The Bombay High Court has appointed two daughters as legal guardians of their 73-year-old father, who has been bedridden and semi-conscious since suffering a brain injury following a cardiac arrest in 2024. The court observed that the man was incapable of caring for himself or managing his property.

In its order dated May 8, a copy of which was made available on Wednesday, Justice Abhay Ahuja emphasized that courts cannot be mere bystanders in situations where individuals are clearly unable to protect their own interests. Exercising its 'parens patriae' jurisdiction—a principle that allows courts to act as the guardian for those who cannot care for themselves—the court granted the daughters guardianship.

According to the plea, the elderly man sustained significant brain damage due to a lack of oxygen and blood supply during a cardiac arrest, leaving him in a semi-conscious state and fully dependent on others for his basic needs.

Initially filed under the Guardian and Wards Act—which typically applies to minors—the petition was later amended to invoke Clause XVII of the Letters Patent. This provision empowers the High Court to intervene in cases involving “infants, idiots and lunatics,” granting it jurisdiction over both the person and property of such individuals.

The court noted that although the case did not involve mental retardation, the man’s condition amounted to mental illness as defined under the Mental Healthcare Act—specifically, a substantial disorder of thinking and judgment that impairs the ability to function independently.

“Lunacy refers to an unsoundness of mind that renders a person incapable of handling civil affairs,” Justice Ahuja stated.

“Such a mental disorder, even if caused by cardiac arrest, qualifies as a state of lunacy under Clause XVII, enabling this court to exercise its jurisdiction.”

The High Court concluded that the man’s condition warranted continuous care and supervision, and thus approved the appointment of his daughters as his legal guardians for both his person and estate.