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The impacts of Parents Maintenance Act, 2013

A Research Proposal submitted to the Department of Law, Leading University,


Sylhet for the Masters Degree in Education.

Submitted by

Name ID
AKM Fazle Hasan Chowdhury 1914057003
Abul Kasem 1914057004
Jakir Hussain 1914057007
Shekh Kahadiza Khatun Poly 1914057011
Shekh Hafsa Khatun Koli 1914057012
Ziaur Rahman 1914057013
Tahmina Akther 1914057015

Submitted To

Professor Dr. Md.Ismail Hossain

Deparetment of Social Work

Shahjalal University of Science and Technology

Sylhet,Bangladesh
Introduction: Parents maintenance means supporting parents in their old age.
Parents maintenance includes financial support, medical support, warm clothes,
festive clothes etc. It is the utmost duty of children to provide maintenance to their
parents on their old age. It is the social, moral and religious duty of children to
ensure maintenance. After the age of fifty they become dependent to their children.
In order to provide justice of this people, Bangladesh legal system has provided
some relief by which if a situation comes where parents have no way out can use
the tool of maintenance in order to meet their basic necessities for survival. In 2013
the Government of Bangladesh has enacted an Act named Parents Maintenance
Act. In this research we will try to discuss about the importance of parents
maintenance.
Review of Literature
1) Barikdar T, Ahmed T, Lasker S.P described that Modern society has failed to keep the dignity
and honor of the parents. This may be occurred to various reasons like individualistic attitudes,
instability of family structures, devaluation of dignity, differences in incomes and other social
problems. The same sceneries is happening in Bangladesh. Constitution of the Bangladesh
ensure the rights of older people, However Bangladesh has pension policies to ensure social
security on old age for retired government employees only but also other responsibility for
elderly people recently added by the parent care Act 2013 of Bangladesh. This Act focus on the
children has to take necessary steps to look after their parents and provide them in maintenance.
There are initiative taken by government and NGO’s and social organizations for elderly but it is
not enough to cover the whole elderly population of Bangladesh. In Bangladesh traditional
family patterns are breaking down which change norms and values such as respect to elderly
people in the family and community. At the oldest stage, elderly suffer from various health
problems, which may demand long term psychosocial treatment, nursing care and
hospitalization. Elderly people are sometimes abused by community and also by the family
members. Due to increasing small sized family elderly people are living a corner of the house.
Loneliness and anxiety are grave emotional problems encountering the older population,
especially for the elderly women. Life expectancy of Bangladesh people is 65 for male and 68
for female. Taking adequate care of the elderly will be a major challenge for Bangladesh. The
root causes of vulnerably of elderly are medical, e-commercial, emotional and social issues
which are concerns not only for the individual on family, but also a concern for the government.
They are the asset of the nation. It is the responsibility of everyone to take care of them and
utilized this asset. The elderly is the last stage of our life cycle and the reality. Everybody has to
pass through this stage. So it is responsibility of all citizens of Bangladesh to come forward for
the wellbeing of our elderly.

Some of important things are missing:

a) Strategies are to be taken to ensure the elderly Rights.

b) The key challenges to ensuring the rights of the Parents maintenance.


2) In Bangladesh, in spite of the fact that society is guided by religion, in later a long time, for
assortment of social economic reasons, social and family structures are dividing and expanded
families are declining, which leads to other social issues such as the disregard of elderly
guardians, and diminishing social holding and regard. In most societies, a few look after for
elderly guardians by their children are by and large anticipated based on either ethical quality or
lawful disobedient. In later a long time there have been a number of events in different locals of
Bangladesh where elderly guardians have been uncaringly treated and ignored. In arrange to
bargain with this, in 2013 the government brought forward a Support of Guardians Act. This
article tries to create a bridge between ethical obligation and legal obligation towards guardians.
It'll moreover make a comparative investigation of the 2013 Act with Acts of other wards and
make a few recommendations for making strides the Act whereas criticizing different
arrangements of the existing legitimate system for senior parents’ care.

In this article Rafea khatun tries to create a bridge between moral obligation & legal obligation
towards guardians

But according to the article there have no statement for elderly people's home security and
medical support. Elder people suffered from so many diseases as for their age so in that case they
need proper treatment as their body demand.

Below 2 points have not mentioned in this article

a. Secured home support.

b. Physical treatment as demand.

3) Muhamma Zahirul Islam described the importance of Parents Maintenance Act to this
research. Parents are the most significant persons for every people. We can’t see this beautiful
universe without parents. They have tried their best to ensure a bright future for their children.
But at a time they become old aged, So they can’t earn that time to survive their life. As a result
they become dependent on their children. But it is a matter of great regret that most of the
children of our country didn’t give maintenance to their parents. And it is happening mostly
because of illiteracy of children. Even in Islam it is well emphasized that every children should
perform their duties towards parents. In such circumstances the Government of Bangladesh has
enacted Parents Maintenance Act, 2013.We welcomed this necessary law warmly. We should
help the government agencies to implement this law around the country.
4) Matthew R Sanders ,(M); Ted Glynn, (T)states that, This study examined the generalization
and maintenance effects of three phases of parent training (Instructions plus Feedback and two
Self‐management Training phases) on levels of disruptive child behavior and the accuracy with
which parents implemented programs. Data were collected from five families in three main
settings: the initial training setting (the home), a variety of generalization settings in the
community, and the family breakfast. A multiple baseline across subjects design was used.
Instructions plus Feedback comprised instructing parents to use a range of behavior management
procedures and provided home‐based differential feedback concerning accuracy of program
implementation. Self‐management Training phases involved training parents in goal setting,
self‐monitoring, and planning skills, specific to their performance of appropriate parenting skills
in generalization settings. Results indicated that the Instructions plus Feedback phase was
sufficient to produce reduced levels of problem behavior at home and high levels of accurate
implementation, but generalization effects out of home were equivocal. Self‐management
maintained reduced levels of problem behavior at home but, in addition, resulted in
generalization effects in community settings for both children and parents. Maintenance probes 3
months following the program revealed the effects had been maintained.

In this article needed to be include:

a) To suggests the specific ways to get remedy for the parents.

5) Kurratul Ayin describe the effectiveness of mentioned act in short ways. In 2013 Bangladesh
Government enacted a welfare law named ‘The Parents Maintenance Act 2013. There were
possible reason behind this in order to ensure social security of the senior citizens. Elderly
population are increasing significantly compare to the young. Population aging and its social and
economic consequences are drawing increased attention from policy makers’ worldwide.
Likewise, Bangladesh is also concern to the proper maintenance of elderly; in 2013 Bangladesh
government shifted these responsibilities through the law, making adult children responsible for
maintenance of their elderly parents. It will show an overview of Parents maintenance Act 2013.
it will highlight some limitations and apparent negative impact of the act. This Paper will try to
appraisal of this act in the contest of Bangladesh; it should there be a law, through the
experiences from different countries, how far it will be benefited for elderly parents and the
government in a long term.

In this article some of things are not mentioned specifically:

a) It was not covering the range of sustainable development issues relating to Zero hunger, good
health and well being.

b) There is no specific way to give the maintenance.


6) The assumption that social and economic transitions in a country pose a threat to the
provision of support to older people is questioned in this study .The study investigate the
availability and source of such material, practical and emotional support in urban and rural areas
of Bangladesh. It was found from an interview survey of 701 individuals aged 60 years and older
that the propensity to receive support was greater among rural older people then their urban
counterparts. Among married older people, spouses were reported as important sources of
emotional support for both elderly men and women, and some regional differences were
observed. The data show mutuality in the provision of support between older people and their
family member's .It is evident that support to elderly strong in Bangladesh and that the socio-
culture dynamics of the society influence its provision.

In this Article ZARINA NAHAR KABIR describe the study investigation the availability and
sources of Such material, practical and emotional support in urban and rural old people in
Bangladesh.

But in this article missing that,

a) There is no connectivity with the present existing law; in the impact of parents maintenance
act.

7) The Parent's Maintenance Act, 2013, a law to ensure social security of the senior citizens,
force the children to take good care of their parents. While the children move into the working
age group, the parents move into the retired age group, and there comes the time when parents
become dependent on their children. Such situation has occurred so many times that even the
Bangladesh Parliament felt the need to intervene, and hence came the Parents Maintenance Act
2013 of Bangladesh. According to the law, the children will have to take necessary steps to look
after their parents and provide them with food and security. Each of the children will have to pay
ten percent of their total income regularly to their parents if they do not stay with their parents
(Parents Maintenance Act 2013, section 3). Under no circumstances are children allowed to send
their parents in old homes against their will. It is our ethical and moral responsibility to extend
our helping hands towards our senior citizen so that they can pass their last part life with respect,
proper care and food security.
Md. Raziur Rahman is trying to show the effectiveness of Parents Maintenance Act, 2013 by
this article.

In this article there have some lack things but among them these two are most important that did
not mention in the article.

a. Social Awareness for making this act active.

b. Proper medication for live without sickness.


Objective of the study
1. To analyze the present situation of the old aged parents .

2. To examine the reasons for non-interest of the children to provide maintenance .

3. To implement the said Act.

4. To empirically explore the interrelations between parents and children

5. To ensure the maintenance of old aged parents by their children.

Methodology of the study


This project will be conducted in the form of qualitative design. It will focus the area of
Shahporan Residential area, Shahporan thana , Sylhet. The population for the project will be the
old aged people of the said area. An extensive series of open interviews will be processed with
the local aged parents.

Findings
There is no findings not yet.

Financing and Budgeting


This is an academic research for which we have no financial budget.
References
1. The situation of elderly in Bangladesh. Bangladesh journal of bioethics;7(1): 27-36
(2016).
2. What Do Grown Children Owe Their Parents? A Moral Duty and Legal Responsibility in
Bangladesh. International Journal of Law, Policy and the Family, 32(3), 363-373. (2018).
3. Islami Ain O Bichar, Parents Maintenance Act 2013, An analytical study,V.12,121-
143(2017)
4. Training parents in behavioral self‐management: An analysis of generalization and
maintenance; Journal of Applied Behavior Analysis; 14-(3);223-237.(1981).

5. Limitations and Encumbrances of the Parent Maintenance Act 2013 in Bangladesh,


Journal of Academia,23,1-15 (2014)
6. Support in old age in the changing society of Bangladesh. Published by Cambridge
University press,V.22.615-636 (2002)

7. An Empirical Study on Elderly Population’s Care in Bangladesh: Legal and Ethical


Issues. Journal of Humanities and Social Science, 23, 1-8. (2018).

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