In a pivotal decision, the Kerala High Court granted protection under the Bharatiya Nagarik Suraksha Sanhita (BNSS) to individuals suffering from Alzheimer’s and intellectual disabilities, applying this safeguard retroactively to proceedings initiated before July 1. This ruling came during the case of a 74-year-old accused under the Prevention of Corruption Act, whose defense argued he was incapable of standing trial due to advanced Alzheimer’s dementia.
The court highlighted that when an accused is found to be of unsound mind and incapable of defending themselves, proceedings must be postponed. Extending the BNSS protections retrospectively, the court stressed that a fair trial is a fundamental right under Article 21 of the Constitution. If these provisions were not applied retroactively, there would be a failure to uphold this right for those suffering from intellectual disabilities.
The case centered around a man whose Alzheimer’s diagnosis had not been adequately addressed by the trial court. Despite a medical evaluation confirming severe dementia, the trial court ordered a psychiatrist’s assessment and directed the accused to voluntarily seek examination, which the High Court deemed incorrect. Justice K Babu underscored that mental or intellectual disabilities prevent an accused from effectively participating in a trial, warranting careful judicial handling.
The court’s decision aligns the Mental Healthcare Act and the BNSS to ensure broader protections for individuals with intellectual disabilities, including Alzheimer’s dementia, during judicial proceedings. Furthermore, the court emphasized the importance of equal treatment under Article 14, stating that the rights of those with mental or intellectual disabilities must be preserved, regardless of when their case was initiated.
The court sent the case back to the trial judge, deeming the previous decision unlawful and mandating a reevaluation of the accused under the BNSS provisions.
