Persons with mental illness or intellectual disabilities cannot be disqualified from electoral rolls

Judgment Emphasizes Non-Disqualification from Voter Rolls Without Court Declaration of Unsound Mind

In a landmark judgment passed by the Kerala High Court, Justice P.V. Kunhikrishnan underscored the importance of electoral rights for persons with mental illness, stressing that they cannot be excluded from electoral rolls based solely on assumptions or without a competent court's declaration of unsound mind. The case, titled Jomon Jacob v. State Election Commission, revolved around a petition seeking to segregate votes of individuals residing in a mental health rehabilitation center during the upcoming general elections.

Petitioners, residents of Pala Municipality, had challenged the inclusion of certain individuals in the voters' list, claiming they were mentally challenged and unable to vote according to their will. They urged the court to segregate these individuals' votes using separate electronic voting machines. However, the court dismissed the petition due to the absence of affected parties being impleaded and lack of documentary evidence to support the claim of mental illness.

Justice Kunhikrishnan highlighted the provisions of the Mental Health Care Act, 2017, which affirm that persons with mental illness are deemed capable of making decisions regarding their mental healthcare unless declared of unsound mind by a competent court. The judgment reinforced the notion that mental illness alone does not disqualify individuals from being registered in electoral rolls, as per Section 74 of the Kerala Municipality Act, 1994.

The court's decision emphasized the societal responsibility to integrate persons with mental illness into mainstream activities rather than segregate them, noting that mental illness is not a sin but a condition that can be managed with proper care and compassion. The judgment calls for empathy and inclusion, urging society to assist individuals in overcoming the darkness of mental illness and partake in the beauty of democratic participation.

The court also criticized the petitioners for failing to include the affected individuals or representatives from the rehabilitation center in the writ petition, which was deemed necessary for a fair and just adjudication. Justice Kunhikrishnan's judgment serves as a reminder of the constitutional rights of every citizen, advocating for the dignity and respect of persons with mental illnesses in electoral processes.

Bottom Line:

Persons with mental illness or intellectual disabilities cannot be disqualified from electoral rolls merely based on assumptions or without a competent court's declaration.

Statutory provision(s): Mental Health Care Act, 2017 Sections 2(s), 3, and 4; Kerala Municipality Act, 1994 Section 74

Jomon Jacob v. State Election Commission, (Kerala) : Law Finder Doc Id # 2810259