Kerala HC Orders Assessment of Rehabilitation Facilities for Mentally Ill Acquittees

The Kerala High Court has directed the Department of Health and Family Welfare to conduct a comprehensive assessment of facilities for the rehabilitation of persons acquitted on grounds of mental illness, as mandated under the Mental Health Care Act, 2017.

The order came while hearing a plea concerning a man from Pullepady who was acquitted of murdering a 10-year-old boy due to unsoundness of mind. The court was informed that even if the individual was deemed medically fit to rejoin society, there were no facilities available for his reintegration.

In response, the Department of Social Justice submitted a report on existing rehabilitation facilities for those with mental illness in Kerala. The state informed the court of a scheme aimed at transitioning undertrial prisoners and acquitted persons from mental healthcare facilities to approved psycho-social rehabilitation centres. These centres are operational across four designated non-governmental organisations in Thiruvananthapuram, Ernakulam, and Wayanad.

The report also noted that 97 such individuals in government mental health centres in Thiruvananthapuram and Thrissur are fit for rehabilitation. The department is working to establish a timeline for their rehabilitation and continued care.

The court directed the state to establish a State Mental Health Authority and halfway homes under the Mental Health Care Act. Halfway homes are transitional living facilities for persons with mental illness who have been discharged but are not ready to live independently.

The report further revealed that six Ashabhavan centres house approximately 380 individuals, each exceeding its capacity of 50 persons. These centres provide rehabilitation services to those who have been cured but require psycho-social support.

The court also ordered the state to assess the 120 registered psycho-social rehabilitation centres to verify their capability to provide a secure and rehabilitative environment. Such institutions could relieve the burden on Ashabhavan centres while ensuring adequate support to residents.