AIR 2002 GUJARAT 99

Gujarat High Court

Hon'ble Judge(s): D. M. Dharmadhikari , C.J. AND P. B. Majmudar , J

(A) Doctrines - Doctrine of parens patriae - Can be applied to case of earthquake victims. Constitution of India , Art.21, Art.38, Art.39, Art.39A— The concept in jurisprudence of doctrine of parens patriae is that that the State has the inherent power and authority to provide protection to the person and property of persons non-sui-juris such as minor, insane and incompetent persons like those rendered helpless due to earthquake disaster. 'Parens Patriae' has been literally explained to mean 'the father of the country' and is used to designate the State referring to its sovereign power of guardianship for persons under disability. Parens Patriae jurisdiction, it has been explained is the right of sovereign and imposes a duty on sovereign, in public interest, to protect persons under disability who have no rightful protector. Conceptually the parens patriae is theory of obligation of the State to protect and take into custody the rights and privileges of its citizens for discharging its obligations. The Constitution makes it imperative for the State to secure to its citizens rights guaranteed by Constitution and where the citizens are not in a position to assert and claim their rights, the State can be activated and approached to effectively come upon the scene and protect the human rights of victims of a disaster. The Preamble of the Constitution read with ....