MUMBAI: Invoking its jurisdiction in providing care for those unable to care for themselves, the Bombay High Court recently appointed a daughter as the legal guardian of her ailing 78-year-old mother diagnosed with dementia.
Justices Girish Kulkarni and Advait Sethna, in passing the order on April 15, relied on prior judgments of the HC and the Supreme Court in similar cases of its powers under the principles of 'parens patriae', which empower Constitutional courts to step in to protect those unable to protect themselves.
Last month, the HC directed the Dean of Byramjee Jeejeebhoy Medical College and Sassoon General Hospital, Pune, to appoint a Medical Board comprising experts to visit and examine the mother in her Pune home.
The medical board’s report indicated a 'severe degree of cognitive impairment ' and dementia.
The daughter petitioned the HC for its extraordinary jurisdiction under Article 226 of the Constitution to be appointed her mother’s legal guardian to take charge of her assets. The son and his family said they had no objections. The HC, on the basis of the medical report, said the doctrine of parens patriae requires that the interest of the person with a disability is addressed.
The HC referred to the SC observation that Constitutional Courts in this country would exercise parens patriae jurisdiction in matters of child custody and in exceptional situations in cases of persons who are mentally ill. The words 'parens patriae', meaning 'the father of the country', were originally applied to the King. They are now used to denote the State with its sovereign power of guardianship over persons under disability.
On the issue of withdrawal of life support in the case of Aruna Shanbaug—who was in a coma for years—the SC said it was the Court alone, as parens patriae, which ultimately must take a decision, after due weightage to the views of kin. The SC said under Article 226 of the Constitution, the HC exercises its jurisdiction to further the cause of justice.
The power has limitations, and courts cannot in every and any case invoke the parens patriae doctrine . The SC said, “the doctrine has to be invoked only in exceptional cases where the parties before it are either mentally incompetent or have not come of age, and it is proved to the satisfaction of the court that the said parties have either no parent/legal guardian or have an abusive or negligent parent/legal guardian.”
Dementia is a condition characterised by a decline in cognitive functions, severe enough to interfere with one’s daily life, caused by damage to brain cells, the HC noted. It brings about symptoms of memory loss, disorientation, and many other problems which would certainly deprive the person of a normal living.
The HC, noting that the legal principles apply to the Pune family case, directed the daughter to be the legal guardian of her mother and to operate her bank accounts and manage her properties.
Justices Girish Kulkarni and Advait Sethna, in passing the order on April 15, relied on prior judgments of the HC and the Supreme Court in similar cases of its powers under the principles of 'parens patriae', which empower Constitutional courts to step in to protect those unable to protect themselves.
Last month, the HC directed the Dean of Byramjee Jeejeebhoy Medical College and Sassoon General Hospital, Pune, to appoint a Medical Board comprising experts to visit and examine the mother in her Pune home.
The medical board’s report indicated a 'severe degree of cognitive impairment ' and dementia.
The daughter petitioned the HC for its extraordinary jurisdiction under Article 226 of the Constitution to be appointed her mother’s legal guardian to take charge of her assets. The son and his family said they had no objections. The HC, on the basis of the medical report, said the doctrine of parens patriae requires that the interest of the person with a disability is addressed.
The HC referred to the SC observation that Constitutional Courts in this country would exercise parens patriae jurisdiction in matters of child custody and in exceptional situations in cases of persons who are mentally ill. The words 'parens patriae', meaning 'the father of the country', were originally applied to the King. They are now used to denote the State with its sovereign power of guardianship over persons under disability.
On the issue of withdrawal of life support in the case of Aruna Shanbaug—who was in a coma for years—the SC said it was the Court alone, as parens patriae, which ultimately must take a decision, after due weightage to the views of kin. The SC said under Article 226 of the Constitution, the HC exercises its jurisdiction to further the cause of justice.
The power has limitations, and courts cannot in every and any case invoke the parens patriae doctrine . The SC said, “the doctrine has to be invoked only in exceptional cases where the parties before it are either mentally incompetent or have not come of age, and it is proved to the satisfaction of the court that the said parties have either no parent/legal guardian or have an abusive or negligent parent/legal guardian.”
Dementia is a condition characterised by a decline in cognitive functions, severe enough to interfere with one’s daily life, caused by damage to brain cells, the HC noted. It brings about symptoms of memory loss, disorientation, and many other problems which would certainly deprive the person of a normal living.
The HC, noting that the legal principles apply to the Pune family case, directed the daughter to be the legal guardian of her mother and to operate her bank accounts and manage her properties.
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