Kerala High Court Aids Schizophrenic Litigant In Getting Psychiatric Assistance After He Filed Plea Suspecting Proceedings Against Himself

The Kerala High Court recently undertook a unique act of judicial activism when it aided a litigant, who was appearing in person and suffering from schizophrenia, to take mental health support.

The Division Bench of Dr. Justice Jayasankaran Nambiar and Justice Jobin Sebastian was considering a writ petition filed by the petitioner on a suspicion that he would be detained in accordance with the preventive detention laws.

On hearing the petitioner and after considering the government pleader's submission that no proceedings were outstanding against him, the Bench referred him to a Clinical Psychologist attached to the Victim Rights Centre (VRC). It observed:

"When the matter came for admission before us, and on hearing the submissions of the petitioner, we had a doubt with regard to his intellectual abilities, and therefore, referred him to a Clinical Psychologist attached to the Victim Rights Centre, functioning under the auspices of the Kerala State Legal Services Authority [KeLSA]. A preliminary assessment of the petitioner by the said Psychologist suggested that his was a case of schizophrenia. This aspect became further clear when the Public Prosecutor, who had taken instructions from the Government in the meanwhile, reported that no proceedings were outstanding against the petitioner."

Thereupon, the Bench went one step further in order to ensure that the petitioner receives adequate medical assistance. It interacted with the petitioner and his father to convince him to take support for his condition. Thereafter, it requested Adv. Parvathi Menon A. to support the petitioner and refer him to the Psychiatry Department of the Government Medical Hospital.

The Court further observed:

"We also requested Adv.Smt.Parvathi Menon A., who is known for her pro bono work for the lesser privileged persons in society and also for playing an active role in the functioning of the Victim Rights Centre, to try and get the petitioner referred to the Psychiatry Department of the Government Medical College Hospital, Ernakulam, for treatment. We are happy to note that on account of the efforts of Adv.Smt.Parvathi Menon A., the petitioner was able to receive treatment at the aforementioned Hospital and is making steady progress with regard to his medical condition."

In the medical report submitted by the Hospital, supervised medications, long time regular follow up and continuous psychosocial support was recommended. Thereafter, the Court interacted with him again today and concluded the proceedings before it.

"During an interaction with the petitioner today, he assured us that he will follow up on his medications and seek continuous psychosocial support as advised by the doctors. We therefore close this writ petition as infructuous, and wish the petitioner the very best in his future endeavours."

Thus, it closed the writ petition.

Case No: W.P(C) No. 35906 of 2025

Case Title: XXX v. State of Kerala and Ors.

Citation: 2025 LiveLaw (Ker) 608

Counsel for the respondents: K.A. Anas - Government Pleader

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