Law Review Reforming the Maintenance of Parents Act: Beyond penal provisions

প্রথম পাতা » Law & Orders » Law Review Reforming the Maintenance of Parents Act: Beyond penal provisions
বুধবার, ২১ অক্টোবর ২০২৬



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The Maintenance of Parents Act, enacted in 2013, aimed to establish the obligation of offspring toward their parents. However, after more than a decade, questions persist regarding whether merely amending the Act’s penal provisions will achieve its intended objectives. Critics argue that the law is limited by its narrow scope, focusing exclusively on the parent-child relationship while failing to address the broader needs of senior citizens who may lack family support. The current legislation excludes adoptive parents and fails to impose state-level responsibilities for the welfare of the elderly, such as ensuring access to food, shelter, and medical care.

The plight of elderly citizens could perhaps be alleviated had the state discharged its obligations concerning citizens’ welfare, instead of just limiting maintenance obligations to the offspring alone. Had the Act broadened the scope of its application to all senior citizens, with the inclusion of proactive measures from the state’s end, the scenario would perhaps have been vastly different.

Furthermore, the Act relies heavily on criminalization, which may not be the most effective approach for addressing civil maintenance claims. Unlike similar laws in India or Singapore, which prioritize maintenance orders through tribunals, the Bangladeshi law restricts the filing of complaints to the parents themselves, creating barriers for those who are physically unable to access the court. Legal experts suggest that future reforms should focus on shifting from a purely penal framework to a more comprehensive system that includes proactive state support and broader protections for all senior citizens.

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