Parental Care in Bangladesh: What the Law Says

It is a moral responsibility for every child to take care of their parents when they reach old age. However, in reality, many elderly parents struggle to survive and often endure neglect while silently accepting hardship for the sake of their children’s happiness.

Even if they remain silent, Bangladesh has a legal framework to ensure the maintenance of elderly parents. The Parent Maintenance Act, 2013 was enacted in 2013, but many people still lack adequate knowledge about the law.

What the Law Says

The law was enacted by the then Awami League government with emphasis on ensuring parental maintenance and cohabitation with children.

Section 3 of the Parents Maintenance Act, 2013 states that every child must ensure the maintenance of their parents, and in cases of multiple children, all must share the responsibility through mutual discussion.

The law further states that no child can force their parents or either of them to live in a shelter home or any other place against their will, either jointly or separately. Children are required to regularly check on their parents’ health and ensure necessary medical treatment and care.

The law also requires children to provide regular companionship to their parents. It adds that if a child’s spouse, children, or other close relatives obstruct the child from fulfilling these responsibilities, they will also be considered equally guilty and subject to punishment.

Under Section 3(7) of the Act, if a father or mother or both live separately from their children, each child must provide a reasonable portion of their income, whether monthly or annually, to support their parents.

If the Law Is Violated

If any person violates the Maintenance of Parents Act, they will be tried before a First-Class Judicial Magistrate or Metropolitan Magistrate court. However, the court cannot take cognizance of an offense under this law without a written complaint from the parent. The law also includes provisions for settlement through mutual agreement.

Under Section 5(1) of the Act, if an elderly person files a complaint against their children and the allegation is proven, the court may impose a fine of up to 100,000 taka, or in default, a maximum prison sentence of three months. However, enforcement of the law remains very limited in the country.

If the Children Are Not Alive

Under the Maintenance of Parents Act, the Ministry of Social Welfare has formulated the Maintenance of Parents Rules, 2023. These rules reinforce the rights and security of parents, including directives on cohabitation with children, access to healthcare, and restrictions against sending them to shelter homes against their will.

If children are unable to take care of their parents, the rules allow arrangements for their care in government or privately operated care centers.

If parents do not have any surviving children or anyone responsible for their care, a parental maintenance committee will arrange their placement in care centers.

The rules also outline the creation of a ‘maintenance fund’ supported by government allocations and domestic and international assistance to support vulnerable elderly parents.