Kerala High Court Directs Govt To Notify SOP On Police Response To Persons Requiring Care Under Mental Healthcare Act

It has also directed SOP to be included in the curriculum of the cadets undergoing training in the Police Academy.

Justice Devan Ramachandran and Justice Basant Balaji issued the direction while disposing of an interlocutory application which highlighted the need for a uniform protocol to guide police and other agencies in dealing with persons with mental illness.

The Mental Healthcare Act, 2017 was enacted comprehensively to deal with issues relating to mental health and mental healthcare services, with the primary objective of promoting and fulfilling the rights of persons with mental illness during the delivery of mental healthcare and services.

The Court noted that police officers are among the primary stakeholders under the statutory framework. Chapter XIII of the Act, sets out responsibilities of various agencies, including the police.

The court said that several instances had been brought to its notice regarding inadequacies in the police response to situations involving persons with mental illness. Such shortcomings, it observed, were not necessarily attributable to any deliberate failure on the part of police officers, but could stem from a lack of proper awareness and necessary guidance.

Against this backdrop, the amicus curiae had proposed that a SOP be prepared and notified by the Government, thereby making it binding on the police and other concerned agencies and ensuring that their actions were guided by a uniform protocol.

On July 9, 2026, after taking note of various reports on record, including a report submitted on behalf of the State Police Chief, the court decided that a meeting of all stakeholders should be convened to consider the various suggestions and facilitate a coordinated approach.

The State Police Chief was accordingly directed to convene a meeting and submit a follow-up report before the court.

In August, representatives associated with the Victim Rights Centre (VRC) and Kerala State Legal Services Authority (KeLSA) informed the court that a meeting with the police authorities had been held and that the proposed SOP was in its final stage of preparation.

Subsequently, the SOP was finalised and was ultimately placed on record through standing counsel for KeLSA.

Amici curiae Ramkumar Nambiar and Sathyasree Priya, along with Parvathy Menon and Athira Menon, submitted that the finalised SOP contained the requirements of the statutory mandate and had been approved by the stakeholders following extensive discussions and consultations.

They requested the court to direct the Government to notify the SOP under Chapter XIII of the Mental Healthcare Act.

The court accepted the request, observing that it was in the common interest of all stakeholders, particularly the police, to have clear guidelines regarding the manner in which they should act when they encounter or interact with persons requiring care under the Act.

The court directed the State Government to notify the SOP placed on record along with the memo submitted by KeLSA in the official Gazette, in accordance with the applicable rules and Section 100 of the Mental Healthcare Act.

Once the notification is issued, the State Police Chief has been directed to ensure that the notified protocol is circulated to all Station House Officers and police stations under his command so that officers are adequately equipped to act in accordance with the prescribed guidelines.

The court further directed the Police Chief to ensure that the Director of the Kerala Police Academy incorporates the SOP into the curriculum for new cadets and officers undergoing training. This exercise is to be undertaken as soon as the Gazette notification is issued.

Recognising that the effective implementation of the SOP would depend to a considerable extent on the response of the Health Department, the court also directed the Secretary of the Health Department to circulate the order to all responsible officers in the department.

The Bench placed on record its appreciation for the State Police Chief and other stakeholders for their efforts in finalising the protocol within the timeline prescribed by the court.

The interlocutory application was accordingly closed with the above directions. The matter has been posted after one month for compliance.

Case Title: The High Court Legal Aid Committee v The State of Kerala

Case No: IA 10/ 2023 in OP 16667/ 1996

Counsel for Petitioner: K.R. Ranjith (GP)

Counsel for Respondent: S. Gopakumaran Nair (Sr.), O.M. Shalina (DSGI), Athira A. Menon, K.R. Renjith, Paravthi Menon, Anitha Chandran (Court Guardian), Sadchith P. Kurup, ASP Kurup

Amicus Curiae: Sathyasree Priya. E, V. Ramkumar Nambiar,