The chapter discusses the doctrine of parens patriae and delves into jurisprudential accounts of the application of this doctrine. With an examination of the scope of state’s inherent powers over children under the doctrine and it’s... more
The chapter discusses the doctrine of parens patriae and delves into jurisprudential accounts of the application of this doctrine. With an examination of the scope of state’s inherent powers over children under the doctrine and it’s influence on Juvenile Justice law, the chapter highlights the reflections of the doctrine in the legal system in India especially juvenile justice law. It examines the Juvenile Justice (Care and Protection of Children) Act, 2015 in the light of this doctrine and stresses on the role of juvenile justice functionaries as parens patriae. The chapter concludes by underscoring critical issues in the intersection of the doctrine with the juvenile justice law in India and advocates for the adoption of a rights-based model of juvenile justice in India, with due recognition of the constitutional and natural rights of children to ensure fair trial and effective rehabilitation of children in conflict with law.
One of the integral components of the juvenile-justice scheme in India is the institutions where juveniles in conflict with law, and juveniles in need of care and protection, are housed till the pendency of their cases. Chapter IV of the... more
One of the integral components of the juvenile-justice scheme in India is the institutions where juveniles in conflict with law, and juveniles in need of care and protection, are housed till the pendency of their cases. Chapter IV of the Juvenile Justice (Care and Protection) Rules (JJR), 2007 prescribes the standard of care to be adopted by these institutions for the reform of these children.
