Kerala High Court bats for voting rights of rehab centre inmates, junks plea for recording their votes in separate EVM for 2025 polls

The court said labelling a person as mentally ill “creates social stigma and various forms of discrimination and undermines their dignity”. It noted that if they are declared persons of unsound mind by the court without hearing them, it will not only be an injustice but also an insult to them.

“Labelling a person as ‘mentally ill’ creates social stigma and various forms of discrimination, emotional harm, promotes social exclusion and undermines their dignity,” the court noted.

According to the petitioners, voters who are currently in a rehabilitation centre for persons with mental disabilities are unable to cast their votes according to their will, and therefore, their votes are to be kept in a separate electronic voting machine and recorded digitally while they cast their votes in the ensuing general election of 2025.

The court pointed out that the persons alleged to be mentally ill according to the petitioners were not even made parties to the petition.

The court said that even if the petitioners argue that the persons in the rehabilitation centre are suffering from mental illness, they ought to have been made a party through a “fit person”.

The court further observed that it cannot presume that the persons staying in a rehabilitation centre for mentally ill persons were mentally ill or suffering from mental illnesses.

The court said it would be an insult to them if it proceeds in that direction.

“This court cannot presume that they are mentally challenged persons or suffering from mental illness. It will be an insult to them if this court proceeds like that, especially when they are not a party in this writ petition,” it held.

The court further noted that even if it is assumed that they were suffering from mental ailments, that alone wouldn’t disqualify them for registration in an electoral roll and referred to Section 74(1)(b) of the Kerala Municipality Act.

The provision says “a person shall be disqualified for registration in an electoral roll if he is of unsound mind and stands so declared by a competent court”.

The court underscored the absence of a case proving that the potential voters of the rehabilitation centre were persons of unsound mind and stood so “declared by a competent court”.

The order noted that though ineligible persons cannot be included in the electoral roll however that does not mean that anyone can declare a person to be of unsound mind and seek their exclusion from the regular voters.

The court said “mental illness is not a sin and they need to be taken care of”, adding the petitioners could visit that rehabilitation centre and motivate the inmates instead of denying them the voting right.

The court quoted Malayalam poet Sugathakumari poetry and translated it to say, “The prison of darkness- slowly pulled open, It beholds the beauty outside, In a single glance, witnesses the supreme festival, and the human heart trembles with delight.”

While dismissing the petition the court said, “We should help them open the dark door by holding their hand tightly and leading them to the light of the festival. The petitioners should be part of that.”