Madras High Court Directs Centre To Frame Policy For Legal Aid To Indians Stranded Abroad

The Madras HC has directed the Government of India to frame a comprehensive policy framework to provide legal assistance to Indian citizens abroad. 

Relying on Article 38(1) of the Constitution and the doctrine of parens patriae, the Court observed that the State has a constitutional obligation to intervene when citizens are unable to secure their rights outside India.

The observations came while hearing a plea by a woman whose husband died while working in Cameroon after his foreign employer allegedly failed to honour a compensation undertaking.

The Court directed the Centre to take a proactive role, including diplomatic and legal interventions, and to formulate a structured policy to address such cases.

[Malarvizhi v. Secretary, Government of India]