Professor Alka Acharya Vs Govt. of NCT of Delhi and Ors. & Ors. (Delhi High Court)
When Law Is Silent, Parens Patriae Speaks- – Statutory Vacuum Filled by Constitutional Care– Delhi HC Appoints Wife as Guardian of Comatose Husband
Delhi High Court invoked its parens patriae jurisdiction & appointed wife as legal guardian of her husband lying in a persistent vegetative state, recognising a clear statutory vacuum for such situations. In Professor Alka Acharya Vs. Govt. of NCT of Delhi & Ors., medical evidence confirmed that Mr. Salam Khan suffered a massive intracranial haemorrhage in February 2025 & remains 100% disabled, unconscious & incapable of taking decisions. Pursuant to Court directions, a duly constituted Medical Board (GIPMER) certified his persistent vegetative state, while the SDM (South-West) verified family status, assets, financial stability & absence of conflict of interest. The couple’s adult children filed affidavits of no-objection. Relying on earlier precedents including N.A. vs GNCTD, S.D. vs GNCTD, Rajni Hariom Sharma, Aruna Shanbaug & allied High Court rulings, the Court held that, in absence of a statutory mechanism under RPWD Act, 2016 or MHA, 2017, Constitutional Courts can appoint a guardian to protect welfare & manage affairs. Accordingly, Prof. Alka Acharya was appointed legal guardian with authority over medical decisions, finances & management of specified movable & immovable assets for meeting medical & daily needs. Petition was disposed of with detailed safeguards.
