P.R. Ramachandra Menon, J.

This is an “SOS call” (Save Our Souls call) from

two sinking families of the dear ones of a person lying

in 'comatose state', finding it extremely difficult to

see the ways and means in procuring funds to provide

adequate treatment and life support to the victim, who

was the sole bread winner of the family, besides the

need for their daily sustenance.

2. The victim, lying in a comatose state, is

having some properties [immovable/movable] and small

bank deposits, but the petitioners are not in a

position to deal with the same because of the 'legal

hurdles'. They have already incurred huge expenses,

as borrowed from different corners, in connection with

the treatment. Having exhausted all their financial

resources, they are in a state of despair, isolation

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and abandonment; besides undergoing unending agony,

stress and depression on account of the plight of their

dear one lying in a 'permanent vegetative state

' and

'coma'. The petitioners are constrained to approach

this court for appointing the named petitioner/wife of

the patient in comatose state as 'Guardian', contending

that no legislation in India does provide for

appointment of Guardian for a person in comatose state,

unlike legislations for appointment of 'Guardian for

minors' and persons with other disabilities like mental

retardation etc.

3. The petitioners in W.P(C)No.37278 of 2018 are

the wife and son of Shri T. Gopalakrishnan, who

suffered an irreversible brain damage on account of

cardiac arrest and was lying in a comatose state from

28.04.2018-

the

ill

fated

day

on

which

celebration/reception in connection with the marriage

of the second petitioner/son was going on. The victim

was immediately taken to the Medical Trust Hospital,

Ernakulam, where he was treated for more than one month

and was discharged, as the treatment did not show any

7

signs of meaningful neurological recovery. As per

Ext.P1 Discharge Certificate dated 01.06.2018, it was

certified that, though the patient was hemodynamically

stable (with enough pressure in the circulatory system

to keep the blood flowing), since he was remaining in

'comatose state', prolonged multidisciplinary hospice

care at home was necessary. Thereafter, the patient was

admitted in P.S. Mission Hospital, Maradu, which is

near to the place of residence of the petitioners. The

condition of the patient, at the time of admission on

02.06.2018 and at the time of discharge on 05.10.2018

(after four months' treatment)was in 'comatose state'.

As per Ext.P2 discharge certificate issued from

P.S.Mission Hospital, it was observed that continued

supportive treatments had to be followed up all during

his life time. The case of the petitioners is that the

patient was the sole bread winner of the family,

engaged in his own business; the petitioners have so

far spent more than Rs.20 lakhs towards medical

expenses and upkeep of the patient; that the said

amount was mobilised with much difficulty on the help

8

of relatives and friends; that both the petitioners are

unemployed and are running out of financial resources

even to meet their basic needs, but for the minimal

rentals they receive. It was in the said circumstance,

they seek to appoint the first petitioner as the

'Guardian' of her husband (victim/patient) and also

for operating his bank accounts and to deal with his

properties on war footing; pointing out that there is

no legislation for appointment of a 'Guardian' in

respect of persons lying in 'comatose state' and hence

immediate interference is necessary.

4. According to the petitioners, neither the

Guardian and Wards Act,1890, the National Trust for the

Welfare of persons with Autism, Cerebral Palsy, Mental

Retardation and Multiple Disabilities Act, 1999

(hereinafter referred to as National Trust Act), the

Mental Health Act, 1987, the subsequent Mental

Healthcare Act, 2017; nor the Rights of persons with

Disabilities Act, 2016 d