Parens Patriae Doctrine Latest News
The Bombay High Court, invoking 'parens patriae', recently appointed a daughter as the legal guardian of her 78-year-old mother diagnosed with severe dementia.
About Parens Patriae Doctrine
- The Doctrine of Parens Patriae, meaning “parent of the nation” in Latin, is a legal principle that empowers the state to act as a guardian for individuals who are unable to care for themselves.
- Under parens patriae, a state or court has a paternal and protective role over its citizens or others subject to its jurisdiction.
- Originating from English common law, the doctrine allows the government to protect the welfare of vulnerable groups such as minors, incapacitated individuals, and persons with disabilities.
- It embodies the state’s responsibility to ensure the safety, rights, and interests of those unable to safeguard their own.
- In modern legal systems, this principle has been applied in areas such as juvenile justice, mental health, consumer protection, and environmental conservation, making it a cornerstone of judicial intervention to promote societal welfare and equity.
Parens Patriae in Indian Legal Framework:
- In India, the Doctrine of Parens Patriae reflects the state’s constitutional commitment to protecting the welfare and rights of its citizens, particularly vulnerable groups.
- Indian courts have consistently invoked this doctrine in areas such as juvenile justice, consumer protection, environmental conservation, mental health, and the rights of persons with disabilities.
Source: TOI
Parens Patriae Doctrine FAQs
Q1: What is the doctrine of parens patriae?
Ans: Under parens patriae, a state or court has a paternal and protective role over its citizens or others subject to its jurisdiction.
Q2: What is the meaning of paren patriae?
Ans: The term parens patriae is a Latin phrase meaning "parent of the nation" or "parent of the country."
Q3: The doctrine of Parens Patriae is commonly applied to protect which groups?
Ans: Vulnerable groups like minors and the disabled
