Appointment of Guardian for Person in Comatose State

Source: Delhi High Court 

Why in News? 

Justice Sachin Datta of the Delhi High Court in the case of Professor Alka Acharya v. Government of NCT of Delhi and Ors. (2025) appointed Prof. Alka Acharya as the legal guardian of her husband Mr. Salam Khan, who has been in a persistent vegetative/comatose state since suffering an intracranial haemorrhage in February 2025. 

What was the Background of Professor Alka Acharya v. Government of NCT of Delhi and Ors. (2025) Case? 

Petitioner's Marriage and Family: 

• Prof. Alka Acharya married Mr. Salam Khan on 28.06.1989. 
• They have two children – Ms. Tara Isha (Respondent No. 2) and Mr. Aryaan Ishan (Respondent No. 3). 

Medical Crisis: 

• On 09.02.2025, Mr. Salam Khan was diagnosed with severe intracranial haemorrhage (right ganglion-thalamic bleed). 
• He underwent emergency life-saving surgery at Apollo Hospital, Sarita Vihar, Delhi. 
• On 14.02.2025, he was shifted to Fortis Hospital, Vasant Kunj, Delhi for further treatment. 
• He was discharged on 11.04.2025 but continued to remain in an unconscious and vegetative state. 
• Post-discharge, he required constant care at home, including tracheostomy tube for breathing and Ryle tube for feeding. 

Medical Certification: 

• A certificate dated 11.04.2025 from the Senior Consultant, Department of Neurology, Fortis Hospital certified that Mr. Khan was "bed bound" and in "unconscious state" with 100% disability. 

Legal Vacuum: 

• The petitioner invoked the parens patriae jurisdiction of the High Court as no statutory remedy existed for appointment of guardian for a person in comatose/vegetative state. 
• Existing laws like the Guardians and Wards Act, 1890, Rights of Persons with Disabilities Act, 2016, and Mental Healthcare Act, 2017 do not cover such situations. 

Assets Requiring Management: 

• The petition disclosed various movable and immovable assets owned by Mr. Khan individually and jointly with the petitioner, including bank accounts, mutual funds, insurance policies, vehicles, and residential properties in Delhi and Greater Noida. 

What were the Court's Observations? 

Medical Board Examination: 

• The Court directed constitution of a Medical Board at Govind Ballabh Pant Institute of Post Graduate Medical Education and Research (GIPMER) to examine Mr. Khan at his residence. 
• Medical Board's Opinion (dated 13.12.2025): Patient is in persistent vegetative state with 100% disability, not fit to undertake daily activities or take major decisions, requiring constant supportive care and supervision. 

SDM Inquiry: 

• The Sub-Divisional Magistrate (South-West) was directed to conduct an inquiry regarding the veracity of assertions, relationship, financial condition, and suitability of the petitioner as guardian. 
• SDM's Report (dated 08.12.2025): Confirmed Prof. Alka Acharya is the legally wedded wife since 28.06.1989, verified all properties, found financial condition stable, and concluded that she "fully satisfies all guidelines and is a suitable person to be appointed guardian." 

Children's Consent: 

• Both children filed affidavits of no-objection and appeared virtually before the Court on 18.12.2025, consenting to their mother's appointment as guardian. 

Appointment and Powers Granted: 

• Prof. Alka Acharya was appointed as the legal guardian of Mr. Salam Khan with authority to:  
• Take decisions regarding medical treatment, caretaking, daily expenditures, finances, and management of all assets 
• Deal with movable and immovable assets for his medical and daily expenditures 
• Manage specific assets including bank accounts, mutual funds, insurance policies, vehicles, and residential properties owned solely by Mr. Khan or jointly with the petitioner 

Key Observations: 

• The Court emphasized the constitutional obligation under Article 226 to fill the legal vacuum where no statutory remedy exists. 
• Court noted that persons in comatose/vegetative state fall outside existing disability and mental health legislations. 
• The judgment recognized that parens patriae jurisdiction enables courts to act in the best interest of vulnerable persons who cannot care for themselves. 

What is Parens Patriae Jurisdiction? 

About: 

• Parens patriae is a Latin term meaning "parent of the nation" or "father of the country." 
• It is a doctrine that empowers courts to act as guardians for persons who are unable to care for themselves. 
• This includes minors, mentally ill persons, and those in comatose/vegetative states. 

Constitutional Basis: 

• The jurisdiction is exercised by Constitutional Courts under Article 226/227 of the Constitution of India. 
• It is invoked in exceptional circumstances where no statutory remedy exists. 
• The Supreme Court has repeatedly recognized this jurisdiction in cases like:  
• Aruna Ramchandra Shanbaug v. Union of India (2011) 
• Shafin Jahan v. Asokan K.M. (2018) 

Application in Guardianship Cases: 

• Courts invoke this jurisdiction when:  
• The subject is not mentally or physically capable. 
• There is no other parent or legal guardian. 
• Existing statutes do not provide adequate remedy. 
• The welfare of the person needs protection. 

Legal Vacuum in Indian Law: 

• The Guardians and Wards Act, 1890 applies to minors and persons of unsound mind. 
• The Rights of Persons with Disabilities Act, 2016 requires designation of authorities (not yet fully operational). 
• The Mental Healthcare Act, 2017 does not provide for management of financial affairs or appointment of guardians for property. 
• Persons in comatose/vegetative state fall outside all these statutes. 

Guiding Principle: 

• Courts apply the principle of "best interest" of the individual in light of their "wills and preferences." 
• The Supreme Court emphasized that parens patriae jurisdiction is exercised "to further the cause of justice." 

Guidelines for Guardianship in Comatose Cases 

Based on judicial precedents, courts have established the following procedure: 

Pre-Appointment Requirements: 

1. Disclosure of all movable and immovable properties owned by the person in comatose state. 
2. Medical examination by a duly constituted Medical Board including a qualified Neurologist. 
3. Visit by Revenue authorities (not below the rank of Tahsildar/SDM) to verify facts, family details, and financial conditions. 
4. All legal heirs must be made parties to the proceedings. 

Eligibility of Guardian: 

• Preference given to close relatives (spouse or children). 
• In absence of suitable close relative, a public official like Social Welfare Officer may be appointed. 
• The guardian must be legally competent. 

Scope of Guardianship: 

• Limited to specific properties and bank accounts indicated in the court order. 
• Guardian must act always in the best interest of the person in comatose state. 

Accountability Measures: 

• Periodic reports (every six months) to be filed before the Registrar General. 
• Reports must contain particulars of all transactions and utilization of funds. 
• Social Welfare Officer may conduct random visits. 
• Court permission required for transferring the patient to another state or country. 

Safeguards: 

• Any misuse of power or misappropriation of funds can lead to revocation. 
• Relatives or next friend may apply for removal of guardian for abuse or neglect. 
• Court maintains ongoing supervision and can modify orders as required.