Kerala HC Orders Sensitization Of Police Officers In Accordance With the Mental Healthcare Act, 2017
Kochi: The Kerala High Court bench of Justice K Babu recently directed the State Police Chief to ensure that all the police officers are sensitized on the Mental Healthcare Act, 2017 to understand the conditions of the person with mental illness. The order stated, “The State Police Chief will ensure that the Police Officers in all the Police Stations in the State are sensitized to the relevant provisions of the Mental Healthcare Act, 2017 so as to ensure proper, prompt and effective compliance with the provisions, which would pave the way for ameliorating the grievances of the mentally ill persons.”
The amicus curiae in the matter, Advocate V Ramkumar Nambiar had suggested the same to the Court. The State Police shall ensure that the Police Officers in all the Police Stations must be sensitized to the provisions of the Mental Healthcare Act, 2017 so as to ensure compliance with the provisions and addressing the grievances of the mentally ill people.
An application has been filed on behalf of a man who has suffered from bipolar disorder, depression and had suicidal tendencues and becuase of thus, the petitioner mentioned that he could not stand trial or defend a criminal case against him because of his unsound mind. He was charged under Sections 377 of the IPC and Sections 9 and 10 of the POCSO Act of 2012.
An application was filed by his wife under Sections 328 of the CrPC which deals with procedure to be followed in criminal cases where the accused is of unsound mind. A special judge had rejected the application for which the petitioner approached the HIgh Court. The Counsel for the petitioner mentioned that the trial court did not take reference of materials that could prove the mental illness and incapacity of the petitioner to make his defense.
It was further submitted that the trial court was not an expert in determining the mental status of the accused petitioner. He also relied on Section 105 of the Mental Healthcare Act, 2017 to contend that the matter should have been referred to an expert board. For this reason, because of the inaction, the High Court had to interfere in this matter, according to the Amicus Curiae. The High Court has thus ordered the trial court to follow the procedures and guidelines under Section 105 of the MHA, 2017.
