KM X Vs. STATE OF U P
LAWS(ALL)-2019-7-95
HIGH COURT OF ALLAHABAD
Decided on July 19,2019

Km X Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

- (1.) Before proceeding to consider the prayer made in this petition, we find it appropriate to extract para 35 of the judgment rendered by Hon'ble Supreme Court in the case of Suchita Srivastava and another vs. Chandigarh Administration, 2009 9 SCC 1. "35. The doctrine of "parens patriae" has been evolved in common law and is applied in situations where the State must make decisions in order to protect the interests of those persons who are unable to take care of themselves. Traditionally this doctrine has been applied in cases involving the rights of minors and those persons who have been found to be mentally incapable of making informed decisions for themselves."
(2.) The facts presented and the submissions made before us in this case call upon us to exercise our jurisdiction as "parens patriae" to safeguard the interest of a rape victim, who is minor.
(3.) Heard learned counsel for the petitioner, learned Standing Counsel, learned Government Advocate, Sri Abhinav N. Trivedi, learned counsel representing King George's Medical University, and Sri J.N.Mathur, and Ms. Bulbul Godiyal, learned Senior Advocates, who have graciously provided their assistance to the Court on our request.;


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