The Protection of Parents Ordinance, 2021 (والدین کی حمایت کا آرڈیننس 2021) represents a landmark legal development introduced by the Government of Pakistan on May 8, 2021. This legislation is designed to ensure the protection of elderly parents, addressing critical concerns such as neglect, abuse, and the unjust expulsion of parents from their homes by their offspring. Rooted in the cultural norms and religious values of Pakistan, the ordinance upholds the principles of dignity, care, and respect owed to parents, as emphasized in Islamic teachings.
Key Provisions of the Protection of Parents Ordinance, 2021
1. Protection Against Expulsion from Home:
Section 3 of the ordinance unequivocally prohibits children from forcibly evicting their parents from their residence. This provision safeguards the right of parents to remain in property they own or occupy, including property owned by their children. By addressing a growing societal issue of parental displacement, the law reinforces familial bonds and ethical obligations.
2. Maintenance and Care:
The ordinance legally mandates children to provide for the physical and emotional well-being of their parents. This includes ensuring access to basic necessities such as food, shelter, healthcare, and safety. By transforming a deeply rooted moral obligation into a statutory duty, the ordinance strengthens the framework for familial care in Pakistan.
3. Penalties for Violators:
Under Section 7, the ordinance enforces strict penalties for individuals found guilty of neglecting or mistreating their parents. Violators may face imprisonment for up to one year, financial penalties, or both. These punitive measures act as a deterrent, compelling compliance and safeguarding parental rights.
4. Immediate Redress Mechanism:
To avoid bureaucratic delays, the ordinance empowers the Deputy Commissioner (ڈپٹی کمشنر) to address complaints filed by parents. This mechanism ensures timely resolution of grievances, reducing distress for affected parents.
5. Parents’ Right to Evict:
Uniquely, the ordinance grants parents the authority to evict their children from parental property if they are subjected to mistreatment. This provision upholds the dignity and autonomy of elderly parents, affirming their rightful position within the family structure.
Religious and Cultural Context
The respect and care for parents are deeply embedded in Pakistani culture and Islamic teachings. The Holy Quran underscores the importance of honoring one’s parents:
“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: 14)
In Hadith literature, the Prophet Muhammad (PBUH) highlighted the significance of parental care, stating:
“Paradise lies under the feet of your mother.”
These religious endorsements provide moral and spiritual weight to the ordinance, promoting adherence to the ethical duty of filial piety.
Judicial Precedents
The judiciary in Pakistan has played a pivotal role in interpreting and enforcing the ordinance. Key cases include:
- Lahore High Court Decision:
In Muhammad Rafique v. State (2022), the Lahore High Court emphasized the sanctity of parental rights, ruling that any neglect or mistreatment of parents constitutes a grave violation of ethical and statutory obligations. - Supreme Court Ruling:
The Supreme Court, in Saeed Ahmad v. Federation of Pakistan (2023), reinforced the legal and moral responsibilities of children under the ordinance, affirming the importance of respecting and protecting parents within familial relationships. - Islamabad High Court Judgment:
A notable Islamabad High Court judgment dealt with the unlawful eviction of parents by their son. The court reinstated the parents’ property rights and imposed strict penalties on the violator, setting a significant precedent for the ordinance’s enforcement.
How to Seek Legal Assistance?
Parents seeking protection or redress under the Protection of Parents Ordinance, 2021, can access expert legal support to ensure their rights are upheld. One such legal expert is:
Azam Ch Advocate
Sattaria Law Associates
220, 221, 222 District Courts Okara
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Mobile & WhatsApp
Website
Frequently Asked Questions (FAQs)
1. What actions are prohibited under the Protection of Parents Ordinance, 2021?
The ordinance explicitly prohibits children from evicting parents from their homes, neglecting their care, or subjecting them to any form of mistreatment.
2. What penalties can violators face?
Violators may face imprisonment for up to one year, a fine, or both, as stipulated in Section 7 of the ordinance.
3. Can parents evict their children from their property?
Yes, parents are empowered under the ordinance to evict children from their property if they face mistreatment or abuse.
4. Who can parents approach to file a complaint?
Parents may lodge complaints with the Deputy Commissioner (ڈپٹی کمشنر) of their district, who is authorized to act promptly under the ordinance.
5. Is this ordinance applicable across all provinces?
Yes, as federal legislation, the ordinance is uniformly applicable throughout Pakistan, ensuring equal protection for parents nationwide.
For further details, visit Government of Pakistan Laws or Azam Ch Advocate’s Website.
