Isabella Mariam

The High Court of Kerala Division Bench of Justice Devan Ramachandran and Justice M.B. Snehalatha directed the Director of Health Services to conduct a comprehensive safety audit of all three state-run Mental Health Centres, with specific focus on areas housing persons in need of care. The court was acting on an interim application moved by the amicus curiae in a long-standing public interest litigation on mental health care, originally initiated pursuant to the Supreme Court's directions in Sheela Barse v. Union of India.

An interlocutory application was placed before the Division Bench after an incident in which a person declared to be in need of care allegedly escaped from the Mental Health Centre, Thrissur, and attacked three persons, causing grievous injuries. The learned Amici Curiae brought the issue to the Court’s attention, raising concerns regarding security arrangements in Mental Health Centres.

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The State Government was represented through the Health and Family Welfare Department and other authorities. During the hearing, the learned Government Pleader sought time to respond to the application and to the questions raised by the Amici Curiae. The Court also considered the necessity of involving senior health and police officials, including the Director of Health Services, District Medical Officer, and Superintendents of the concerned Mental Health Centres, in order to examine the circumstances of the incident and the adequacy of existing safeguards.

The Court recorded that “The learned Amici Curiae – Sri.V.Ramkumar Nambiar and Smt.Sathyashree Priya Easwaran, bring, through this application, a matter of vital public involvement.” It stated that “Rather shockingly, a person declared to be in need of care, appears to have escaped from the Mental Health Centre, Thrissur; and then vanished into the darkness of the night, to attack three people and injure them grievously.” The Bench noted, “It is a matter of providence that none of the injured persons are now in the danger zone; but it is for no fault of theirs, that they have been subjected to this trauma.”

Referring to the submissions of the Amici Curiae, the Court observed, “The learned Amici Curiae, in paragraph 2 of this application, have posed certain very pertinent questions, which certainly engage our minds also, not merely when told about this incident, but even otherwise.” It further recorded, “Something like this to happen in future is one that we were always apprehensive about, especially when the security situation in the Mental Health Centres has not been properly verified or audited for a long time.” The Bench added, “In fact, this Court has initiated another application for various purposes, including this.”

On the gravity of the situation, the Court stated, “No doubt, the situation presented is very grave and requires to be dealt with immediately.” It continued, “No delay can be brooked, particularly when dealing with people who have no control over their actions.” While noting the request of the learned Government Pleader for time, the Court recorded, “We propose to accede to the afore request; but are certain that we cannot wait for answers to come.”

The Court ordered, “We implead the State of Kerala, represented by Secretary of Health and Family Welfare Department, Secretariat, Thiruvananthapuram – 695 001; the Director, Directorate of Health Services, Thiruvananthapuram; the District Medical Officer, Thrissur; the State Police Chief, DGP Office, Vazhuthacaud, Thiruvananthapuram; the District Police Chief, Thrissur and the Superintendents, Mental Health Centres, Thiruvananthapuram, Thrissur and Kozhikode as respondents.”

“Sri.K.R.Ranjith – learned Government Pleader, will respond to the contents of this application and specifically the questions posed by the learned Amici Curiae, by the next posting date, through an affidavit to be sworn to by a competent Authority/Authorities.”

“We direct the respondent - Director of Health Services, in concurrence with the other officers, to conduct a safety audit of all the three Mental Health Centres, with specific reference to the areas where persons in need of care are being housed and protected.”

“We request the learned Amici Curiae - either both of them or either of them - to be involved in the afore audit, for which all steps shall be taken by the respondent - Director of Health Services. The report of Audit so made, shall be made available to us by the next posting date.”

“We direct the respondent - District Medical Officer, Thrissur, to verify the present status of the persons injured in the incident in question; and inform us how their treatment is being taken care of, as also the provisions made, if any, for its financing and expenses.”

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“We direct the Superintendents of the Mental Health Centres, to inform this Court, the steps and measures in place for the protection of the doctors, nurses and other healthcare professionals of the institution, as also the details regarding the security personnel and such other, which will also be answered in terms of the questions posed by the learned Amici Curiae mentioned above.”

“We direct the Superintendents of Police/Commissioners of Thiruvananthapuram, Thrissur and Kozhikode to ensure that sufficient security is maintained in all the Mental Health Centers, suitably liaising with the Superintendents of such Centres, to make sure that such incidents do not happen in future.”

Advocates Representing the Parties

For the Petitioners: Sri. N. Manoj Kumar, State Attorney

For the Respondents: Sri. K.R. Ranjith, Government Pleader; Sri. Benjamin Paul, Standing Counsel for Kerala State Electricity Board; Sri. M.R. Rajendran Nair (Senior); Deputy Solicitor General of India; Special Government Pleader (Taxes); Special Government Pleader (Finance); Sri. V. Ajay; Smt. N.N. Girija; Smt. P. Vijayamma; Smt. Molly Jacob; Smt. Prabha R. Menon; Sri. Laji Sam Zacharia; Sri. Dinesh Rao, Standing Counsel; Smt. Athira A. Menon, Standing Counsel for KELSA; Sri. V. Ramkumar Nambiar and Smt. Sathyashree Priya Easwaran (Amici Curiae)

Case Title: High Court Legal Aid Committee v. State of Kerala & Ors.
Case Number: IA No.2/2026 in OP No.16667/1996(S)
Bench: Justice Devan Ramachandran and Justice M.B. Snehalatha