Papers by Madhura Nikalje
Routledge eBooks, Jul 2, 2024
The Indian Constitution guarantees each and every person, a certain set of rights and obligations... more The Indian Constitution guarantees each and every person, a certain set of rights and obligations. It is owing to these rights that we stand with our head held high. Consequently, when there is infringement of right, the suitable authority can be approached
However, there are certain categories of persons who cannot approach authorities, for instance, minor, insane, and incompetent humans as well as nature and environment. These categories do not have the capacity to exercise their rights and hence; they need a guardian. The doctrine of parens patriae thus came into being. It essentially meant that that if a citizen is in need of someone who can act as a parent, who can make responsible decisions on their behalf and initiate action for his/her welfare, sometimes the State is best qualified to assume this role. Over the years, the doctrine has made space for itself in several kinds of legal disputes; from abortion to environment protection to protection of the differently abled, the courts have time and again applied this doctrine to ensure that justice is meted out.
This paper attempts to present an overview of the development of the doctrine of parens patriae in the light of Constitutional law in India.
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Papers by Madhura Nikalje
However, there are certain categories of persons who cannot approach authorities, for instance, minor, insane, and incompetent humans as well as nature and environment. These categories do not have the capacity to exercise their rights and hence; they need a guardian. The doctrine of parens patriae thus came into being. It essentially meant that that if a citizen is in need of someone who can act as a parent, who can make responsible decisions on their behalf and initiate action for his/her welfare, sometimes the State is best qualified to assume this role. Over the years, the doctrine has made space for itself in several kinds of legal disputes; from abortion to environment protection to protection of the differently abled, the courts have time and again applied this doctrine to ensure that justice is meted out.
This paper attempts to present an overview of the development of the doctrine of parens patriae in the light of Constitutional law in India.
However, there are certain categories of persons who cannot approach authorities, for instance, minor, insane, and incompetent humans as well as nature and environment. These categories do not have the capacity to exercise their rights and hence; they need a guardian. The doctrine of parens patriae thus came into being. It essentially meant that that if a citizen is in need of someone who can act as a parent, who can make responsible decisions on their behalf and initiate action for his/her welfare, sometimes the State is best qualified to assume this role. Over the years, the doctrine has made space for itself in several kinds of legal disputes; from abortion to environment protection to protection of the differently abled, the courts have time and again applied this doctrine to ensure that justice is meted out.
This paper attempts to present an overview of the development of the doctrine of parens patriae in the light of Constitutional law in India.