Definition
The doctrine under which the State, and in appropriate cases the Constitutional Courts, assumes a protective or parental role towards persons who are unable to protect or safeguard their own interests, particularly minors, persons lacking legal capacity, and other vulnerable persons — acting in their welfare and best interests.
Parens patriae is a legal doctrine under which the State assumes the role of the ultimate guardian or protector of persons who, because of minority, incapacity, disability, or other circumstances, are unable adequately to protect their own rights and interests. In India, the doctrine recognises that where a person is incapable of effectively protecting his or her own interests, the State or a competent Constitutional Court may intervene to safeguard the person's rights, welfare, dignity, property or other legitimate interests. The Supreme Court has explained that the doctrine originated in the 13th-century English law, under which the King, as the guardian of the nation, was obliged to protect those unable to protect themselves. In modern constitutional systems, that protective responsibility has been assumed by the State.
Statutory Definition
In India, the doctrine operates within the broader constitutional framework of the State's obligation to protect fundamental rights, dignity and welfare. The Supreme Court in Charan Lal Sahu connected the doctrine with the constitutional responsibilities of the State, including the principles embodied in the Preamble and Articles 38, 39 and 39A of the Constitution. The doctrine has subsequently been considered in cases involving children, persons with disabilities, medical treatment, custody and other situations in which an individual requires judicial protection.
Etymology & Origin
The expression parens patriae is Latin for “parent of the nation” or “father of the country.” The doctrine originated in English law, where the Sovereign was regarded as the ultimate protector of persons who were incapable of protecting themselves. The jurisdiction was historically exercised in relation to minors and persons under legal disability. The Supreme Court of India has recognised and applied this principle as part of the protective responsibilities of the modern welfare State. In Charan Lal Sahu v. Union of India, the Court described parens patriae as the sovereign's power and duty to protect persons under disability who have no adequate protector.
