Parens Patriae: Meaning

 

   Parens Patriae is a Latin word which means parent of the country (father of the country). The doctrine of  Parens Patriae was first originated in British Law as early as in the 13^th Century. It implies that the King is the father if the country and is under obligation to look after the interest of those who are unable to look after themselves.

In the wider sense the doctrine of Parens Patriae  has been used to safeguard the interest of its citizen who are unable to look for them by reinforcing statutory provisions. 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, sometime the State is best qualified to take this role.

Under the Parens Patriae doctrine, a State or Court has a paternal or protective role over its citizens. The doctrine  refers to the power of the State to intervene against an abusive or neglect parent to act as legal guardian or informal caretaker.

In India, many times the High Court or the Supreme Court invokes the doctrine of Parens Patriae. In the past, courts have invoked the doctrine in the case of Godhra riot, Bhopal Gas Tragedy, child’s welfare, Aruna Shaunbaug  and countless numbers of cases where the courts acted as the parent of the citizen for their rights those who are unable to take care of themselves. The doctrine has been used in varying contexts and contingencies.

The term Parens Patriae also comes in term of  protection of Juvenile i.e the state acts as a parent of the child where his parent is abusive or negligent.

Various Acts have been enacted to effectively safeguard the rights of its citizen mainly keeping the view of Parens Patriae theory. Those Acts empowers the State to act as parent of child or individual who is in need of protection and also to act as legal guardian or informal caretaker.

It was stated in Ram Saroop vs. S.P Sahi (1959) followed by case of Shafin Jahan vs. Asokan K.M (2018)   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 word 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.

           In the absence of any appropriate legislation,  High Court exercises Parens Patriae jurisdiction under Article 226 of constitution in issuing guidelines as temporary measures till the field is taken over by a proper legislation.

           In a well known case, Aruna Ramchandra Shanbaug vs Union of India (2011) it was held – in case of an incompetent person who is unable to take decision whether to withdraw life support or not, it is the Court alone, as parens patriae, which ultimately must take this decision, though, no doubt, the views of the near relatives, next friend and doctors must be given due weight.

 Conceptually the Parens Patriae theory is the obligation of the State to protect and take into custody the rights and privileges of its citizens to secure to all its citizens those who are not in a position to assert and secure their rights. The Preamble to the constitution and Articles 38, 39 and 39A of the Directive Principles of State Policy enjoins the State to take up these responsibilities.