Protection of Parents Ordinance 2021 was a real need in this advanced becoming family system of Pakistan. So the government has finally promulgated an ordinance for protecting parents against forced eviction by their children from home. A detailed explanation of the Protection of Parents Ordinance 2021 is given below.
Protection of Parents Ordinance 2021 (Explained)
Pakistan’s President Dr. Arif Alvi has issued an ordinance, “Protection of Parents Ordinance 2021” by using his powers under Article 89 of the Constitution of Pakistan 1973.
It makes the commission of such acts susceptible to punishment for a one-year jail term and fine. Even both are often awarded to those found guilty.
According to the ordinance, where a child, their spouse or offspring evicts or expels parents from a home, whether owned or rented by the kid or in their possession by the other means, they shall be punished with rigorous imprisonment for a term not exceeding one year or with fine or with both.
However, it’s also stated that parents would have a solid right to evict a child or his spouse from the house owned by them.
According to this ordinance, a child means someone aged 18 or above. However, if a child or the spouse fails to vacate the house upon the expiry of seven days of service of a written notice of eviction from the parents, they shall be guilty of an offense punishable with simple imprisonment for a term which can be extended for one month or fine extended to Rs50,000 or with both. Before this, a written notice must be served to the child or the spouse.
According to the ordinance the deputy commissioner is fully empowered to take action against such acts or if the notice is not complied with.
If the deputy commissioner is satisfied that parents are the owners of the home in view of the official record, irrespective of the child’s defense 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 the rights of parents living with their children.
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