New Delhi, Jan 2 (NationPress) The Delhi High Court has designated a wife as the legal guardian for her husband, who has been in a persistent vegetative state since February 2025 due to a significant intracranial hemorrhage.

Utilizing its parens patriae jurisdiction, a single-judge Bench led by Justice Sachin Datta approved a writ petition submitted by Professor Alka Acharya, requesting guardianship over her husband, Salam Khan. Following an emergency brain surgery, Khan has remained unconscious, bedridden, and reliant on life-support systems.

The court acknowledged findings from a medical board at the G.B. Pant Institute of Post Graduate Medical Education and Research (GIPMER), stating that Khan is in a “persistent vegetative state” with a disability percentage of 100% and is unable to make any significant decisions independently.

“The patient cannot perform daily activities and requires continuous supportive care and supervision,” the medical board remarked, noting that he needs a tracheostomy tube for breathing and a Ryle’s tube for feeding.

In its ruling, the Delhi HC also referenced a comprehensive inquiry report presented by the Sub-Divisional Magistrate (South-West), which validated Khan's medical condition, confirmed the marital relationship, and indicated that there were no adverse findings against the petitioner.

The SDM's report highlighted that the petitioner-wife meets all criteria for guardianship and that there is a complete absence of any conflict of interest.

Justice Datta noted a “clear legal vacuum” regarding the guardianship of individuals in a vegetative state, asserting that neither the Rights of Persons with Disabilities Act, 2016 nor the Mental Healthcare Act, 2017 offer a comprehensive solution for these cases.

In such circumstances, constitutional courts possess the authority to intervene to safeguard the individual’s welfare, the court maintained.

“In this context, it is unequivocally established that Mr. Salam Khan, following his ‘right ganglion-thalamic-bleed’ in February 2025, has been in a vegetative and comatose state, incapable of making any independent decisions,” Justice Datta remarked, determining that appointing a legal guardian was essential for his welfare.

The ruling also acknowledged that the couple’s two adult children had submitted affidavits of consent and appeared before the Delhi High Court, approving their mother’s appointment as guardian.

In granting the petition, the Delhi High Court appointed the petitioner-wife as the legal guardian of her husband, empowering her to make decisions regarding his medical treatment, caregiving, finances, and management of movable and immovable assets, including bank accounts, investments, insurance policies, and properties, for his medical and daily needs.