Madras, Punjab & Haryana HCs have also asked the Centre reconsider certain provisions.
Should legal practitioners be allowed to appear before the courts created under a Central law to ensure that people take care of their ageing parents?
Despite the push from the Bar Council and Judiciary, the Centre has the view that lifting the bar on lawyers by making adjustments in the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 would hurt interests of the vulnerable constituency .
All “legal practitioners“ are barred from appearing for any party before courts or appellate courts hearing such cases according to Section 17 of the Act.
A Ministry of Social justice & empowerment (MSJE) panel constituted to consider the changes suggested by the courts has rejected the proposal, arguing that the provision helps deliver cost-effective & timely justice to older parents.
Now, on Wednesday, the MSJE will hold “national consultation“ on the proposed amendments in the Act .
The Madras, Punjab & Haryana HCs have, in different orders, asked the Centre reconsider certain provisions of the Act, that is the prohibition on legal practitioners from appearing before the courts. Tribunals.
Also called for dispensing with the system of `sub-divisional officers’ &`district magistrates’ heading courts and appellate courts respectively, arguing these functions should be discharged by legally trained people.
The Bar Council also accorded with the judicial observations.
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