The Protection of Parents Ordinance, 2021 (والدین کی تحفظ کے آرڈیننس, 2021) is a landmark legislative measure in Pakistan aimed at safeguarding the rights and dignity of parents. It addresses issues of neglect, abuse, and exploitation by children, aligning with Pakistan’s socio-cultural values and Islamic principles. This comprehensive guide examines the procedural steps for filing a complaint under this ordinance, citing relevant laws, judicial precedents, and Quranic principles.
The Legal and Ethical Basis of the Protection of Parents Ordinance, 2021
Promulgated in response to rising cases of elder mistreatment, the ordinance enforces the moral and legal obligations of children toward their parents. Grounded in Islamic jurisprudence, it establishes a framework for protecting parents, ensuring their rights are upheld when familial or societal structures fail.
How to File a Complaint Under the Ordinance
1. Identifying Abusive Conduct
The ordinance specifies various forms of abuse, including physical violence, verbal hostility, emotional neglect, and forced eviction. Common examples include financial exploitation, disrespectful behavior, or actions that undermine the dignity of parents.
2. Lodging the Complaint
Under Section 5 of the ordinance, parents may file a complaint with the Deputy Commissioner (رازمان افسر) or the police. Though a written complaint is not mandatory, it is advisable for better clarity and documentation. District-level complaint cells are available to facilitate this process.
3. Compiling Evidence
To substantiate the claim, parents should gather:
- Ownership documents or tenancy agreements to dispute illegal evictions.
- Medical reports proving physical or psychological harm.
- Witness testimonies or visual/audio recordings of abusive behavior.
4. Seeking Legal Counsel
Engaging a legal expert is crucial for navigating the procedural complexities. Azam Ch Advocate of Sattaria Law Associates, based in Okara, specializes in such cases. He can be contacted via:
- Google Maps: Azam Ch Advocate Office
- WhatsApp: Contact
- Website: www.azamchadv.com
5. Investigation by Authorities
Once the complaint is filed, the Deputy Commissioner or police initiate an inquiry. This includes reviewing documents, interviewing witnesses, and conducting on-site visits. Interim protective measures may also be taken to safeguard the parents during the investigation.
6. Legal Enforcement and Resolution
If the complaint is verified, authorities can issue restraining orders, impose penalties, or even sentence the offending child to imprisonment. Severe cases may escalate to civil or family courts for further adjudication, including property restoration or injunctions.
Key Provisions of the Ordinance
- Section 4: Protects parents from being evicted by their children and grants them the authority to evict abusive offspring.
- Section 5: Outlines the complaint process and the roles of Deputy Commissioners and law enforcement.
- Section 6: Prescribes penalties, including up to one year of imprisonment or fines up to PKR 50,000, based on the offense’s severity.
Judicial Precedents
Lahore High Court
The Lahore High Court has consistently upheld parental rights, emphasizing their inviolability under both Islamic and statutory law. A notable judgment reinforced the sanctity of parents’ residence and sanctioned legal actions against children violating these rights.
Supreme Court of Pakistan
The Supreme Court has reiterated the moral and legal obligations of children, condemning societal trends of parental neglect. Recent rulings highlight the dual accountability—both ethical and legal—of children mistreating their parents.
Quranic Guidance on Parental Rights
The Quran underscores the paramount importance of respecting and caring for parents. Key verses include:
- Surah Al-Isra (17:23-24): “And We have enjoined upon man [care] for his parents. His mother carried him [increasing her] in weakness upon weakness, and his weaning is in two years. Be grateful to Me and to your parents; to Me is the [final] destination.”
- Surah Luqman (31:14): “And We have enjoined upon man [care] for his parents. His mother carried him, enduring weakness upon weakness, and his weaning is in two years. Be grateful to Me and to your parents; to Me is the [final] destination.”
Islamic legal maxims prioritize parental welfare as a divine command. This ordinance embodies these principles within Pakistan’s legal framework.
Frequently Asked Questions
1. What constitutes actionable mistreatment under the ordinance?
Recognized abuse includes physical harm, verbal hostility, forced displacement, and neglect. Emotional or financial exploitation also qualifies.
2. Can parents evict abusive children?
Yes, under Section 4, parents have the legal authority to evict abusive or non-compliant children. Law enforcement agencies must enforce such orders.
3. Where can complaints be filed?
Complaints may be filed with the Deputy Commissioner, police, or district complaint cells. Legal assistance can ensure proper documentation.
4. What are the penalties for violating the ordinance?
Violators may face imprisonment of up to one year, a fine of up to PKR 50,000, or both, as per Section 6.
5. Who can assist with filing complaints?
Azam Ch Advocate, based at Sattaria Law Associates in Okara, specializes in these cases. Contact him via:
- WhatsApp: Click here
- Website: www.azamchadv.com
