Senior Citizen Welfare Act

Supreme Court Ruling: Dismissed a senior couple’s plea to evict their son under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (MWPSC Act).

Purpose of MWPSC Act: Empowers senior citizens (60+) unable to maintain themselves to seek maintenance from children/legal heirs. Aims to ensure a dignified life for elderly parents.

Obligations: Children/relatives are legally obligated to provide for elderly parents. Dedicated tribunals and appellate bodies exist to handle maintenance cases.

Section 23(1): Allows senior citizens to void property transfers (gifts) if the transferee fails to provide basic care as agreed upon. Transfer is deemed fraudulent if condition is not met.

Section 23(2): Secures maintenance rights even after property transfer, provided the new owner is aware of the obligation.

Eviction Power (SC Clarification): Tribunals can order eviction of children/relatives if necessary to ensure the senior citizen’s maintenance and protection, especially in cases of breached maintenance obligations. The power to order eviction is “implicit” under Section 23(2).

Competing Claims: Tribunals must carefully consider “competing claims” before ordering eviction.

Why Eviction Was Denied: In this specific case, the Supreme Court found no evidence of the son’s mistreatment or harassment after a previous tribunal order. Eviction is not mandatory in every case.

DV Act Considerations: While the Senior Citizens Act allows eviction, protections under the Domestic Violence Act (DV Act) remain valid. Women’s residence rights must be carefully balanced against senior citizens’ rights.

Maintenance Definition: The act allows parents to file a suit for maintenance against their children or relatives to meet the parents’ needs “so that such parent may lead a normal life”.