PARENS PATRIAE

Aug. 15, 2018

Uttarakhand High Court has invoked the doctrine of parens patriae to issue “mandatory directions for the welfare of cows and other stray cattle” in the state.

About:

  • ‘Parens patriae’ is a Latin term meaning ‘parent of his or her country’.

  • It describes the power of the state to act as a guardian for those who are can’t care for themselves — such as animals, children or the disabled.

  • Earlier instances in India:
    • Supreme Court in ‘Animal Welfare Board of India vs A Nagaraja & Ors (2014)’, held that the Court has a duty under the doctrine of parens patriae to take care of animal’s rights.

    • In ‘Bhopal gas leak disaster case’, the SC stated that the parens patriae theory makes it imperative for the State to protect rights of the citizens when they are not in a position to do so.



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