Persons Acquitted Due To 'Unsound Mind' Can't Languish Indefinitely In Mental Institutions For Want Of Rehab Facilities: Kerala High Court

The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar passed the order in a criminal appeal in which it had acquitted a man, who was found guilty of the murder of a young boy by the trial court, on the ground of unsoundness of mind.

After the acquittal, the Court had directed that the appellant be retained in a safe custody in a mental health facility in Kerala and appropriate directions were given to the Director General of Prisons and the Home Department Secretary as well.

Thereafter, in March, Advocate Jinu Treesa Jose was appointed an Amicus Curiae to assist the Court and to examine the legal, constitutional, and institutional framework governing the continued custody, care, treatment, and rehabilitation of a person acquitted due to unsoundness of mind.

According to the Amicus, the present situation is such that even if the appellant is eventually cured of his mental ailments, there is no proper rehabilitation infrastructure in Kerala to help him reintegrate into society. She told that in Ernakulam, there are only three rehabilitation centres and none of has vacancy to accommodate the appellant in case of his recovery.

Hearing the submission, the Court observed:

“The aforesaid situation presents a matter of grave constitutional and humanitarian concern. A person acquitted on the ground of unsoundness of mind cannot be permitted to languish indefinitely in a mental health institution solely on account of the absence of adequate rehabilitation facilities or institutional support mechanisms. Such continued confinement, despite recovery or stabilisation, would strike at the very heart of the guarantees of dignity, autonomy, equality, and community living recognised under Sections 18 to 21 of the Mental Healthcare Act, 2017, and protected under Article 21 of the Constitution of India.”

It then went on to suo motu implead the Director, Department of Social Welfare and directed the Government Pleader to get instructions from the Director regarding the facilities available for rehabilitation of persons acquitted due to unsoundness of mind.

“We are also informed that, across various mental health institutions in the State of Kerala, there are more than 100 persons who have substantially recovered from mental illness, but for whom no meaningful rehabilitation facilities are presently available. The Director, Department of Social Welfare, shall therefore also place before this Court the concrete measures, policies, and institutional mechanisms proposed to be implemented for ensuring the rehabilitation, reintegration, and dignified community living of such individuals in accordance with the mandate of the Mental Healthcare Act, 2017,” the Court added.

The case is posted on May 29 (Friday).

Case No: Crl.A. No. 1563 of 2019

Case Title: X v. State of Kerala

Counsel for the appellant: Manju Antoney

Counsel for the respondent: Ambika Devi S. – Special Government Pleader

Amicus Curiae: Jinu Treesa Jose

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