Senior Citizen

 

Statue

1. A226 - Writ Power
2. Section 27 of Senior Citizen Act 2007
1. barred for civil court jurisdiction

Statement of Objects and Reasons 

Traditional norms and values of the Indian society laid stress on providing care for the elderly. However, due to withering of the joint family system, a large number of elderly are not being looked after by their family. Consequently, many older persons, particularly widowed women are not forced to spend their twilight years all alsone and are exposed to emotional neglect and to lack of physical and financial support. this clearly reveals that ageing has become a major social challenge and there is a need to give more attention to the care and protection for the older persons. Through the parents can claim maintenace under code of criminal includes provisions for food, clothing, residence and medical attendance and treatment 2(f) Property means property of any kind ,whether movable of immovable, ancestral or self acquired tangible or intangible and includes rights and interest in the such property"

Important Points

1. A nation that cannot take care of its aged, old and infirm citizens cannot be regarded as having achieved complete civilization
2. Intent and Object of the Act is to provide for an inexpensive and speedy relief to parents and senior citizens.
3. Chapter II - provide monetary relief for sustenance and maintenance
4. Chapter V - provisions for protecting the life and property of parents and senior citizens.
5. Section 23 - 2 separate and distinct Rights
1. Empowers Tribunal to declare a transfer of property by a senior citizen VOID, where the transfer was conditioned upon providing basic amenities and physical needs to a senior citizen, where the transferee fails to provide them;
2. 23(2) recognizes a pre-existing right of a senior citizen to receive maintenance out of an estate and secure the right of making it enforceable against a transferee who had notice of the right.
6. Children and their spouses living in the senior citizen house are at best licensees.
1. License comes to an end once the senior citizens are not comfortable with their children and their families.
7. The Right of a senior citizen to exclusively reside in his own house, must be viewed from the prism of A21 of constitution of India.
8. Arguments in favor of Senior Citizens
1. Don't feel comfortable and do not feel safe so long are private respondent live in said premises
2. U/s A21 of Constitution of India - Entitled to live in peace in his own house,
9. Courts
1. Use high Prerogative writ Jurisdiction u/s A226 and direct the Officer in charge, Police station to Physically escort out the respondents out of said premises immediately.
2. Petitioners shall be put in possession of premises to EXCLUSIVE use and residence.
3. Do not enter without written permission from petitioners
10. Section 4 which provides for maintenance of parents and senior citizens cannot be construed narrowly, 

Case Law

1. S. Vanitha Vs Deputy Commissioner, 2020 SCCOnline SC 1023
1. Senior Citizens Act, 2007 and DV Act 2005 are SPECIAL legislation, the Two must be construed harmoniously and applied suitably by a writ court hearing a plea of the senior citizen.
2. The law protecting the interest of senior citizens is intended to ensure that they are not left destitute, or at the mercy of their children or relatives. 
3. Equally, the purpose of PWDV 2005 cannot be ignore by a sleight of statutory interpretation. 
4. Right of a women to secure a residence order in respect of a shared household cannot be defeated by the simple expedient of securing an order of eviction by adopting the summary procedure under senior citizen Act 2007
2. Sandeep Gulati Vs Divisional Commissioner WP (C) 2761/2020
3. Ashish Vinod Dalal Vs Vinor ramanlal Dalal - WP 2400/200021 - Bombay HC

Sources