Harassment to senior citizens by the members of the Society

257 votes

In India, senior citizens are legally protected against harassment and abuse under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. This law allows them to claim maintenance from their children or legal heirs if they are unable to support themselves. It also provides remedies against mental harassment, abandonment, and neglect. Mental harassment includes emotional abuse, isolation, intimidation, and humiliation. Senior citizens facing such issues can file complaints with the Maintenance Tribunal, the police, or approach the Appellate Tribunal if necessary. This act ensures their dignity, well-being, and legal rights are safeguarded.

LawRato LawRato

745 votes

Based on the set of facts provided by you, some of the relevant provisions of the Indian Penal Code, 1860 (IPC) that deal with the harassment of senior citizens include: a) Section 506 - Criminal intimidation: This section deals with cases where a person threatens to cause harm to a senior citizen with the intent of causing alarm or fear. This section provides for imprisonment of up to two years or a fine, or both, for those who are found guilty of criminal intimidation. b) Section 509 - Word, gesture or act intended to insult the modesty of a woman: This section provides for imprisonment of up to three years or a fine, or both, for those who use words, gestures or acts that are intended to insult the modesty of a senior citizen. With respect to the act of nuisance, you can take the following action against the nuisance-monger and the dishonest members of your society - 1. Filing a complaint with the society management committee: The first step in addressing the nuisance caused by members of your society is to inform the management committee of the society. The management committee has the power to take action against members who are causing nuisance and may issue a warning or take other disciplinary action. 2. Filing a complaint under the Consumer Protection Act, 2019: The Consumer Protection Act, 2019 provides for the protection of consumers from unfair trade practices and services. If you are facing nuisance from members of your society and feel that your rights as a consumer are being violated, you can file a complaint with the Consumer Disputes Redressal Commission. 3. File a complaint with the Judicial Magistrate: If the society members are falsely implicating you, file a complaint against them with your nearest Judicial Magistrate under Section 200, CrPC under the following sections- - Section 182 - False information, with intent to cause public servant to use his lawful power to the injury of another person: This section deals with cases where a person gives false information to a public servant, with the intention of causing them to use their lawful power to harm another person. The punishment for this offence can be imprisonment for up to six months, or a fine, or both. - Section 211 - False charge of an offence made with intent to injure: This section deals with cases where a person makes a false charge of an offence with the intent to cause harm to another person. The punishment for this offence can be imprisonment for up to two years, or a fine, or both. - Section 499 - Defamation: This section deals with cases where a person makes a false and defamatory statement about another person with the intent to harm their reputation. The punishment for this offence can be imprisonment for up to two years, or a fine, or both. Collect all evidence that proves your innocence, such as CCTV footage, eyewitness accounts, or any communication that you have had with the accused member. This evidence will help you to present your case before him during the inquiry. You can also mention the previous police complaint filed against the accused member and the lack of action taken by the Police. 4. Filing a civil suit: If the nuisance caused by members of your society is causing you harm, such as damage to your property, or personal discomfort, you can file a civil suit against them. A civil suit is a legal proceeding that allows you to seek an injunction against such acts of nuisance and/or monetary compensation for the damages caused by the nuisance. In addition to these remedies, you can also seek the advice of a civil lawyer of your liking who can guide you through the legal process and help you to take the necessary steps to protect your rights.

LawRato LawRato

927 votes

you can go ahead to file a case in the senior citizen tribunal very well and take action against the society members as well as the person who is creating nuisance in the society as well as you and you can get protection orders as well orders to not disturb you

Advocate Brahmanand Dube LawRato

839 votes

Hello If your society is registered then the management has to abide by its bye-laws which include taking action against harassment to fellow member by other members. If they fail to do so, you may approach the consumer court and demand compensation from the society. Alternatively, you can approach the police authorities and register a complaint against the persons who have been harassing you.

Advocate Humera Padvekar LawRato