Law prevents kids from evicting parents from home

President promulgates ‘Protection of Parents Ordinance 2021' under Article 89 of the Constitution


Our Correspondent May 08, 2021

ISLAMABAD:

The PTI-led government has finally promulgated an ordinance for protecting parents against forced eviction by their children from homes.

President Dr Arif Alvi has issued the ordinance, "Protection of Parents Ordinance 2021” under Article 89 of the Constitution.

It makes the commission of such acts liable to punishment for a one-year jail term and fine. Even both can be awarded to those found guilty.

According to the ordinance, where a child, their spouse or offspring evicts or expels a parents from a home, whether owned or rented by the child or in their possession by any other means, they shall be punished with rigorous imprisonment for a term not exceeding one year or with fine or with both.

However, it is also stated that parents would have the right to evict a child or their spouse from the home owned by them.
According to the ordinance, a child means someone aged 18 or above.

However, if a child or the spouse fails to vacate the home upon the expiry of seven days of service of a written notice of eviction from the parents, they shall be guilty of offence punishable with simple imprisonment for a term which may be extended for one month or fine extended to Rs50,000 or with both. Prior to this, a written notice must be served to the child or the spouse.

The ordinance gave authority to district deputy commissioners to proceed in accordance with law in case if the notice is not complied with.

If the deputy commissioner is satisfied that parents are the owners of the home in view of official record, irrespective of the child’s defence that the house was constructed or purchased on their fund, the child may be ordered to vacate the property.

Police, under the ordinance, could make arrests without warrants in these cases and present the arrested ones before a magistrate.

Under the ordinance, both parents and their children have been given the right to appeal within 30 days.

In November last year, Law Minister Dr Farogh Naseem discussed the proposal with Prime Minister Imran Khan to promulgate the ordinance to prescribe the right of parents to evict their children and their spouses and protect rights of parents living with their children.

He informed the premier that the ordinance should focus on three things.

First, it should restrain children from evicting their parents from their homes if the houses are owned by the children.

Secondly, if the houses are owned by parents, they should have the right to evict children and their spouses through simple procedures i.e. within 10 days through intervention of the police or district management.

Thirdly, if houses are constructed with funds provided by parents or grandparents, but they are registered in the names of children, some remedy is to be provided to parents till the time they are alive.

The prime minister had approved the proposal and asked the law minister to urgently draft the ordinance.(With input from agencies)

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