Parens Patriae Doctrine

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

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