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Elderly Father’s Right Upheld: Allahabad HC Slams Sons for Neglect, Orders Full Compensation

Shivam Y.

The Allahabad High Court ruled that neglecting or mistreating elderly parents violates their right to life with dignity under Article 21. The court ordered the release of ₹21 lakh compensation to a 75-year-old man after his sons opposed the payment.

Elderly Father’s Right Upheld: Allahabad HC Slams Sons for Neglect, Orders Full Compensation

The Allahabad High Court recently delivered a strong judgment condemning the mistreatment of elderly parents, stating that cruelty, neglect, or abandonment by children violates the fundamental right to life with dignity under Article 21 of the Constitution.

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A bench comprising Justice Mahesh Chandra Tripathi and Justice Prashant Kumar emphasized that children have both a moral and legal duty to care for their ageing parents. The court highlighted that elderly parents deserve security, empathy, and companionship—not neglect or abuse—from those they once nurtured.

Case Background: Dispute Over Compensation

The case involved a 75-year-old man, Ram Dular Gupta, who sought the release of ₹21,17,758 as compensation for his acquired land and superstructure. While the government had assessed the amount and issued a payment notice on January 16, 2025, the disbursement was delayed due to objections raised by the petitioner’s two sons.

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The sons claimed they had contributed to the construction of the superstructure and thus deserved a share. However, the father argued that he had built the property entirely with his own resources and accused his sons of physical and emotional abuse after the compensation was announced. Shockingly, he even displayed injuries inflicted by his sons in court.

The bench expressed deep anguish over the sons’ conduct, stating:

"It is deeply unsettling that no sooner was the compensation announced than the petitioner was subjected to acts of aggression and cruelty by his own children... There exists no greater societal failure, no deeper moral bankruptcy, than when a civilized society turns away from the silent suffering of its elders."

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The court further remarked:

"Parents spend the most vital years of their lives toiling for the nourishment, education, and future of their children, often with no expectation in return. But to be repaid in the winter of their lives with cruelty, neglect, or abandonment is not only a moral disgrace but also a legal violation."

The judges firmly asserted that neglecting elderly parents violates Article 21, which guarantees the right to life with dignity. They stressed that courts must intervene when families fail in their duty, acting as the "last bastion of compassion" for vulnerable elders.

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Despite the abuse, the elderly father displayed remarkable forgiveness, agreeing to share a portion of the compensation with his sons voluntarily. The sons, in turn, tendered an unconditional apology and assured the court they would not trouble their father further.

After reviewing the case, the court directed the authorities to release the full compensation to the petitioner without delay. It also warned that if the sons caused any further interference, the petitioner could approach the court again, and strict action would follow.

Case Title: Ram Dular Gupta vs. State of U.P. and Others