APPOINTMENT OF GUARDIAN FOR A PERSON IN A COMATOSE OR VEGETATIVE STATE: A LEGAL OVERVIEW VIS-À-VIS POSITION IN INDIA

Abstract

Despite plethora of legislation pertaining to the rights of specially-abled persons, healthcare and even mental health, no umbrella legislation provides for the rights of persons who are in a comatose condition or vegetative state. A person who skids into a comatose condition or vegetative state loses consciousness, reasoning, judgment and the ability to exercise legal rights over his assets. When it comes to appointing a guardian to ensure the well-being of these people and the beneficial utilization of their assets, no specific mechanism exists.

The part of this paper trailing the introduction highlights the hiatuses in law regarding appointment of a guardian for a person lying in a comatose or vegetative state. Following which the authors present an overview of the Parens Patriae jurisdiction, its applicability in the Indian context which is subsequently followed by various High Court judgments wherein, by implicitly or explicitly invoking the parens patriae doctrine, the constitutional courts have culled out a legal framework for appointment of a guardian for persons lying in a comatose or vegetative state. Towards the Conclusion the authors highlight the importance and need of having a legislation squarely covering persons lying in a comatose or vegetative state.