UP's Bold Proposal Allows Senior Citizens To Evict Kids If Unhappy

We've all seen it, either nearby or on TV—stories where elderly parents, who shaped our yesterdays, get pushed away by their own kids, thinking their parents are too much trouble, and ask them to leave, leaving them all alone in the tough times of their old age. Amidst this backdrop, the Social Welfare Department of Uttar Pradesh has come up with a new draft policy for the welfare of senior citizens in the state. According to the new policy, which still needs a nod from the Cabinet to become law, senior citizens of the state would soon be able to evict their kids from family property if they are unhappy with them. 

According to the reports, the proposal has been prepared after adding the amendments recommended by the UP State Law Commission (UPSLC) to the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. However, this proposed change has ignited discussions on the legal implications, societal impact, and potential challenges it might pose.

Background

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, mandates that children or relatives maintain senior citizens, ensuring their needs for a normal life are met. The UP State Law Commission proposed amendments to Rule 22 of the Act, suggesting that if children neglect their parents or seek to evict them, parents can apply to the local District Magistrate (DM) for eviction.

Evolving Senior Citizen Welfare Rules

The proposal was proposed several times, the last time being two months ago. The parents can now evict their children even if they are simply unhappy with them, and not just in the case of being denied a livelihood. 

Minister of State (Independent Charge) for Social Welfare, Asim Arun, emphasized the necessity of these changes. "We are bringing in changes that will effectively give senior citizens the right to evict their children or relatives from their house if the children or relatives are not providing financial support for their livelihood," stated Arun in an interview with The Indian Express.

The new proposal is also focused on easing the process of eviction for the parents. If parents have already transferred the property to their children in a sale deed or gift deed, they can regain it by just reaching the local DM. They don't have to go to the civil court or bear the monetary charges of legal formalities.  

Challenges and Unexplored Territories

However, when the proposal came to the attention of the Chief Minister, Yogi Adityanath, he asked to look out for a solution if the children and parents live on the ancestral properties. These properties are transferred to grandchildren by their grandparents, who are the owners. These properties are not earned by the parents and hence they don't have the right to evict their children from them. 

While the proposed amendments cover situations where parents are unhappy due to neglect or mistreatment, they don't delve into scenarios involving disagreements like inter-caste marriages.

The proposed amendments, however, do not explicitly address such scenarios, leaving room for further discussion. As per reports, the main team behind the proposal has said that they will work out the solutions and table the proposal again three weeks from now.