Uthlum case: The Thai legal concept preventing children from suing parents

Thai law and cultural norms often intersect, as the longstanding legal concept of Uthlum demonstrates. This term, which translates to forbidden cases, refers to the prohibition against a child bringing a lawsuit against a parent or guardian. Despite the complexities and potential controversies surrounding this unique legal concept, it’s an integral part of Thai culture and law that demands a closer examination.

The concept of Uthlum dates back to ancient Thai laws and is anchored in the country’s traditions and customs. A child is expected to demonstrate utmost respect and gratitude towards their parents and other guardians, such as grandparents.

This sentiment extends to the point where any negative action against these figures is considered an act of ingratitude. Therefore, any legal action initiated by a child against their parent or guardian falls under the category of Uthlum. The Civil and Commercial Code (Section 1562) of Thailand enshrines this concept in law.

It states…

“No one can sue their parents or guardians, whether it is a civil or criminal case.”

This rule applies to biological parents, grandparents, and direct blood relatives. However, Thai law does not completely prohibit children from seeking justice. It allows a child to request a prosecutor to file a case on their behalf. This is per the Prosecutor Organization and Public Prosecutors Act 2010, Section 14, which stipulates that a prosecutor can represent a child in legal proceedings against their parents or guardians.

Is it a legal loophole?

There are also exceptions to the Uthlum rule, allowing a child to directly sue their parent or guardian in certain circumstances. For instance, a child can sue a parent in their capacity as a company director if it’s alleged that the parent misappropriated company funds. Another exception allows a child to sue their father if he has not legally registered his marriage to the child’s mother or acknowledged paternity, even if he has cared for the child.

Despite these exceptions, there is ongoing debate about whether the Uthlum law is a legal loophole, particularly in cases involving domestic violence or sexual abuse. Critics argue that it leaves children vulnerable to abuse from their family members. This is especially concerning given the increasing awareness of domestic violence issues. The debate indicates that it might be time for Thailand to reconsider this longstanding law.

In related news, Five children found living in a shopping centre, left by their parents with only 40 baht per day, have been rescued by Kan Jom Puan, also known as Kanthasat Pongphaiboonvech, along with officers from the Ministry of Social Development and Human Security and Bang Khen Police Station. To read more click HERE!