The challenges in implementing the Parents' Maintenance Act 2013

The Maintenance of Parents Act 2013 was introduced in Bangladesh to ensure that elderly parents receive proper financial support from their children. 

The Act mandates that children provide financial support to their elderly parents who are unable to support themselves, including basic necessities such as food, clothing, and shelter. 

However, the implementation of the Act has faced several challenges, including a lack of awareness among the general public, lengthy legal processes, and a lack of enforcement mechanisms. 

Despite these challenges, the successful implementation of the Act has the potential to bring significant change in the lives of elderly parents in Bangladesh, in terms of their physical, emotional and financial well-being.

The Act not only provides a legal framework for ensuring that elderly parents are not abandoned or neglected in their old age, but can also promote intergenerational harmony and respect for elders, which are core values of Bangladeshi society. 

The Maintenance of Parents Act 2013  establishes the obligation of children to provide financial support to their parents who are unable to maintain themselves (section 3). This obligation exists regardless of whether the parents are in need or not.

Parents can file an application for maintenance in writing, either in front of a first-class judicial magistrate or a metropolitan magistrate (section 7). The court can then issue a maintenance order, requiring the children to provide financial support to their parents in accordance with the amount determined by the court.

If the children fail to comply with the maintenance order, they may be fined up to Tk1 lakh; and in case of non-payment of the fine, they may face imprisonment for a term not exceeding 3 months (section 5).

The court may also refer the complaint to a competent person for conciliation, and a settled complaint shall be deemed to have been settled by the competent court (section 8). This Act is an essential tool in protecting the rights of elderly parents and ensuring that they receive proper care and financial support from their children.

Evaluation of the provisions of the Act with the current situation in Bangladesh reveals that the implementation of the Act has been a challenge. Despite its noble intention of ensuring that children support their elderly parents, the Act has faced several difficulties in its implementation. 

One of the biggest challenges in implementing this Act is the lack of awareness among the general population. Many people, especially in rural areas, are unaware of the provisions of the Act and their rights and responsibilities under it. 

This lack of awareness makes it difficult for parents to seek maintenance from their children and also results in a lack of enforcement of the Act by the authorities.

Another challenge is the cultural attitudes toward aging and elderly care in Bangladesh. 

In many parts of the country, the responsibility of caring for the elderly falls on the shoulders of the children, particularly the sons. 

However, the changing socio-economic dynamics and migration patterns of families have made it difficult for children to fulfill this responsibility. 

A third challenge is the lack of resources and manpower available for the enforcement of the act. The government agencies responsible for implementing the act are often understaffed and lack the resources needed to effectively enforce it. 

This makes it difficult for parents to access the maintenance they are entitled to under the act and also results in a lack of accountability among children. As a result, only a small percentage of elderly parents who need financial support actually receive it.

Another challenge is the lengthy legal process and bureaucratic red tape involved in filing and settling cases under the Act. Many elderly parents are unable to afford legal fees, and the lengthy legal process can be daunting and exhausting, further deterring them from filing cases.

Despite these challenges, the Parents' Maintenance Act 2013 has the potential to ensure that the elderly receive the care and support they need in their later years. 

Meanwhile, by raising awareness about the Act and its provisions, the government can encourage a change in cultural attitudes towards aging and care for the elderly.

In the case of Aleya Begum v. Lance Nayek Abdul Kalam Azad (2015), the Senior Judicial Magistrate court, Rangamati found the son and daughter-in-law of the plaintiff guilty as the defendants had neglected their legal obligation to provide financial support to the plaintiff for 16 years and mistreated her when she asked for help. 

As a result, the court ordered them to pay fines under the Parent's Maintenance Act 2013, which would be used to support the elderly parent.

This case serves as an example of how the act can be enforced to protect the rights of elderly parents in Bangladesh. However, it also highlights the need to educate the public about their legal responsibilities towards their parents, as many people in Bangladesh are unaware of the Act's provisions. 

It is important to raise awareness and provide legal assistance to elderly parents who are neglected by their children to ensure that they receive the support and care they deserve.

In conclusion, the government and other stakeholders must work together to address the challenges and ensure that the Parent's Maintenance Act 2013 is effectively implemented and enforced. 

This will not only benefit older people in Bangladesh but will also help to promote intergenerational harmony and strengthen families in the country.

Joy Chandra Bala is a student of LL.M at North South University.

Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.