Grandson, wife can be evicted for neglecting elderly; Supreme Court sets aside HC order

NEW DELHI: The Supreme Court has held that tribunals constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, have the power to order the eviction of occupants from a property when such action is necessary to ensure the maintenance and protection of a senior citizen. A bench of Justices P.S. Narasimha and Alok Aradhe passed the ruling while hearing an appeal filed by Uttar Pradesh resident Ravi Kant Gupta, whose 81-year-old mother had been forced to leave his residential premises and stay at an old-age facility.

Gupta had approached the District Magistrate seeking the eviction of his son from the property, alleging that his son had not permitted his grandmother to stay in the house and had created a nuisance. The property in question was Gupta's self-acquired house in Lucknow. The Sub-Divisional Magistrate ordered the eviction of Gupta's son in November 2022. The son and his wife challenged the order before the District Magistrate, which upheld the decision in August 2023 and directed them to hand over possession of the premises to Gupta.

The couple then approached the Allahabad High Court, which held that authorities under the 2007 Act did not have the power to order eviction and quashed the orders passed by the SDM and District Magistrate. Gupta subsequently approached the Supreme Court. The Supreme Court set aside the Allahabad High Court's orders and restored the eviction directions issued by the authorities.

Tribunal has power to order eviction

The Supreme Court examined Sections 7 and 8 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Section 7 provides for the constitution of tribunals, while Section 8 empowers them to conduct inquiries through a summary procedure and gives them powers of a civil court. The bench held that when legislation confers jurisdiction on a tribunal, it also gives the tribunal the power to take measures that are essentially necessary to exercise that jurisdiction. The court therefore held that a tribunal under the Act can order eviction when it is necessary to ensure the maintenance or protection of a senior citizen.

The bench also referred to Section 27 of the Act, which bars the jurisdiction of civil courts in matters covered by the legislation.

The court relied on its earlier judgments, including the 2021 ruling in S. Vanitha v. Deputy Commissioner, which held that eviction could be ordered when necessary and expedient to ensure the maintenance and protection of a senior citizen or parent. The same position was subsequently reiterated in other cases.

Dignity and security of elderly

The Supreme Court stressed that the right to live with dignity is an essential aspect of human existence and that the constitutional framework requires protection of vulnerable sections of society, including senior citizens. The bench said the 2007 legislation was enacted to ensure that old age does not become synonymous with neglect, insecurity or indignity. It observed that the measure of a civilised society is reflected in the dignity, respect and security it provides to its elderly population.

Senior citizens, the court noted, have traditionally been regarded not merely as dependants requiring care but as repositories of wisdom, experience and collective memory whose guidance enriches families and society. The court also referred to Articles 21 and 41 of the Constitution, noting their relevance to protecting vulnerable people and enabling individuals to live with dignity.