On a recent occasion, the Allahabad High Court granted permission to a wife to sell a property that her husband had acquired, with the intention of using the proceeds to cover the medical expenses for her husband, who is in a permanent vegetative state.

The bench comprising Justices Mahesh Chandra Tripathi and Prashant Kumar was handling a petition that requested the authority in question to grant permission for the wife to sell her husband's property. The purpose of this sale was to fund the treatment of her husband, who has suffered a head injury.

In this instance, the spouse of the petitioner had acquired a parcel of land through an officially registered sale agreement. Regrettably, the petitioner's husband, who was the purchaser of this land, was involved in an accident that resulted in a severe head injury. As a consequence, he has been in a comatose condition ever since.

The petitioner, who hails from a modest background, has been burdened with substantial medical bills that she is currently unable to cover. She has already accrued significant costs related to her husband's treatment.

The matter presented before the bench was: Who should be the Guardian of a person who can administer or handle the property of such a person who is in a comatose state, as he does not fall under the ambit of mental illness nor will come under the ambit of a person with disabilities?

The bench expressed its opinion that the primary objective of the Rights of Persons with Disabilities Act, 2016, is to initially assess whether a person with disabilities can articulate their wishes or preferences. In exceptional cases where consultation is not feasible, the Act aims to facilitate comprehensive support. However, both Acts stipulate the appointment of support or guardianship for individuals with specific disabilities or mental illnesses but do not address the circumstances of a person who is in a comatose state.

The High Court referred to the case of Aruna Ramchandra Shanbaug vs. Union Of India & Ors., where the Supreme Court clarified the distinction between a permanent vegetative state and a minimally conscious state. It pointed out that Section 2(s) of the Rights of People with Disabilities Act, 2016, defines persons with disabilities, encompassing those who can interact, albeit not entirely coherently. Thus, the appointment of a guardian was warranted under Section 14 of the Act in such cases.

However, in the context of a person in a comatose state, there is a lack of interaction, and the individual would not respond to any stimuli. Therefore, the provisions of the Disabilities Act defined under Section 2(s) cannot be applied to such cases. In the best interest of patients in a comatose state who urgently require treatment, support, and financial assistance to address this exceptional situation, which cannot be disregarded or compromised, the Court asserted its authority under Article 226 of the Constitution of India to address this situation.

The bench made reference to the case of Satula Devi vs. Govt. of NCT of Delhi, in which the Delhi High Court had appointed a Guardianship Committee. This committee consisted of the wife, son, and brother as nominated representatives under the Mental Healthcare Act, 2017. Their responsibilities included managing all aspects of the patient's life, such as medical treatment, healthcare decisions related to daily living, financial matters concerning both immovable and movable assets, decisions concerning the patient's shareholding, and the operation of bank accounts.

The High Court also examined the case of Sikha Arjit Bhattacharya vs. Union of India, in which the Bombay High Court had granted the petitioner, Sikha Arjit Bhattacharya's request and officially declared her as the guardian of her husband, Dr. Arjit Bhattacharya, who was in a vegetative state.

In light of the information and precedents discussed above, the bench approved the petition and designated Mrs. Pooja Sharma, the spouse of Mr. Vikas Sharma, as the guardian of her husband.

Case: Pooja Sharma v. State Of U.P. And 2 Others, WRIT - C No. - 26406 of 2023.