The Supreme Court has held that tribunals set up under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 can order the eviction of people from a property if it is necessary to protect or maintain a senior citizen.
A bench of Justices PS Narasimha and Alok Aradhe said the law must be interpreted in a way that safeguards elderly people from neglect and ensures that they can live with dignity.
The court observed that the purpose of the legislation was to ensure that old age does not become synonymous with “neglect, insecurity, or indignity”. It also referred to the country’s civilisational values, which “revere the mother and the father as divine".
SC restores eviction order
The ruling came in an appeal filed by Ravi Kant Gupta, whose 81-year-old mother was forced to move out of his residential premises and stay in an old-age facility.
Gupta had approached the district magistrate seeking the eviction of his son from the property. He alleged that his son did not allow his grandmother to stay at the house and had created nuisance.
The sub-divisional magistrate ordered the son’s eviction in November 2022, finding that the property was Gupta’s self-acquired property. The district magistrate later upheld the order and directed his son and daughter-in-law to hand over possession.
The Allahabad High Court subsequently overturned the eviction orders, ruling that authorities under the 2007 Act did not have the power to remove a person from the property. The Supreme Court has now set aside the High Court's orders and restored the eviction directions.
What the law allows
The Supreme Court said the power to order eviction arises from the overall framework of the 2007 Act. Section 7 provides for the creation of tribunals, while Section 8 gives them powers to conduct inquiries through a summary procedure. Section 27 bars the jurisdiction of civil courts in matters covered by the Act.
“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.
Court cites constitutional safeguards
The bench also referred to Articles 21 and 41 of the Constitution, stressing the legal framework protecting life, dignity and vulnerable sections of society.
It cited the 2021 three-judge bench ruling in S Vanitha Vs Deputy Commissioner, which recognised that eviction can be ordered when necessary to protect or maintain a senior citizen or parent. The court noted that later two-judge benches had also followed this position.
The bench said the dignity and security provided to elderly people are important indicators of a civilised society. “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,” it said.