Doctrine of 'Parens Patriae'

 The doctrine of parens patriae (father of the country) had originated in British law as early as in the 13th century. It implies that the King is the father of the country and is under obligation to look after the interest of those who are unable to look after themselves. The idea behind parens patriae is that if a citizen is in need of someone who can act as a parent who can make decisions and take some other action, sometimes the State is best qualified to take on this role

Derived from Latin, meaning "parent of the nation," this doctrine empowers the government to step in and provide protection or make decisions in the best interests of these vulnerable individuals.

Key Points:

1. State as a Guardian: The doctrine primarily establishes the role of the state as the ultimate protector of its citizens who are unable to safeguard their own interests.

2. Child Welfare Cases: It is often invoked in cases involving the custody, welfare, or education of children, especially when parents are unable or unwilling to act in the child's best interest.

3. Application in Mental Health: The doctrine is also used in cases involving individuals with mental disabilities, ensuring that their needs are met and their rights are protected.

4. Public Interest Cases: Courts may apply this doctrine to protect larger public interests, such as in matters of environmental protection or safeguarding cultural heritage.

In India, the doctrine of parens patriae has been acknowledged in several landmark cases:

1. Charan Lal Sahu v. Union of India (1990): The Supreme Court applied this doctrine to protect the rights of victims in the Bhopal Gas Tragedy, holding that the state has a duty to act in the interest of citizens unable to protect themselves.

35. … In the ‘Words and Phrases’ Permanent Edn., Vol. 33 at p. 99, it is stated that parens patriae is the inherent power and authority of a legislature to provide protection to the person and property of persons non sui juris, such as minor, insane, and incompetent persons, but the words parens patriae meaning thereby ‘the father of the country’, were applied originally to the King and are used to designate the State referring to its sovereign power of guardianship over persons under disability. Parens patriae jurisdiction, it has been explained, is the right of the sovereign and imposes a duty on [the] sovereign, in public interest, to protect persons under disability who have no rightful protector.

The connotation of the term parens patriae differs from country to country, for instance, in England it is the King, in America it is the people, etc. The Government is within its duty to protect and to control persons under disability.” (emphasis in original) The duty of the King in feudal times to act as parens patriae (father of the country) has been taken over in modern times by the State

1. Aruna Shanbaug v. Union of India (2011): The Court used this doctrine in the context of passive euthanasia, ensuring decisions were made in the best interest of the patient who could not make decisions for herself.

   
   

2. Environmental Cases: The principle has been applied in cases involving wildlife and environmental conservation, such as the preservation of forests and endangered species.This principle was used to justify the government’s decision to act as the legal representative of the victims in securing compensation from Union Carbide Corporation, thereby ensuring justice and relief for those affected.