The Uttarakhand High Court on Monday invoked the doctrine of ‘parens patriae’ to become the legal guardian of cows and other stray cattle, thereby giving a slew of “mandatory directions” towards cow protection. “The Court by invoking the ‘parens patriae’ doctrine issues mandatory directions…in the welfare of the cows and other stray cattle. ‘Parens patriae’, which translates from Latin into “parent of his or her country” is the power that could be invoked by a state regarded as a sovereign to provide protection to those who are unable to take care of themselves. A Doctrine by which a government has standing to prosecute a lawsuit on behalf of a citizen, especially on behalf of someone who is under a legal disability to prosecute the suit. The State ordinarily has no standing to sue on behalf of its citizens, unless a separate, sovereign interest will be served by the suit. It is stated that parens patriae is the inherent power and authority of a State to provide protection to the person and property of persons non Sui juris, such as minor, insane, and incompetent persons. Today, this term is used to designate the State referring to its sovereign power of guardianship over persons under disability
