Maintenance and Welfare of Parents and Senior Citizens Act, 2007
(Source – Indian Express, Section – Explained, Page – 16)
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Topic: GS2 – Governance |
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Context |
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Analysis of the news:
Background of the Case
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On March 28, the Supreme Court dismissed a plea by elderly parents seeking eviction of their son from their home under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
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The court emphasized that eviction is not a mandatory consequence in every case under the Act.
Provisions of the Senior Citizens Act
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The Act empowers senior citizens (aged 60+) to claim maintenance from their children or legal heirs if they are unable to support themselves.
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It mandates the establishment of tribunals for speedy resolution and also allows cancellation of property transfers if the recipient fails to provide basic care (Section 23).
Interpretation of Eviction Power
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Although the Act does not explicitly mention eviction, the Supreme Court in a 2020 ruling held that eviction is an implied power under Section 23(2), to ensure the protection and maintenance of senior citizens.
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Tribunals can order eviction if a child or relative fails in their obligation to care for the senior citizen.
Legal Precedent and Limitations
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In the 2020 case involving a daughter-in-law, the SC clarified that while women may be protected under the Domestic Violence Act, tribunals still hold the discretion to evict individuals if it aligns with senior citizens’ welfare — but only after evaluating competing legal claims and context.
Why Eviction Was Denied in This Case
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The SC declined the eviction request in the present case due to lack of fresh evidence of mistreatment.
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Since the son had complied with the earlier tribunal’s directive and there was no new misconduct, the court found no necessity for eviction.
Conclusion
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The judgment reinforces that while the Act can be used to seek maintenance and potentially eviction, such relief is not automatic.
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Courts and tribunals must carefully assess the facts and ensure eviction is truly necessary to protect the welfare of senior citizens.
