Kochi: In a strong affirmation of dignity and equal rights, the Kerala High Court has dismissed a plea seeking separate digital recording of votes cast by persons with mental disabilities in the 2025 elections. Justice P. V. Kunhikrishnan ruled that merely living in a rehabilitation centre or assuming someone has a mental condition does not justify branding them “of unsound mind.” The petition, filed by two Pala residents, claimed that 60 voters of the Mariya Sadhanam centre were incapable of exercising their will and needed a separate digital EVM.
The court rejected the argument, noting that no competent authority had declared these individuals as mentally unfit, as required under the Kerala Municipality Act. It stressed that admission to a rehabilitation facility does not imply mental incapacity. The bench further criticized the petition for excluding the affected individuals and the centre itself, calling the move procedurally flawed and discriminatory.
Condemning the stigma attached to mental illness, the court observed that segregating voters on presumed disability violates constitutional values of equality and dignity. Reiterating that only a court can disqualify a person from voting, the judgment highlighted a compassionate standpoint: “Mental illness is not a sin.” The ruling reinforces that individuals with mental illnesses or intellectual disabilities have the same voting rights as any other citizen, ensuring their full inclusion in the democratic process.
