NHRC issues notice to Kerala Govt. over death of woman due to 'negligence'

The National Human Rights Commission (NHRC) on Tuesday issued a notice to the Kerala Government in a matter of the death of an elderly woman due to the alleged neglect by her children.

The notices have been issued to the chief secretary, director general of police, secretary, department of social justice and director of social justice, Government of Kerala and district collector, Thiruvananthapuram and they have been given two weeks time to respond.

The Commission has observed that the act of the children of victim elder woman, if true, is not only inhuman but also illegal. As per the extant laws, it is the duty of the children to maintain and take care of their aged parents.

The Commission has also observed that it appears the administrative functionaries as well as the police have failed to enforce the provisions of maintenance and welfare of parents and senior citizens act 2007 and Kerala maintenance and welfare of parents and senior citizens rules 2009, which resulted in violation of the Right to Life of the victim elderly woman.

The Commission took the cognizance of the matter on a complaint, accompanied by media reports, that an elderly woman died because of the alleged neglect and indifferent attitude of her children who are highly placed officers in the Government of Kerala.

She was forced to live in Saranalayam 'Tapasya' run by the Sree Narayana Women's Cultural Association at Thiruvananthapuram. They did not turn up to her even when she was hospitalized and refused to perform the last rites, when she died in the hospital on the 24th January, 2016.

The complainant had submitted that Parliament has enacted the maintenance and welfare of parents and senior citizens act 2007 and the State of Kerala has promulgated the kerala maintenance and welfare of parents and senior citizens rules, 2009 for the protection, welfare and maintenance of parents and senior citizens.

The department of social justice is the nodal agency to implement the above mentioned Act and the Rules. Allegedly, the director of social justice completely failed in his duties as the incident happened in Thiruvananthapuram itself.

The commission also came across a circular no. 16/2010 dated the 11th March, 2010 issued by the director general of police, kerala.

The Circular lays down certain duties/responsibilities of the police to ensure strict enforcement of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 and Kerala Maintenance and Welfare of Parents and Senior Citizens Rules 2009.