parens patriae
The doctrine treats the State as guardian of persons who are unable to look after their own interests, such as minors, persons of unsound mind and victims of mass disasters. Courts exercise this jurisdiction in custody, guardianship and mental health matters, where the welfare of the person is the paramount consideration.
In India the doctrine was used to uphold the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985, which made the Union Government the sole representative of the victims. The Supreme Court held that the State could act as parens patriae for citizens who could not effectively litigate against a multinational company. It is a protective power, not a licence to override the wishes of competent adults.
Example
Acting as parens patriae, the High Court decided custody solely on the welfare of the child, not on the rival claims of the parents.
In Indian law
See also
guardianship · custody · minor
Read more in the study notes
- Common law and criminal law remedies for environmental harm (Environmental Law)
- Minority and guardianship (Family Law I - Hindu Law)