Search Results Page

Search Results

1 - 10 of 11 (0.22 seconds)
Bro. Regy Scaria vs The State Of Kerala Represented By ... on 5 April, 2024 cites

Charan Lal Sahu Etc. Etc vs Union Of India And Ors on 22 December, 1989

5. However, we find that the Government has executive power to protect the best interest of children. The parens patriae is the jurisdiction of the State cannot be overlooked W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023, 15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024 -:18:- here. The Apex Court in Charan Lal Sahu v. Union of India, [(1990) 1 SCC 613]; para.35 therein reads as follows:
Supreme Court of India Cites 99 - Cited by 290 - S Mukharji - Full Document

Mahant Ram Saroop Dasji vs S. P. Sahi, Special Officer-In-Charge ... on 15 April, 1959

This Court also recognized the concept of parens patriae relying on the observations of Dr Mukherjea aforesaid in Ram Saroop v. S.P. Sahi [1959 Supp 2 SCR 583 : AIR 1959 SC 951] at pages 598 and 599. In the "Words and Phrases" Permanent Edition, Vol. 33 at page 99, it is stated 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 words 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. (emphasis supplied) Parens patriae jurisdiction, it has been explained, is the right of the sovereign and imposes a duty on sovereign, in public W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023, 15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024 -:19:- interest, to protect persons under disability who have no rightful protector. The connotation of the term parens patriae differs from country to country, for instance, in England it is the King, in America it is the people, etc. The Government is within its duty to protect and to control persons under disability. Conceptually, the parens patriae theory is the obligation of the State to protect and takes into custody the rights and the privileges of its citizens for dischargings its obligations. Our Constitution makes it imperative for the State to secure to all its citizens the rights guaranteed by the Constitution and where the citizens are not in a position to assert and secure their rights, the State must come into picture and protect and fight for the rights of the citizens. The Preamble to the Constitution, read with the Directive Principles, Articles 38, 39 and 39-A enjoin the State to take up these responsibilities. It is the protective measure to which the social welfare state is committed. It is necessary for the State to ensure the fundamental rights in conjunction with the Directive Principles of State Policy to effectively discharge its obligation and for this purpose, if necessary, to deprive some rights and privileges of the individual victims or their heirs to protect their rights better and secure these further.
Supreme Court of India Cites 26 - Cited by 61 - S K Das - Full Document
1   2 Next