the Ramanagar Municipal Corporation (RMC), an authority with no jurisdiction under the MWPSC Act. This move effectively stalled the proceedings, as the RMC operates under its own municipal laws, which were incorrectly prioritized over the Senior Citizen Act’s overriding provisions.

For months, the file moved between offices. The RMC eventually submitted a report based solely on the respondent’s claims, stating that the property was joint, there was no harassment, and a civil dispute existed—all without verifying the official property records. The Tehsildar forwarded this flawed report to the SDM, further cementing the delay.

Numerous grievances filed through official portals were summarily marked as “Resolved” without any action. Even a directive from the National Human Rights Commission (NHRC) to the District Magistrate in December 2023 was ignored by the district’s judicial department. Tragically, after 450 days of fighting for his rights and dignity, Mr. Sharma passed away, his quest for justice unfulfilled. The family has spent over Rs. 85,000 and countless hours navigating a system that ultimately failed them, demonstrating how administrative red tape can defeat the very purpose of a welfare law.

Advice in such cases

When faced with such administrative inertia and blatant disregard for the law, it is crucial to take decisive legal action. The procedural delays and misinterpretation of jurisdiction, as seen in this case, are grounds for immediate judicial intervention.

• The most effective remedy is to file a Writ Petition under Article 226 of the Constitution of India before the respective High Court. A Writ of Mandamus can be sought to compel the SDM/Tribunal to perform its statutory duty and decide the case within a court-mandated timeframe.
• The petition should clearly highlight the violation of Section 5(4) of the MWPSC Act, which mandates the disposal of the application within 90 days.
• If specific directions from a body like the NHRC have been ignored, a separate petition or part of the main writ can address the contempt and non-compliance by the officials.
• Send a final, comprehensive legal notice through an advocate to the concerned SDM and the District Magistrate, putting on record their failure to act and stating your intention to move the High Court. This creates a strong paper trail.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A Good lawyer can get the issues resolve in 7-10 days.

Applicable Sections of Law

Understanding the legal framework is key to asserting your rights in such a situation. The primary law governing this issue is:

• The Maintenance and Welfare of Parents and Senior Citizens Act, 2007: This is the special enactment designed for the elderly. Key provisions include:
• Section 3: This section gives the Act an overriding effect. It explicitly states that the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other enactment. This means the SDM could not have cited municipal laws or a supposed “civil dispute” to stall the proceedings.
• Section 5: This lays down the procedure for application and inquiry. Sub-section (4) mandates that the Tribunal must dispose of the application within ninety days from the date of the service of notice of application to the opposite party.
• The Constitution of India:
• Article 226: This grants High Courts the power to issue writs, including the Writ of Mandamus, to direct any person, authority, or government to perform their public or statutory duty. This is the ultimate tool to combat administrative inaction.

If you are the complainant

If you are a senior citizen or their relative filing a complaint and facing similar delays:

• Document Everything: Maintain a meticulous file of all applications, postal receipts, acknowledgments, and communications sent to the authorities. Note down the dates and names of officials you interact with.
• Use the Right to Information (RTI) Act: File RTI applications to officially track the movement of your file. Ask for certified copies of the orders passed by the Tehsildar or other officials and the note sheets showing who is responsible for the delay.
• Escalate within the Bureaucracy: While pursuing legal options, also send formal representations to higher authorities, such as the Divisional Commissioner and the Chief Secretary of the State, detailing the inaction of the subordinate officers.
• Engage a Lawyer Early: Do not wait for months. Once it is clear the authorities are delaying the matter beyond the statutory 90-day period, engage a competent lawyer to initiate proceedings in the High Court.

If you are the victim

As a victim of harassment and administrative delay, your focus should be on swift and effective remedies. The emotional and financial toll of running from one office to another is immense, and the law provides a way to bypass this.

• Recognize that the administrative channel has failed. Do not waste more time sending reminders that are being ignored.
• Your primary recourse is the High Court. The purpose of a writ petition is precisely to correct such errors of jurisdiction and inaction by government authorities.
• The court can not only order the case to be decided quickly but can also pass strictures against the erring officials for their dereliction of duty.
• Preserve all evidence of harassment and ownership of property. This will be crucial not only before the Tribunal but also in the High Court to demonstrate the merits of your case and the injustice of the delay.

How the police behave in such cases

In this specific scenario, the issue lies not with the police but with the administrative machinery (the Collectorate and revenue officials) acting as the Tribunal. The behavior demonstrated by the authorities includes:

• Dereliction of Duty: Failing to adhere to the statutory timeline of 90 days for disposal.
• Shifting Responsibility: Illegally delegating their quasi-judicial function of inquiry to a subordinate or an entirely different department (like the Municipal Corporation) to cause delays.
• Misinterpretation of Law: Ignoring the overriding effect of the MWPSC Act and incorrectly terming the matter a “civil dispute” to avoid exercising their jurisdiction.
• Apathy: Marking online grievances as “resolved” without taking any substantive action and ignoring directives from statutory bodies like the NHRC.

FAQs people normally have

What evidence is required?

To file and succeed in a case under the MWPSC Act, you generally require:

• Proof of Age and Identity: Aadhaar Card, PAN Card, Passport, or Birth Certificate of the senior citizen.
• Proof of Property Ownership: Registered Sale Deed, Gift Deed, property tax receipts, or latest revenue records (like E-Khaata) in the name of the senior citizen.
• Evidence of Harassment: While not always mandatory for eviction if the property belongs to the senior citizen, any proof like photographs, videos, witness statements, or records of police complaints can strengthen the case.
• Proof of Relationship: Documents establishing the relationship between the petitioner (parent) and the respondent (children/legal heir).
• Record of Communications: Copies of all applications, legal notices, and correspondence with the authorities to prove the delay.

How long will the investigation take?

According to the law, the process should be very quick. Section 5(4) of the MWPSC Act, 2007, explicitly states that the Tribunal shall make an endeavor to pronounce its decision in writing within ninety days from the date of service of notice of application to the opposite party. However, as this case shows, officials can create administrative hurdles that stretch this timeline indefinitely. If you approach the High Court through a writ petition, the court typically directs the Tribunal to dispose of the matter within a much shorter, fixed period, often between 1 to 3 months.

Advocate Sudhir Rao, Supreme Court of India