The court has the parens patriae jurisdiction to protect the welfare of non-compos mentis adults and can order treatment for those who are suffering from a mental illness and require it.

J U D G M E N T

The outcome of this lis reminds us of the need to give due importance to the welfare and well-being of non-compos mentis adults while exercising the parens patriae jurisdiction.

2. The petitioner is aggrieved by Ext. P5 order passed by the Judicial First Class Magistrate Court, Tripunithura, in not granting a direction to take her daughter (for short, 'the subject') for proper mental health treatment at the Co-operative Medical College Hospital, Thodupuzha.

3. The petitioner's daughter was working in New Zealand.

She came back to India in the middle of 2022 following an accident and started to reside with the petitioner and her son at the petitioner's house at Udayamperoor. According to the petitioner, even though during the initial stage, they were residing together peacefully, gradually, her daughter started showing behavioural disorders. It is alleged that she became very violent every now and then and started attacking the petitioner and her son, besides destroying household articles. It is further alleged that on 21/9/2022, she created a scene at home by setting fire to the scooter and destroying the windshield of the car of the petitioner's son. The petitioner approached the Station House Officer, Udayamperoor/the 2nd respondent, requesting assistance to take her daughter to a good hospital. But no action was taken by the 2nd respondent. Under those circumstances, the petitioner approached the learned Magistrate, invoking Section 47(3) of the Kerala Police Act, seeking police assistance to admit her daughter to the Co-operative Medical College Hospital, Thodupuzha, for treatment. The learned Magistrate, based on the report filed by the SI of Police, Udayamperoor, dismissed the petition as per Ext.P5 order. It is challenging the said order; the petitioner has approached this Court invoking Article 227 of the Constitution of India, 4. In the report filed by the Sub Inspector of Police, Udayamperoor, before the learned Magistrate, it is stated that when two WPCOs, on his instructions, met the daughter of the petitioner, she stated that she was not suffering from any mental illness, still, the petitioner and her son portray her as a lunatic. On the other hand, the petitioner maintained the stand that her daughter often becomes violent due to her illness, she is a risk for herself and other inmates in the house, and she needs immediate treatment. In view of these rival submissions, this Court thought it fit to have an independent evaluation of the mental health of the daughter of the petitioner. This Court was persuaded to do so due to the fair stand taken by the learned counsel for the petitioner, Smt.Rashmi K.V., in the best interest of the subject.

5. The Victim Rights Centre, Kerala High Court, was entrusted with the task of conducting the mental evaluation of the daughter of the petitioner. The Project Coordinator of the Victim Rights Centre was directed to visit the subject, interact with her and file a report regarding her mental state after taking her to any medical expert for the purpose of evaluation, if necessary. Accordingly, Adv.Parvathi Menon and Adv. Bindu Bhaskar met the petitioner, her daughter, and her son, interacted with them, and submitted a detailed report in a sealed envelope. The Project Coordinator opined that she could assess borderline behavioural disorders and a socially awkward attitude toward the subject. She suggested that all three people, that is, the petitioner, her daughter and her son, need a psychological evaluation by a psychiatrist or a psychologist. Hence, Dr.Janaki Sankaran, a Psychiatrist attached to the Victim Rights Centre, evaluated the petitioner and her son. The evaluation of the subject could not be done. In the meanwhile, Adv. Parvathi Menon filed an emergency report stating that on 18/1/2023, the petitioner and her son informed that the subject turned violent and was creating much havoc in the household. She suggested immediate hospitalisation of the subject. Acc