Here comes another case of Elder Abuse from India… that too from Mumbai, a city considered safe for women in India !
But then as evident this city was seemingly unable to protect a 92 year old woman, Laxmibai Laxmidas Paleja from getting abused and beaten up by her own daughter-in-law, Darshana.
Darshana allegedly inflicted physical injuries on the 92 year old Laxmibai by kicking, abusing and beating her. The old woman was not only badly beaten but also thrown out of her house and dumped at her daughter’s place, as reported by the media. Her condition was said to be so bad that she had to be immediately shifted to a hospital. Laxmibai Paleja is now admitted in Harkisondas Hospital in Mumbai. She says:
Don’t curse me by wishing me health. When I close my eyes to sleep I pray they may never open again.
How much I wish she would never say so !
But then this growing menace of Elder Abuse is leaving no choice for elderlies. When forced to live under such inhuman conditions they all end up looking forward to death… the ultimate release.
Laxmibai Paleja further said :
My grandson kicked me on my face and my daughter-in-law abused me. It was after my son died that they started ill-treating me. They would call me useless and force me to do work even though I can barely walk because of my age. Finally, they just threw me out of the house, saying I had nothing to do with them.
Her son died of a paralytic attack in December last year. She says she was abused because her daughter-in-law and grandson were fed up of taking care of her.
Police complaint
On a complaint from Laxmibai’s daughters the Police registered a non-cognizable complaint (which means police shall not arrest without a warrant). Which only means that Darshana and her son have nothing to fear.
But legal experts opine that this case should have been registered as a criminal offence.
Parents cannot be evicted without the due process of law, if they have been staying there from before. There are number of enactments which can be applied. Firstly, under Section 125 CrPC, a magistrate can order the child to maintain his old parents. Secondly, Hindu Adoptions and Maintenance Act says an aged parent can demand maintenance from the same way a wife can demand from her husband. Also, the Domestic Violence Act provides parents with the Rights to seek relief.
Grandchildren & Elderlies
A closer look at this case throws up a disturbing fact. It speaks of the behaviour of younger generation (grandson) towards elderlies. And this certainly is a serious cause of concern for the future health of India.
Related Posts:
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
State Commissions for Women in India
State Human Rights Commissions in India
Old Age Homes in India
Benefits, Concessions and Schemes for Senior Citizens in India
Filed under: Amnesty, Children, Crime, Crimes against women, Domestic Violence, Domestic abuse, Elder Abuse, Family, Human Rights, India, Law, Life, NHRC, News, Senior Citizens, Trends, Women | Tagged: Maintenance and Welfare of Parents and Senior Citizens, physical abuse, Rights of Elders, Senior Citizen
Poverty has a woman’s face. Global prosperity and peace will only be achieved once all the world’s people are empowered to order their own lives and provide for themselves and their families. Societies where women are more equal stand a much greater chance of achieving the Millennium Goals by 2015..
I think its high time we all individually or collectively Stand Up and Take some action
Regarding this.
This will help all you people on this blog to do something along with the United Nations in your locality.
Check this
http://www.orkut.com/Community.aspx?cmm=47234928
I’m surprised at how poorly reported this story is. I have been following this story and nobody has interviewed the neighbors who might have witnessed this. They also have not talked to this elder women’s other children to find out why they have not tried to remove her from this situation.
I spoke to the neighbors of this family, and they have actually witnessed this elder woman walking around their apartment whenever the family is out. She has told everyone she cannot walk, and will pretend this is her condition for the media. They also have witnessed this elder woman abusing her daughter in law for decades, and have little reason to believe she is telling the truth now.
Also, her story has changed many times, which is often a sign that the story is fraught with lies. I am concerned that the media may be playing into false accusations by Laxmibai Laxmidas Paleja. She has other children, but they have never tried to protect her b/c they are also involved in her fraudulent behavior. It is sad that anyone, even the elderly, will take advantage of laws made to protect them.
I hope the media will take on this story and try to report it in a balanced way, otherwise we risk assuming things that may not even be true.
Nikhil… in this case I would go by media reports since they have spoken to the family including the 92 year old elderly herself. Secondly, media has made every effort to follow up on the case, hence I wouldn’t call it poorly reported. Read the latest on Laxmibai Laxmidas Paleja case here :
http://timesofindia.indiatimes.com/Cities/Kin_accused_of_assaulting_92-year-old/rssarticleshow/2943033.cms
2 cases have already been filed in metropolitan court. As her lawyer says… “the first case was filed under Section 12 of the Protection of Women from Domestic Violence Act and the second case was filed under Sections 325 and 344 of the IPC, which deal with grievous hurt, assault, mental and physical torture as well as confinement”.
Moreover… why would a 92 year old inflict injuries on her own self ? And how did she get the bruises on her back ? She could not have inflicted them herself, including the one on her eye… and then how come the eyes were bloodshot ?
Further, why would a 92 year old elderly MISUSE LAW ? …for what ?
And then… why are the daughter-in-law Darshana and grandson Vinay not traceable now ? Why have they fled ? Only because 2 cases have been filed against them in court ?
It is indeed very sad to note that when an elderly woman in India is abused society including police do not take cognizance of the fact, whereas when a young woman complaints about dowry harassment her complaint is immediately registered by police as a cognizable offence. And cognizable means arrest without warrant…police do not even bother to investigate, they simply make arrests based on the woman’s word. And here we have an elderly woman trying to register her complaint but police does not recognize her abuse as a cognizable offence.
Why these double standards ?
Is the pain of an elderly woman any less than a young woman ?
hey katyayani, gotcha………
thank god you are still blogging and active. applause (i know you do not need that)
good to see you here jinesh !
I found your site on technorati and read a few of your other posts. Keep up the good work. I just added your RSS feed to my Google News Reader. Looking forward to reading more from you down the road!
under what provision one can bring the abuser under senior citizen act and domestic violence act.
I have the full sympathy with this old lady. I agree that she was ill treated. However, as mentioned by Nikhil, we should consider the truth also before coming to conclusion.
I have seen many eldarly people around, who take advantage of laws made to protect them.
@Ankush
Truth can only be fathomed by the investigating agencies. Let law take its own course now. Moreover, in matters of dispute each side has a right to put across their version and defense.
It is not the question of who committed the wrong, what is of greater importance is the fact that the wrong-doer should not go unpunished. And crime against women (genuine cases) and that too against an elderly woman should be severely dealt with.
At the same time, if in the process of investigation it is found that the complainant had lodged a false complaint then law should take appropriate measures against such person, be it a man or a woman.
Are there any provisions under which Crime against woman can be brought on by the mother inlaw? Who is suffering extreme mental cruelty at the hands of the daughter in law and her false accusations, and 498a? Pls advise.
Reading about this 92 year old woman moves me to tears…. When I think of her, the song comes to mind “duniya mein kitna gham hai; mera gham kitna kam hai”. Old and the infirm victims need voice of the young and the able.
I didn’t know even older people can be abused like this ! what a shame ! moreover, where where the neighbours ? why did they remain silent ? ( because they didn’t want to be called as witnesses? ( I don’t know laws in India , but in my country, it’s for that reason that people don’t often help people in the street , no one has enough courage to prevent violence towards a lady on the train ! ) anyway , those people who abuse that old lady should see the movie “baghbaan ” with BB and Hema Malini , to understand how old people can be interesting, one should talk to them each time one can , and we’ll learn lots of things from them, and never forget young today, old tomorrow ! ( excuse if my English is poor, it’s not the spoken language in my country ! )