HC expounds: Wife will act as the Guardian of Husband in Comatose condition[Read Judgment]

On 15 June 2020 the Allahabad High Court in the Case Uma Mittal and others v. Union of  India and others issued guidelines for appointing the Guardians of the people lying in a comatose state.

Facts-

The Petitioner filed a writ petition for appointing the Guardian of her husband in relation to his business, bank accounts, and other sources of Income for the treatment of her husband. Sunil Kumar was the sole bread owner of the family, but due to his Severe conditions be is in Coma and the expenses of the family are being exhausted in his treatment. The husband has been in a coma from the past one and half years which the Medical expenses are increasing day by day making it difficult for the petitioner to cope with it.

A division Bench of Justice Shashi Kant Gupta and Justice Saurable  Shyam Shamshery. It has also been submitted that there are no provisons for appointing the guardians of persons in Comatose conditions and such people do not fall within the ambit of ‘Persons with Multiple Disabilities’. The provisions of Guardianship Certificates under the National Trust Act,1999 are not applicable to the people in Comatose State.

High Court Findings

The Court opined that for appointing the Guardian of a person, the guidelines of the Kerala High Court will be established until the State Formulates its own guidelines in this regard. These Guidelines are temporarily issued until the Legislative Enactments are formed in relation to the person lying in almost dead situations. Any person who seeks to be a Guardian of a person in a coma shall specifically mention in the petition all the moveable/Immovable assets, bank details, various sources of income, etc. A Medical Board, Neurologist will examine the person in Comatose state. 

The concerned SDM / Tehsildar in whose Jurisdiction the person lying in Comatose is residing will have to provide all the necessary information with respect to the relationship of the person who wishes to be a guardian. The financial Guardian of the person seeking to be the Guardian will also be examined and the interest of the person in Coma will be of utmost importance.  Generally, the Spouse or the progeny of such persons is appointed as the guardian. The proviso to this is that if there are no legal heirs of the person in Comatose State his/her friend has the right to knock the doors of the Court for being the Guardian.

In Exceptional circumstances, a social welfare officer can be appointed as the guardian of the person in Comatose   State. If there is a dire need to sell the Assets of the person lying in Comatose State, the Court will do so in the Interest of the person in Coma. The person who is appointed as the Guardian has to submit a report to the Registrar general every six months, specifying the Registrar use of the Assets of the General person in Comatose State for His / Her Treatment.

Further, the Court also directed the Central Government to make legislative enactments for the purpose of Guardianship qua persons lying in a comatose state. On these grounds, the petition has been accepted and the wife is appointed as the Guardian of her husband lying in a comatose state.

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