Court gives a Verdict.... But Justice nowhere in Sight


Richard D’Souza
Kemmannu News Network, 31-12-2019 14:06:51


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Udupi : Bhoja Shetty gifted all his hard earned properties such as a house and about 5 acre of agriculture land to his children. This 77 years old senior citizen is suffering from old age related health problems. At this stage of his life, he is forced to work as a daily wager for his livelihood. Seven years ago, he was ceremoniously thrown out from his own house and then onwards running from pillar  to post for justice.

Addressing a press conference at Vaikunta Baliga Law College here on Tuesday, December 31, Dr. Ravindranath Shanbaug President of Human Rights Foundation President that starting from a scratch, Bhoja Shetty of Mudradi village in Karkala Taluk, slogged for his entire life and managed to acquire 5 acres of  property and other assets for his five sons and two daughters.  At present, he is suffering from blood pressure as well as diabetes. After the marriage of his two daughters and settling three of his sons in hotel industry in Mumbai and Goa, he still has to struggle for his two square meals and medicines. No Senior citizen deserves this kind of existence nor should be meted out with this kind humiliating and harsh treatment.

His father Late Suranna Shetty was very poor and worked as a daily wage labourer with some Landlord in Gudala Bettu. Bhoja Shetty had to give up his studies at the early age of twelve and started his career as an agriculture labourer in order to assist his father and to get his sisters married.

He acquired 5 acres of agricultural land under Land Reforms Act. After working for over 35 years,  in the year 1995, as per the advice of his wife, he divided and transferred his agricultural property and his residential house amongst his children.  He entered into an agreement with his children that he would be given a monthly allowance for his maintenance by each son.

Just after the passage of two years after this arrangement, his children started ill-treating him, nagging him regularly, finding fault with him on anything and everything. Payment of monthly maintenance stopped.  Even the sons in Mumbai and Goa who had grown up as successful businessmen too discontinued the remittance. 

Poor Bhoja Shetty had to once again start undertaking labour to get two square meals a day. He had to get  cataract operated in one of the eyes in a Govt. Hospital in spite of having wealthy sons. Since the last three years, Shetty has been toiling as a watchman in a factory producing concrete blocks in Varanga near Mudradi village. 

 

Approached  the Police for Justice: 

He approached the Police in Hebri to help him to get monthly compensation for his livelihood as agreed upon by the sons. The Police called his children to the Police Station and procured a bond that they would provide the monthly maintenance in future. Even after giving such an undertaking at the Police Station, there was no change in the situation and they never kept their words. 

Approached Human Rights Protection Foundation, Udupi:

After struggling, for few more months, Shetty approached Human Rights Protection Foundation in October 2018 and narrated his tale of woes. A complaint was lodged with the Senior Citizens Tribunal  in Kundapur seeking assistance to get relief. A request was made to direct the children to provide monthly financial  relief as agreed by them while taking possession of properties. In the event of the children failing to keep their promise, a request was also made to retransfer the  properties back to Bhoja Shetty.  

When notices were served on the defaulting sons of Bhoja Shetty, they called on the Conciliation Officer appointed by the District Administration for settlement and assured to provide monthly maintenance to the aggrieved Senior Citizen. All this transpired as far back as December 2018.

Judgement of  the Senior  Citizens Tribunal:

In the month of December 2019, the Tribunal  gave the verdict directing each of the five sons to provide monthly maintenance of Rs. 2000/- to their father by crediting the same to the Savings Bank account. The Tribunal also ordered  the sons for arranging for a rented accommodation to their father.

Though after the lapse of over an year, Bhoja Shetty at last heaved a sigh of relief after reading the judgement of  the Tribunal. He hoped that his worst days would be over on implementation of the verdict when each of his sons remit Rs.2000/- to his account aggregating to Rs.10,000/-.

No Change in the Attitude of the Children:

Even after receiving the copy of judgment from the Tribunal, none of the sons remitted any maintenance to the father. His hopes of getting relief from his worthy children was shattered. He is not getting even the meager salary on which he survived, since the factory in which he was working is closed at present.

He had no other go but to approach  the Welfare Officer at the DC’s Office for implementation of the order of the Senior Citizen Tribunal.

The  Final  Blow from his "DEAR" SON:

Recently, when Shetty went to a hotel in Mudradi for food, one of the sons by name Subhash Shetty blocked him on the road and shouted at him as under:-

’Did you complain to Assistant Commissioner (AC) about monthly maintenance? Are you trying to get government orders in this connection? AC has asked each one of us to pay Rs.2000/- per month….. Take it from me, you will not get even Rs.10/- from anyone of us. I will not allow any of my brothers to pay you. Do whatever you want to do. .  I  will see to it you will  not survive any longer"

Bhoja Shetty was totally shattered by this confrontation from his own son. Naturally, he complained about this to the Hebri Police Station and sought their protection.

Bhoja Shetty has become so helpless and desperate that it would not be a surprise if he commits suicide one of these days to get relieved from all these problems and threats.

 

Box item

To whom a senior citizen has to approach to get the Tribunal’s Order implemented?

·         As per the Section  5(4) of Maintenance &Welfare of Parents & Senior Citizens Act, 2007 an application filed for the maintenance and expenses for proceedings shall be disposed of within 90 days from the date of the service of Notice of the application to such person. In Bhoja Shetty’s case the judgment was announced after 14 long month

·         The Tribunal may, during the pendency of the proceedings regarding monthly allowance for the maintenance, order such children to make a monthly allowance for the interim maintenance of such senior citizen. In Bhoja Shetty’s case, even though he has stressed that he has no income at all, no such order was passed even though the application was pending for more than 14 months before the Tribunal.

·          In 2018 itself, most of the children appeared in front of Conciliation Officer and agreed to pay any amount decided by the Tribunal. Nobody knows what prevented the Tribunal to pass at least the interim Order for maintenance.

·         As per the procedure, the Tribunal has to send a copy of the Order to the Maintenance Officer appointed under Section 18(1) of the Act. He has to assist and represent the senior citizen during the proceedings of the Tribunal. In Bhoja Shetty’s case the aggrieved senior citizen had to approach the Maintenance Officer and provide him the copy of the judgment. In spite of this no action has been taken to this date.

 

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