Joseph vs State of Kerala

Thottathil B. Radhakrishnan, J.—Writ petitioner, appearing in person, points out on the basis of reliable information that there are cases of admissions to Mental Health Centres without proper assessment and audit and this is being abused to generate matrimonial discord, including separation, and also for various other matters, relating to assets of persons who are admitted to such Centres. Chapter IV of the Mental Health Act, 1987, for short, the "Act", deals with admission and detention in psychiatric hospitals or psychiatric nursing homes. Parts I, II and III respectively thereof relate to admission on voluntary basis; admission under special circumstances and reception orders.

While admission on the basis of reception orders in terms of Part III would necessarily fall within the continued gaze of the judiciary in terms of the provisions in that Part, it is also necessary that no mental health centre, that is to say, a psychiatric hospital or a psychiatric nursing home, either in Government sector or otherwise, admits any person in violation of the statutory requirements as contained in Part I or Part II of Chapter IV of the Act, as the case may be. All cases of admission on voluntary basis shall be strictly in conformity with the prescriptions in Ss. 15 & 16 and no admission shall be made without following the due procedure in S. 17 of the Act. No admission under special circumstances which falls under Part II of Chapter IV, shall be made in violation of the terms of S. 19. This means that a mentally ill person who does not, or is unable to, express his willingness for admission as a voluntary patient, may be admitted and kept as an inpatient in a psychiatric hospital or a psychiatric nursing home only on an application made in that behalf by a relative or a friend of the mentally ill person if the medical officer in charge is satisfied that in the interest of the mentally ill person, it is necessary so to do. Such an application in terms of sub-section (1) of S. 19 has to be in the prescribed form and be accompanied by two medical certificates, from two medical practitioners, of whom one shall be a medical practitioner in the service of Government, to the effect that the condition of such mentally ill person is such that he should be kept under observation and treatment as an inpatient in a psychiatric hospital or in a psychiatric nursing home. However medical officer in charge of a psychiatric hospital or a psychiatric nursing home concerned may, if satisfied that it is proper so to do, cause a mentally ill person to be examined by two medical practitioners working in the hospital or in the psychiatric nursing home instead of requiring such certificates. The afore-noted provisions are made in Chapter IV of the Act to ensure, among other things, that the treatment, care and management of mentally ill persons are appropriately carried out in consonance with the fundamental right to life guaranteed under Part III of the Constitution of India and the concept of "human rights" in the realm of the Human Rights Act, 1993 and the obligations of India in the international regime, in connection with human right issues. Similarly, such management should be in consonance with the assured concept of dignity which is a seminal principle and constitutional value declared through the Preamble to the Constitution of India.

Therefore, those in management and control of the Mental Health Centres under the Government, as also, other psychiatric hospitals and psychiatric nursing homes shall ensure that the afore-noted statutory provisions in the Mental Health Act are strictly adhered to. It is hence directed that such provisions shall be given effect to, without fail. It is further ordered that if any violation of the aforesaid is noted by the respective Chairpersons of the Monitoring Committees appointed by this Court for the different Mental Health Centres in Kerala, that shall be immediately brought to the notice of the concerned officer in the appropriate DLSA and through that institution to the KELSA for initiating further appropriate action for violation of the laws as noted above.