No Tribunal Under Senior Citizens Act in UP? Allahabad High Court Seeks Action Plan on Protection of Elderly

The Allahabad High Court has sought a response from the Uttar Pradesh government on whether it has formulated a comprehensive action plan to protect the life and property of senior citizens, as mandated under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Court was dealing with a writ petition filed by Gulab Kali, an 80-year-old woman who approached the court apprehending illegal dispossession from her ancestral abadi land by certain private individuals. According to the petition, the elderly woman is in ill health and resides with her two granddaughters, one of whom is physically disabled. There are no other male members in the household to support or protect her.

The division bench of Justice Atul Sreedharan and Justice Siddharth Nandan noted that ordinarily the high court would not interfere in disputes between private individuals where a civil remedy is available. However, considering the petitioner’s age, vulnerability and the statutory framework meant to safeguard senior citizens, court deemed it necessary to examine the issue more closely.

Court referred to the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which defines “maintenance” to include food, clothing, residence and medical attendance or treatment. It observed that the Act provides a statutory mechanism for redressal of grievances through a tribunal empowered to address complaints of senior citizens.

However, the bench was informed that no such tribunal has been set up in the State of Uttar Pradesh so far. This, the court indicated, raises serious concerns regarding the effective implementation of the legislation intended to protect elderly citizens.

During the hearing, the State’s counsel drew the court’s attention to Section 22 of the Act. Under Section 22(1), the District Magistrate is vested with authority to enforce the provisions of the Act, subject to conferment of powers by the State government. Section 22(2) further imposes a duty upon the State to prescribe a comprehensive action plan for providing protection of life and property of senior citizens.

The bench also noted that the State government has framed the U.P. Maintenance and Welfare of Parents and Senior Citizens Rules, 2014, under Section 32 of the Act. Rule 21 of the Rules mandates that the District Magistrate shall act in a manner to ensure protection of the life and property of senior citizens so that they may live with security and dignity.

Against this backdrop, court posed a specific query to the chief standing counsel as to whether the state government has prepared the comprehensive action plan required under Section 22(2). The bench observed that several similar petitions are being filed by senior citizens whose properties are allegedly under threat of encroachment or takeover by private parties.

Seeking clarity, court directed the Principal Secretary (Home), Uttar Pradesh, to file an affidavit addressing the queries raised. The affidavit is expected to clarify what concrete measures and powers are available with District Magistrates for protection of the life and property of senior citizens, particularly those who are in vulnerable circumstances.

Case Title: Gulab Kali vs. State Of U.P. And 3 Others

Order Date: January 28, 2026

Bench: Justices Atul Sreedharan and Siddharth Nandan