From Minors To Mother Earth: Unveiling The Reach Of Parens Patriae In India & Global Jurisdictions

Vansh Tayal, B.B.A. LL.B. (Hons.), Symbiosis Law School, Pune

ABSTRACT

This research article delves into the evolving concept of parens patriae, exploring its potential as a tool to address environmental issues and ensure the protection of nature. Against the backdrop of increasing environmental degradation, the paper critically assesses the doctrine's implementation within India and globally to safeguard the environment. The central focus is on the doctrine's application as a guardian of ecological well-being, analogous to its role in protecting vulnerable individuals. The paper examines the doctrine's usage in various legal systems and scrutinizes its effectiveness in addressing environmental harm, shedding light on successful and contested applications. Through a comprehensive literature review and analysis of relevant legal cases, the article underscores the urgency of using parens patriae to combat environmental challenges while recognizing the need for an interdisciplinary approach to reconciling environmental interests with state concerns. The authors advocate for the paradigm shift from anthropocentrism to ecocentrism, emphasizing the intrinsic value of nature and its rights. The paper concludes by presenting practical recommendations to enhance the application of parens patriae within the Indian legal framework, drawing inspiration from international models like the Administrative Procedure Act (A.P.A.) to foster transparency, public participation, and effective environmental stewardship.

Keywords: Parens Patriae, Crimtorts, ecocentrism, Nature rights, quasi- sovereign interest