The tiny hill state of Himachal Pradesh, which had earlier pioneered the Maintenance of Parents Act in late 90s to make the children take care of their elderly parents or give maintenance, has now taken the lead to ensure that the orphans get their due.

The state government has decided to protect the ancestral property rights of orphans living in ‘Bal Ashrams’ in Himachal Pradesh and those under foster care till they turn 18 and property can be transferred in their name.

“A list of property of such children is being obtained and it will be seen that their property is protected and not outsold or grabbed by any one,” said Chief Minister, Virbhadra Singh.

He made the announcement at the closing ceremony of state level sports and cultural meet for children living in state run orphanages, which was organised by the Department of Women and Child Development.

There are around 50 orphanages (ashrams) in Himachal, which are either state-run or state-supported.

The orphans are either housed in ‘ashrams’ or are being taken care of by their relatives under the foster care (Bal Balika Suraksha Yojana), which involves cash incentives for those who rear them.

However, the state government’s move to protect the ancestral property rights of orphans till they turn 18 is guided by the alleged incidents of relatives usurping or selling out the property of innocent orphans, while they are still minor.

“It is the first ever move in this direction. We have directed the Revenue department to take care of property right of an orphan while doing mutation and the entries in land records,” Secretary, Social Justice and Empowerment, Anuradha Thakur told The Statesman.

She said the department was working out a mechanism with the Revenue department to take the responsibility that the due of orphans in their ancestral property was safeguarded till it can be transferred in their name.

“It is a very good step, which will help the orphan children a lot. It was one of the demands of the single women forum in Himachal. In case the father dies, the other family members generally grab the entire property, leaving nothing in the name of mother and children. More pathetic is the case of children, who lose both the parents. Nobody accommodates them,” said Subhash Mendhapurkar, Director, Social Uplift Through Rural Action (SUTRA) in Himachal Pradesh.

He said if the property of the orphans is protected, they can live with dignity.

More than a decade and a half ago, the Himachal Pradesh had become the first state in the country to implement law to ensure that the children take care of their parents well.

Not many aged parents have, however, made use of the law against their children in the hill state even on ill-treatment at home or even when they were abandoned, due to emotional angle.

– Archana Phull