'Neglect, insecurity, or indignity': SC rules senior citizen tribunals can order eviction to protect elderly parents
SC rules senior citizen tribunals can order eviction from property when necessary to protect elderly parents’ maintenance, dignity and security.
The Supreme Court has ruled that senior citizen tribunals under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 can order eviction to ensure the well-being of elderly parents. This decision, penned by justices PS Narasimha and Alok Aradhe, reaffirms the Act's aim to prevent "neglect, insecurity, or indignity" that can befall advancing age, in line with India's deep respect for elders.
The Court emphasized that the essence of a civilized society lies in the dignity, respect, and security it provides to its elderly. It highlighted that the fundamental rights to life, dignity, and equality underpin this legislation, which the Act seeks to institutionalize. The Court noted that the power to order eviction stems from the Act's statute itself, as Section 27 explicitly prohibits the jurisdiction of civil courts from interfering.
The ruling overturned previous High Court decisions that had quashed eviction orders under the Act, reinstating the tribunals' authority to take such measures for the benefit of senior citizens.
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