Open Access Research Article
DAUGHTERS’ DUTY TO MAINTAIN PARENTS: GAPS AND OVERLAPS IN THE HINDU ADOPTIONS AND MAINTENANCE ACT, THE SENIOR CITIZENS ACT AND THE BHARATIYA NAGARIK SURAKSHA SANHITA
Abstract
Indian
law imposes a duty on adult children to maintain parents who cannot support
themselves. This duty is found in three separate laws: Section 20 of the Hindu
Adoptions and Maintenance Act, 1956; the Maintenance and Welfare of Parents and
Senior Citizens Act, 2007; and Section 144 of the Bharatiya Nagarik Suraksha
Sanhita, 2023, which replaced Section 125 of the Code of Criminal Procedure,
1973. Each law speaks of “children” or “parents” in gender-neutral terms, and
the Supreme Court has held that a married daughter with sufficient means is
liable in the same way as a son. However, the three laws provide different
forums, procedures and remedies, and none explains how they should operate
together, how liability should be shared among siblings, or how a married
daughter’s means should be assessed. Using the doctrinal method, this paper
examines the three laws side by side, analyses the leading case law, and
identifies gaps in coordination, apportionment and enforcement. It argues that
the law is formally equal but practically unclear, and it proposes reforms,
including a coordination provision, statutory guidance on sharing liability
among children, and stronger enforcement, so that the duty is clear and fair to
parents and daughters alike.
Keywords:
Maintenance of Parents; Daughters; Senior Citizens Act;
Section 144 BNSS; Gender Equality.
Published Paper
Author Details
Authors: VARDAN SAMAIYARegistration ID: 1013626 | Published Paper ID: IJLRA13626Approved ISSN: 2582-6433 | Country: Delhi, India
Article Information
DAUGHTERS’ DUTY TO MAINTAIN PARENTS: GAPS AND OVERLAPS IN THE HINDU ADOPTIONS AND MAINTENANCE ACT, THE SENIOR CITIZENS ACT AND THE BHARATIYA NAGARIK SURAKSHA SANHITA
Authors: VARDAN SAMAIYA
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 8
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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