An Analytical Study On The Appointment Of Guardians To Vegetative People
- IJLLR Journal
- Mar 2, 2023
- 1 min read
An Analytical Study On The Appointment Of Guardians To Vegetative People In Reference To The Doctrine Of 'Parens Patriae'
Rakshith Shetty K, School of law (Christ Deemed to be University)
ABSTRACT
The United Nations Convention on the Right of Persons with Disability, 2006, was a major initiative that advocated for the recognition of the liberty and dignity of people with disability. In furtherance with the UN convention, India enacted couple of legislation in regard to the protection of person with disability. One of the key features of such legislation is the provision for the appointment of a Guardian to protect the life and property of the vegetative patients. However, such provisions created an ambiguity with respect to the scope of appointing a guardian for Vegetative and Comatose patients within the ambit of such legislation. The relevant provisions which provide for the appointment of a Guardian requires the consent of the disabled person, which in the case of Comatose patient or Vegetative Patient, as the case may be, is not possible. In this paper, the author shall be examining the scope of such legislation in appointing a Guardian for Vegetative and Comatose Patients. Further, the authors shall be examining in depth at the doctrine of ‘Parens Patriae’ and its application in protecting the interest of the Vegetative Patients. Furthermore, the author shall also be looking in depth at the wide interpretation that could be applied in understanding the ‘retrospective nature of obtaining consent’.
Keywords: Appointment, Comatose, Disability, Guardian, Provisions, Vegetative
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