The Supreme Court rejected a senior couple’s plea to evict their son under the Senior Citizens Act, 2007. While the Act ensures financial support and protection for elders, eviction isn’t automatic. Tribunals can order eviction only if necessary for the senior citizen’s safety, after considering both parties’ rights.
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The Supreme Court rejected a suit filed by a senior couple to evict their son from their home by invoking the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizens Act).
The Senior Citizens Act, 2007, is a law made to protect older people (aged 60 and above) who are unable to take care of themselves. If these senior citizens don’t have enough money or property to support their daily needs, they can ask their children or relatives for financial help.
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Case Study: A 80-year-old man who owns a house but has no income. His son lives with him but doesn’t give him money for food or medicine. Under Senior Citizens Act, 2007, the father can go to court and ask his son to provide financial support. |
This law ensures that children or legal heirs take care of their elderly parents so they can live a normal life. It also sets up special courts called tribunals to quickly solve disputes related to the issues.
Right to maintenance important under this law
The law gives senior citizens the right to receive financial support even if they’ve given away their property. For example, if a parent gifts their house to their child on the condition that the child will take care of them, and the child fails to do so, the parent can go back to court. The court can cancel the gift or make the child pay for the parent’s needs.
The law does not directly say that senior citizens can kick out their children or relatives from their property. However, in some cases, if the tribunal decides it is necessary to protect the senior citizen, they can order eviction. For example, if a child is mistreating their parent or refusing to take care of them, the court might allow the parent to remove the child from their home.
In 2020, the Supreme Court heard a case involving a daughter-in-law living in her in-laws’ house, and the in-laws wanted to evict her because of family disputes.
The Supreme court said that while the daughter-in-law couldn’t be removed under the Senior Citizens Act, the tribunal could order someone to leave the house if it was necessary to protect the senior citizen.
The court underlined that such decisions must consider all sides of the story before passing an eviction order.
Supreme Court on eviction orders
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PRACTICE QUESTION Q. "Old-age homes are becoming a necessity rather than a choice for many senior citizens." Discuss the societal implications of this shift. 250 words |
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