Allahabad High Court rules that elder abuse violates Article 21, slams sons for cruelty, and directs full compensation to their 75-year-old father in a powerful constitutional verdict.
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UTTAR PRADESH: The Allahabad High Court has reasserted the rights of elderly citizens under Article 21 of the Constitution, condemning neglect and abuse by family members as a violation of the fundamental right to life with dignity. This came in response to a petition filed by a 75-year-old man, Ram Dular Gupta, who sought the release of compensation for his land acquired by the State.
Background
The case arose when the petitioner, aged and infirm, approached the Court to release compensation of Rs 21.17 lakhs, which was awarded for the acquisition of his land and property. What should have been a routine administrative matter turned into an emotional and moral battleground when the man’s own sons opposed the disbursal, claiming a share of the compensation.
The Court was informed that the petitioner’s sons had not only quarreled with him but had subjected him to physical and emotional abuse, prompting him to lodge an FIR. The petitioner appeared in court and narrated with anguish how his sons, now living in Surat and Mumbai, had even physically assaulted and bitten him. Despite this, the father expressed a willingness to forgive and voluntarily share part of the compensation with them.
Court’s Finding
The Division Bench of Justices Mahesh Chandra Tripathi and Prashant Kumar did not merely adjudicate the compensation dispute; they used this case as a platform to address a broader societal malaise: elder neglect and abuse.
The Court observed:
“There exists no greater societal failure, no deeper moral bankruptcy, than when a civilised society turns away from the silent suffering of its elders.”
The Bench clarified that neglect, cruelty, or abandonment of elderly parents is a direct violation of Article 21, which guarantees the right to life with dignity. The judges stated that a home turned hostile for an ageing parent is not a sanctuary but a site of injustice, and courts must intervene to protect the vulnerable under such circumstances
The Court also invoked the statutory and moral obligations of children, stating that the elderly do not seek charity in their later years; they seek respect, empathy, and reassurance.
“As their physical strength wanes and ailments rise, they do not seek charity; they seek security, empathy, and companionship from the very hands they once held and nurtured.”
The judgment draws on the Supreme Court’s observation in Ashwani Kumar v. Union of India, which noted the growing importance of social justice and the need to protect the dignity of the elderly in contemporary society.
Despite the sons’ prior conduct, they offered an unconditional apology in court and agreed to abide by their father’s decision regarding any future distribution of the compensation. In light of this, the High Court directed that the entire compensation amount be released in favour of the petitioner without delay.
However, the Court made it clear:
“Should the sons cause any annoyance or interference in the future, the petitioner shall be at liberty to file a recall application, and this Court shall not hesitate to pass appropriate and stringent orders.”
Case Title: Ram Dular Gupta v. State of U.P.
WRIT – C No. – 15359 of 2025
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