Senior Citizen Tribunal can evict children to protect elderly parents: Supreme Court

New Delhi: The Supreme Court has clarified that tribunals constituted to protect senior citizens have the authority to evict children from a property, if necessary, to ensure the safety and well-being of elderly parents. Advancing age should not become a reason for neglect, insecurity or humiliation, the court observed.

A bench comprising Justices P S Narasimha and Alok Aradhe said this commitment is reflected in the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

The bench held that tribunals can issue eviction orders when such action is appropriate and necessary. It also said the law must be interpreted in accordance with constitutional principles, including the fundamental right to live with dignity.

The case involved a legal battle by Ravikant Gupta to protect his 81-year-old mother in Lucknow's Vikas Nagar in Uttar Pradesh. Gupta's son and daughter-in-law had placed his mother in an old-age home. Gupta approached the Sub-Divisional Magistrate complaining that his son was not allowing his mother to live in the house he had built.

The SDM ordered Gupta's son and daughter-in-law to vacate the house. However, the Allahabad High Court overturned the order while hearing their appeal. Gupta's subsequent review petition also failed. The matter then reached the Supreme Court.

The Supreme Court said the way a society treats its elderly, particularly in terms of dignity, respect and security, is a measure of how civilised it is. The court observed that senior citizens should not be viewed merely as dependants. They are repositories of knowledge, experience and memories.

It also noted that the provisions of the 2007 Act are rooted in the moral values of a country where parents are traditionally revered and regarded with the highest respect.

Help is close at hand
In Kerala, maintenance tribunals for senior citizens function in every revenue division, while each district has an appellate tribunal. The District Collector serves as the presiding officer of the appellate tribunal.

In emergencies, senior citizens can also approach the police, district administration or the Social Justice Department.
Elderly Helpline Number: 14567