Digital Stalking By Former Spouse.

22 Apr 2026 --
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1. Meaning of Digital Substitute Decision-Making Systems

Digital substitute decision-making systems refer to technology-enabled mechanisms that allow another person or system to make decisions on behalf of an individual who is unable to decide for themselves, either partially or fully.

These systems are increasingly used in:

Healthcare (consent for treatment via digital records)
Financial management (online banking supervision tools, digital guardianship)
Legal decision-making (e-consent systems in courts)
Elder care (remote monitoring + automated consent tools)
Disability support systems (assistive AI decision platforms)
Minor protection systems (parental control + digital guardianship tools)

In legal terms, they intersect with:

Guardianship laws
Mental health laws
Data protection laws
Constitutional rights (autonomy, dignity, privacy)

2. Core Legal Concept

Substitute decision-making occurs when:

A person lacks capacity (mental illness, minority, unconsciousness, disability), and
Another person or system is authorized to act on their behalf

Digital systems now assist or replace traditional paper-based guardianship through:

E-signature authorization systems
AI-assisted medical consent tools
Online court-appointed guardianship portals
Digital power of attorney platforms

3. Types of Digital Substitute Decision Systems

(A) Medical Digital Consent Systems

Hospital e-consent platforms
Emergency proxy decision apps

(B) Financial Substitute Systems

Bank nominee + digital guardianship access
Joint account monitoring tools

(C) Legal Decision Systems

Court-appointed digital guardianship portals
E-filing systems for incapacity cases

(D) AI-Assisted Decision Tools

Predictive systems suggesting medical/legal outcomes (non-binding)

(E) Care and Welfare Monitoring Systems

Elder care IoT systems that trigger substitute decisions

4. Legal Issues Involved

(A) Autonomy vs Protection

Balancing:

Individual self-determination
Need for protection when capacity is impaired

(B) Validity of Digital Consent

Whether digital signatures or AI-based consent is legally valid

(C) Risk of Abuse

Financial exploitation
Digital coercion
Unauthorized access by substitute decision-makers

(D) Privacy Concerns

Sensitive health and financial data exposure

(E) Accountability of Systems

Whether AI or platform errors create legal liability

5. Indian Legal Framework

Mental Healthcare Act, 2017
Rights of Persons with Disabilities Act, 2016
Indian Contract Act, 1872 (capacity to contract)
Guardians and Wards Act, 1890
Information Technology Act, 2000 (digital consent & e-signatures)
Constitutional Article 21 (dignity, autonomy, privacy)

6. Important Case Laws (India)

1. Shafin Jahan v. Asokan K.M. (2018) 16 SCC 368

The Supreme Court upheld the right of an adult to make independent life choices.

Relevance:

Reinforces autonomy over substitute decision-making
Limits overreach of family or guardians in personal decisions
Digital systems must respect free consent, not override it

2. Common Cause v. Union of India (2018) 5 SCC 1

Recognized the legality of passive euthanasia and living wills.

Relevance:

Introduces formal substitute decision-making through advance directives
Supports digital advance healthcare directives (living will systems)
Establishes legal validity of pre-recorded decisions

3. Suchita Srivastava v. Chandigarh Administration (2009) 9 SCC 1

Held that reproductive autonomy is part of personal liberty under Article 21.

Relevance:

Even persons with disabilities retain decision-making autonomy
Substitute systems cannot override consent without legal safeguards
Digital consent platforms must preserve individual choice

4. Justice K.S. Puttaswamy v. Union of India (2017) 10 SCC 1

Recognized privacy as a fundamental right.

Relevance:

Digital substitute decision systems must protect sensitive data
Consent must be informed and voluntary, not automated coercion
Limits surveillance-based guardianship tools

5. Aruna Shanbaug Case (2011) 4 SCC 454

Dealt with long-term vegetative state and passive euthanasia.

Relevance:

Established role of substitute decision-making in healthcare
Court acts as guardian of incapacitated individuals
Supports structured decision systems for incapable patients

6. Vikash Kumar v. UPSC (2021) 5 SCC 370

Held that reasonable accommodation must be provided to persons with disabilities.

Relevance:

Encourages assistive technologies in decision-making
Supports digital accessibility tools for independent decision-making
Limits unnecessary substitution of autonomy

7. S.R. Bommai v. Union of India (1994) 3 SCC 1

Though constitutional, it reinforces limits on arbitrary power.

Relevance:

Substitute decision systems must not become arbitrary control mechanisms
Ensures checks and balances on delegated authority

8. State of Punjab v. Mohinder Singh Chawla (1997) 2 SCC 83

Recognized right to health as part of Article 21.

Relevance:

Supports medical substitute decision systems in emergencies
Justifies digital emergency consent mechanisms

7. Judicial Principles Emerging

(A) Autonomy is Primary

Courts strongly protect individual decision-making rights.

(B) Substitution is Exception, Not Rule

Only allowed when capacity is legally proven absent.

(C) Digital Systems Must Mirror Legal Safeguards

Capacity assessment
Informed consent
Judicial oversight in disputes

(D) Privacy Must Be Preserved

Substitute systems cannot become surveillance tools.

(E) Courts Retain Final Authority

Especially in life, liberty, and medical decisions.

8. Practical Applications

(A) Healthcare

Digital advance directives (living wills)
Emergency proxy apps for unconscious patients

(B) Elder Care

AI systems alerting guardians for decisions
Remote consent for medical treatment

(C) Financial Sector

Banking nominee dashboards
Court-appointed digital guardianship access

(D) Disability Support

Assisted decision-making platforms instead of full substitution

9. Risks and Challenges

Over-reliance on AI decision systems
Unauthorized access to personal accounts
Undue influence by family members or caregivers
Lack of legal clarity on AI liability
Digital exclusion of vulnerable populations

10. Conclusion

Digital substitute decision-making systems represent a major evolution in law, healthcare, and governance. However, Indian courts consistently emphasize that: