The Supreme Court has ruled that tribunals constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 have the power to order eviction of persons from a property when such a measure is necessary to ensure the senior citizen’s maintenance or protection.
A bench of justices PS Narasimha and Alok Aradhe said that the legislation was intended to ensure that advancing age does not become synonymous with “neglect, insecurity, or indignity” and reflects values deeply rooted in the country’s civilisational ethos, which “revere the mother and the father as divine.”
It emphasised that the measure of a civilised society is often reflected in the dignity, respect and security it affords to its elderly. “Across cultures, religions, and civilisations, senior citizens have been regarded not merely as dependents requiring care, but as repositories of wisdom, experience, and collective memory whose guidance enriches families and society alike,” said the bench.
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It added that the fundamental right provisions relating to life, dignity and equality envisage a social order that protects the vulnerable and enables every individual to live with dignity throughout the course of life and that “this commitment finds statutory expression in the Act.”
{{/usCountry}}It added that the fundamental right provisions relating to life, dignity and equality envisage a social order that protects the vulnerable and enables every individual to live with dignity throughout the course of life and that “this commitment finds statutory expression in the Act.”
{{/usCountry}}The court said the power to order eviction flows from the statutory scheme itself. While Section 7 provides for constitution of tribunals and Section 8 empowers them to conduct inquiries through a summary procedure with powers of a civil court, Section 27 expressly bars the jurisdiction of civil courts. “On this analogy, we have no hesitation in holding that the tribunal under the Act has power to order eviction in order to ensure the maintenance or protection of a senior citizen,” the bench held in a recent order.
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The judgment came in an appeal filed by Ravi Kant Gupta, whose 81-year-old mother had been forced to leave his residential premises and reside in an old-age facility. Gupta had approached the district magistrate seeking eviction of his son from the property, alleging that his son did not permit his grandmother to stay in the house and had created nuisance.
The sub-divisional magistrate ordered the son’s eviction in November 2022, holding that the premises was Gupta’s self-acquired property. The district magistrate upheld the order and directed the son and his wife to hand over possession of the premises. The Allahabad High Court, however, subsequently quashed the eviction orders, holding that authorities under the 2007 Act did not have the power to order eviction. It reiterated the view while dismissing Gupta’s review petition in January 2024.
The Supreme Court set aside both high court orders and restored the eviction orders passed by the authorities under the Act.
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SC cites constitutional protections, earlier rulings
The bench emphasised that the Act has to be understood in the context of the constitutional commitment to protect vulnerable persons and enable every individual to live with dignity. It referred to Articles 21 and 41 of the Constitution and said Parliament had enacted the law to provide a speedy remedy to senior citizens.
The court also relied on earlier judgments, including the three-judge bench ruling in S Vanitha Vs Deputy Commissioner (2021), to hold that eviction may be ordered where it is necessary and expedient to ensure the maintenance and protection of a senior citizen or parent. It noted that subsequent two-judge benches had reiterated the same position.