Embassies act as parent of citizen
the fundamental rights that are guaranteed to all citizens are
not extinguished when the person travels or lives abroad. It is humbly submitted
that the absence of a legal aid scheme for citizens living abroad is a violation of
their rights under Article 14 and 21 of the Constitution. Reliance is placed on a
Judgment of the Hon’ble Supreme Court in Gaurav Kumar Bansal v. Union of
India, (2015) 2 SCC 130, wherein the Court has held:
“8. There is no manner of doubt that a welfare State is the protector of life
and liberty of its citizens not only within the country but also outside the
country in certain situations. The concept of parens patriae recognises the
State as protector of its citizens as parent particularly when citizens are not
in a position to protect themselves. The Preamble to the Constitution, read
with directive principles, under Articles 38, 39 and 39-A enjoins the State
to take all protective measures to which a social welfare State is committed.
Interestingly, this doctrine has been recognised in India even before the
Constitution came into force.”