Delhi High Court Steps In to Fill Legal Vacuum, Appoints Wife as Guardian of Vegetative Patient

Judicial Activism Fills Legal Vacuum as Delhi HC Steps In to Protect Rights of Patients in Vegetative States

In a landmark and humane judgment delivered on December 31, 2025, the Delhi High Court appointed Professor Alka Acharya as the legal guardian of her husband, Mr. Salam Khan, who has been lying in a persistent vegetative state since February 2025 following a severe intracranial haemorrhage.

Despite undergoing life-saving surgery, Mr. Khan was left 100% disabled, completely unresponsive, and dependent on medical tubes for breathing and feeding. With Mr. Khan unable to sign documents or make decisions, his family found themselves trapped in a legal and financial deadlock, unable to access his bank accounts, mutual funds, and properties to fund his prolonged and expensive medical treatment.

Justice Sachin Datta, while passing the order, invoked the constitutional doctrine of ParentsPatria, under which the court acts as a guardian for individuals who are incapable of taking care of them. The court observed that it could not be a “helpless spectator” when a person’s own assets were effectively “locked up” and could not be used for his welfare and dignity.

The High Court also drew attention to a glaring “legal vacuum” in India’s statutory framework. It noted that the Mental Healthcare Act, 2017 does not apply to comatose or vegetative patients, as they do not fall within the legal definition of mental illness. Similarly, the Rights of Persons with Disabilities (RPWD) Act, 2016 provides only for limited or joint guardianship, which is impractical when the patient is completely unresponsive. The Guardians and Wards Act, 1890, the court said, is largely restricted to minors and does not adequately address the needs of incapacitated adults.

To prevent any misuse of the guardianship, the court imposed strict safeguards. A medical board from GIPMER confirmed Mr. Khan’s 100% disability and vegetative condition, while a Sub-Divisional Magistrate conducted an inquiry to ensure there was no conflict of interest within the family. The court also directed that all assets be used strictly for Mr. Khan’s medical treatment and daily needs, with periodic reporting—typically every six months—to the Registrar General of the court.

Legal experts say the ruling is part of a growing trend of judicial intervention aimed at protecting the dignity and welfare of patients in vegetative or comatose states. The judgment offers relief to families facing similar crises and underscores the urgent need for comprehensive legislation to address guardianship and financial decision-making for incapacitated adults in India.