Patna High Court – Orders
Court On Its Own Motion Regarding Matter … vs The State Of Bihar on 18 February, 2026
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2805 of 2026
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Court on its own motion Regarding matter relates to the Inspection Report
... ... Petitioner/s
Versus
The State of Bihar & Ors.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. X
For the Respondent/s : Mr. P.K. Shahi, A.G.
For the Union of India : Dr. K.N. Singh, Senior Advocate
Mr. Amish Kumar, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 18-02-2026
This suo motu Public Interest Litigation has been
initiated pursuant to the report dated 17.02.2026 submitted by
the learned Member Secretary, Bihar State Legal Services
Authority (hereinafter referred to as “BSLSA”), which is an
inspection report with respect to the shortcomings of mental
health facilities in the State of Bihar and at the Bihar State
Institute of Mental Health and Allied Sciences (BIMHAS),
Koelwar, Bhojpur.
2. It appears that BSLSA prepared a Minimum Action
Plan for conducting legal awareness programmes through the
District Legal Services Authorities of the State of Bihar for the
period from January 2026 to December 2026. As per the
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calendar of BSLSA, 14.02.2026, which was a second Saturday,
was fixed for an awareness programme under the NALSA
(Legal Services to the Mentally Ill and Mentally Disabled
Persons) Scheme, 2015.
3. On that day, some of the Hon’ble Judges of this
Court, including one of us (Hon’ble the Chief Justice), along
with the learned Registrar General, Patna High Court; the
learned Member Secretary, BSLSA; the learned Principal
District & Sessions Judge-cum-Chairman, District Legal
Services Authority, Bhojpur at Ara; and the Health Secretary,
Government of Bihar, along with others, visited BIMHAS for
streamlining the legal awareness programme. Accordingly, a
report was directed to be prepared highlighting the shortcomings
found in BIMHAS so as to take a balanced and holistic
approach to address such shortcomings.
4. In the report, it has been highlighted as follows:
(i) In the State of Bihar, the Bihar State Institute
of Mental Health and Allied Sciences (BIMHAS)
in Koelwar, Bhojpur, is the sole State-run
institution dedicated to mental health, with a
current inpatient capacity of only 180 beds. An
additional hospital with 140 beds is under
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Bihar’s vast population and expansive
geographical area, this single facility is
inadequate. The high prevalence of mental health
issues in the State necessitates the establishment
of multiple institutes or branches of BIMHAS
across different regions;
(ii) The Mental Illness Cured Home (MI Home),
established by the Social Welfare Department
under the directives of the Honourable Supreme
Court, currently has a limited capacity of only 50
beds for male patients and 50 for female patients.
This is grossly insufficient. As a result, many
cured or stabilized psychiatric patients face
delays in social rehabilitation, prolonging their
institutionalization and hindering their
reintegration into society. The capacity needs to
be expanded for both males and females;
(iii) All medical colleges and district hospitals in
Bihar need to establish dedicated facilities or
wards for homeless (Lawaaris) individuals
suffering from mental illnesses. Currently, there is
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a lack of such specialized accommodations,
leaving vulnerable populations without proper
shelter or treatment during recovery;
(iv) There is a notable lack of coordination
between the Social Welfare Department and other
government agencies regarding the rehabilitation
of homeless or Lawaaris patients following their
successful treatment. As a consequence, even after
full recovery, these individuals often remain
unnecessarily hospitalized due to insufficient
support networks;
(v) There is an urgent need to implement
comprehensive training and vocational
programmes for cured or stabilized psychiatric
patients to equip them with employable skills;
(vi) The government is also required to actively
promote and encourage the employment of cured
or stabilized psychiatric patients under various
government schemes and programmes;
(vii) A rest house with sufficient capacity needs
to be constructed within the campus of BIMHAS
to accommodate patients traveling from distant
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parts of the State or even other regions of the
country for their treatment, along with their
attendants;
(viii) The approach road leading to BIMHAS
needs to be widened to a four-lane configuration
to handle increased traffic and improve
accessibility. Currently, the narrow road causes
congestion, delays in emergency transport, and
safety hazards, especially for ambulances and
patients with mobility issues;
(ix) The operation of the Balu Ghat (sand
mining site) and sand storage facilities in the
vicinity of the hospital needs to be halted
immediately. The constant movement of heavy
trucks poses a significant risk to the safety of
mentally ill patients and staff, with daily footfall
exceeding 400 individuals. These vehicles create
noise pollution, dust, and potential accident
hazards, which can exacerbate mental health
conditions and disrupt therapeutic environments.
Relocating these activities would prioritize
patient well-being and comply with health and
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safety regulations;
(x) The playground at BIMHAS needs to be
developed on a priority basis to include modern
amenities such as sports fields, exercise
equipment, and recreational spaces. A well-
maintained playground would be integrated into
rehabilitation programmes, encouraging outdoor
activities and contributing to a holistic treatment
approach;
(xi) A park needs to be established on the site of
the demolished old buildings within the BIMHAS
campus to enhance the campus’s aesthetic appeal,
support eco-therapy initiatives, and offer a
communal area for patients, staff, and visitors to
unwind;
(xii) The old TB (Tuberculosis) hospital
buildings on the BIMHAS campus need to be
demolished promptly, as they are likely outdated,
potentially hazardous, and occupying valuable
space that could be repurposed for modern
facilities;
(xiii) The boundary wall of the BIMHAS
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hospital campus needs to be repaired and
strengthened on a priority basis to ensure security
and prevent unauthorized access;
(xiv) Afforestation and greenery initiatives need
to be implemented across the entire BIMHAS
campus in collaboration with the Forest
Department. A greener campus would support
mental health through nature-based interventions,
reduce urban heat effects, and align with
environmental sustainability goals, ultimately
benefiting patients’ recovery and well-being.
5. Section 18, 19, 20, 21, and 27 of the Mental
Healthcare Act, 2017 (hereafter referred to as the ‘2017 Act’)
read as follows:-
Section 18 : Right to access mental healthcare.–
(1) Every person shall have a right to access mental
healthcare and treatment from mental health services run
or funded by the appropriate Government.
(2) The right to access mental healthcare and treatment
shall mean mental health services of affordable cost, of
good quality, available in sufficient quantity, accessible
geographically, without discrimination on the basis of
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social or political beliefs, class, disability or any other
basis and provided in a manner that is acceptable to
persons with mental illness and their families and care-
givers.
(3) The appropriate Government shall make sufficient
provision as may be necessary, for a range of services
required by persons with mental illness.
(4) Without prejudice to the generality of range of
services under sub-section (3), such services shall
include-
(a) provision of acute mental healthcare services
such as outpatient and inpatient services;
(b) provision of half-way homes, sheltered
accommodation, supported accommodation as may
be prescribed;
(c) provision for mental health services to support
family of person with mental illness or home based
rehabilitation;
(d) hospital and community based rehabilitation
establishments and services as may be prescribed;
(e) provision for child mental health services and
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old age mental health services.
(5) The appropriate Government shall,-
(a) integrate mental health services into general
healthcare services at all levels of healthcare
including primary, secondary and tertiary
healthcare and in all health programmes run by the
appropriate Government;
(b) provide treatment in a manner, which supports
persons with mental illness to live in the
community and with their families;
(c) ensure that the long term care in a mental health
establishment for treatment of mental illness shall
be used only in exceptional circumstances, for as
short a duration as possible, and only as a last
resort when appropriate community based
treatment has been tried and shown to have failed;
(d) ensure that no person with mental illness
(including children and older persons) shall be
required to travel long distances to access mental
health services and such services shall be available
close to a place where a person with mental illness
resides;
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(e) ensure that as a minimum, mental health
services run or funded by Government shall be
available in each district;
(f) ensure, if minimum mental health services
specified under sub-clause (e) of sub-section are
not available in the district where a person with
mental illness resides, that the person with mental
illness is entitled to access any other mental health
service in the district and the costs of treatment at
such establishments in that district will be borne by
the appropriate Government:
Provided that till such time the services under this sub-
section are made available in a health establishment run
or funded by the appropriate Government, the appropriate
Government shall make rules regarding reimbursement of
costs of treatment at such mental health establishment.
(6) The appropriate Government shall make available a
range of appropriate mental health services specified
under sub-section (4) of section 18 at all general hospitals
run or funded by such Government and basic and
emergency mental healthcare services shall be available
at all community health centres and upwards in the public
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(7) Persons with mental illness living below the poverty
line whether or not in possession of a below poverty line
card, or who are destitute or homeless shall be entitled to
mental health treatment and services free of any charge
and at no financial cost at all mental health
establishments run or funded by the appropriate
Government and at other mental health establishments
designated by it.
(8) The appropriate Government shall ensure that the
mental health services shall be of equal quality to other
general health services and no discrimination be made in
quality of services provided to persons with mental
illness.
(9) The minimum quality standards of mental health
services shall be as specified by regulations made by the
State Authority.
(10) Without prejudice to the generality of range of
services under sub-section (3) of section 18, the
appropriate Government shall notify Essential Drug List
and all medicines on the Essential Drug List shall be
made available free of cost to all persons with mental
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by the appropriate Government starting from Community
Health Centres and upwards in the public health system:
Provided that where the health professional of ayurveda, yoga,
unani, siddha, homoeopathy or naturopathy systems recognised
by the Central Government are available in any health
establishment, the essential medicines from any similar list
relating to the appropriate ayurveda, yoga, unani, siddha,
homoeopathy or naturopathy systems shall also be made
available free of cost to all persons with mental illness.
(11) The appropriate Government shall take measures to
ensure that necessary budgetary provisions in terms of
adequacy, priority, progress and equity are made for
effective implementation of the provisions of this section.
Explanation.–For the purposes of sub-section (11), the
expressions–
(i) “adequacy” means in terms of how much is
enough to offset inflation;
(ii) “priority” means in terms of compared to other
budget heads;
(iii) “equity” means in terms of fair allocation of
resources taking into account the health, social and
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economic burden of mental illness on individuals,
their families and care-givers;
(iv) “progress” means in terms of indicating an
improvement in the State’s response.
Section 19: Right to community living.–
(1) Every person with mental illness shall,–
(a) have a right to live in, be part of and not be
segregated from society; and
(b) not continue to remain in a mental health
establishment merely because he does not have a
family or is not accepted by his family or is
homeless or due to absence of community based
facilities.
(2) Where it is not possible for a mentally ill person to
live with his family or relatives, or where a mentally ill
person has been abandoned by his family or relatives, the
appropriate Government shall provide support as
appropriate including legal aid and to facilitate exercising
his right to family home and living in the family home.
(3) The appropriate Government shall, within a
reasonable period, provide for or support the
establishment of less restrictive community based
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establishments including half-way homes, group homes
and the like for persons who no longer require treatment
in more restrictive mental health establishments such as
long stay mental hospitals.
Section 20: Right to protection from cruel, inhuman
and degrading treatment.–
(1) Every person with mental illness shall have a right to
live with dignity.
(2) Every person with mental illness shall be protected
from cruel, inhuman or degrading treatment in any mental
health establishment and shall have the following rights,
namely:–
(a) to live in safe and hygienic environment;
(b) to have adequate sanitary conditions;
(c) to have reasonable facilities for leisure,
recreation, education and religious practices;
(d) to privacy;
(e) for proper clothing so as to protect such
person from exposure of his body to maintain his
dignity;
(f) to not be forced to undertake work in a mental
health establishment and to receive appropriate
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(g) to have adequate provision for preparing for
living in the community;
(h) to have adequate provision for wholesome
food, sanitation, space and access to articles of
personal hygiene, in particular, women’s personal
hygiene be adequately addressed by providing
access to items that may be required during
menstruation;
(i) to not be subject to compulsory tonsuring
(shaving of head hair);
(j) to wear own personal clothes if so wished and
to not be forced to wear uniforms provided by
the establishment; and
(k) to be protected from all forms of physical,
verbal, emotional and sexual abuse.
Section 21 : Right to equality and non-
discrimination.–
(1) Every person with mental illness shall be treated as
equal to persons with physical illness in the provision of
all healthcare which shall include the following,
namely:-
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(a) there shall be no discrimination on any basis
including gender, sex, sexual orientation, religion,
culture, caste, social or political beliefs, class or
disability;
(b) emergency facilities and emergency services for
mental illness shall be of the same quality and
availability as those provided to persons with
physical illness;
(c) persons with mental illness shall be entitled to
the use of ambulance services in the same manner,
extent and quality as provided to persons with
physical illness;
(d) living conditions in health establishments shall
be of the same manner, extent and quality as
provided to persons with physical illness; and
(e) any other health services provided to persons
with physical illness shall be provided in same
manner, extent and quality to persons with mental
illness.
(2) A child under the age of three years of a woman
receiving care, treatment or rehabilitation at a mental
health establishment shall ordinarily not be separated
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Provided that where the treating Psychiatrist, based
on his examination of the woman, and if appropriate, on
information provided by others, is of the opinion that
there is risk of harm to the child from the woman due to
her mental illness or it is in the interest and safety of the
child, the child shall be temporarily separated from the
woman during her stay at the mental health establishment:
Provided further that the woman shall continue to
have access to the child under such supervision of the
staff of the establishment or her family, as may be
appropriate, during the period of separation.
(3) The decision to separate the woman from her child
shall be reviewed every fifteen days during the woman’s
stay in the mental health establishment and separation
shall be terminated as soon as conditions which required
the separation no longer exist:
Provided that any separation permitted as per the
assessment of a mental health professional, if it exceeds
thirty days at a stretch, shall be required to be approved
by the respective Authority.
(4) Every insurer shall make provision for medical
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basis as is available for treatment of physical illness.
Section 27: Right to legal aid.–
(1) A person with mental illness shall be entitled to
receive free legal services to exercise any of his rights
given under this Act.
(2) It shall be the duty of magistrate, police officer,
person in charge of such custodial institution as may be
prescribed or medical officer or mental health
professional in charge of a mental health establishment
to inform the person with mental illness that he is
entitled to free legal services under the Legal Services
Authorities Act, 1987 (39 of 1987) or other relevant laws
or under any order of the court if so ordered and provide
the contact details of the availability of services.
The NALSA (Legal Service to Persons with
Mental Illness and Persons with Intellectual
Disabilities) Scheme, 2024 provides as follows.-
5.1 Specialised Legal Services Unit for
Persons with Mental Illness and Persons
with Intellectual Disabilities in every
District
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5.1.1 Legal Services Unit: Manonyay
5.1.1.1 The SLSA will setup a Legal Services Unit
for Persons with Mental Illness & Persons
with Intellectual Disabilities called
‘Manonyay’ (LSUM) in each District, to be
headed by the Secretary, DLSA.
5.1.1.2 The Secretary, DLSA with the approval of
the Chairman, DLSA shall depute at least six
panel lawyers and ten para legal volunteers
to be part of the LSUM.
5.1.1.3 The Chairman, DLSA shall also nominate
one retired judicial officer to be a part of
LSUM.
5.1.1.4 The Deputy Legal Aid Defence Counsel in
the District shall be a member of the LSUM.
5.1.1.5 The Secretary, DLSA with the approval of
the Chairman, DLSA shall depute one lawyer
and two para legal volunteers, from the
existing panels at the TLSC, who will be a
part of the LSUM.
5.3 Provision of Legal Services to persons
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with Mental Illness and Persons with
Intellectual Disabilities.
5.3.1 Legal Services at Mental Health Establishments
5.3.1.1 The Secretary, DLSA, on the directions of
the Chairman, DLSA. may establish a legal
services clinic, to be termed as the Mano
Nyay Legal Services Clinic, in MHEs,
where deemed appropriate.
6. In the case of Sukdeb Saha -Vs.- State of
Andhra Pradesh, reported in A.I.R. 2025 S.C. 3458,
the Hon’ble Supreme Court has held as follows:-
“31. Mental health is an integral component of
the right to life Under Article 21 of the
Constitution of India. This Court has, in a
consistent line of precedents, affirmed that the
right to life does not mean mere animal
existence, but a life of dignity, autonomy, and
well-being. Mental health is central to this
vision. In Shatrughan Chauhan v. Union of
India MANU/SC/0043/2014 : 2014:INSC:46 :
(2014) 3 SCC 1 and Navtej Singh Johar v.
Union of India MANU/SC/0947/2018 :
Patna High Court CWJC No.2805 of 2026(2) dt.18-02-2026
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recognised mental integrity, psychological
autonomy, and freedom from degrading
treatment as essential facets of human dignity
Under Article 21 of the Constitution of India.
Further, the Mental Healthcare Act, 201722, a
rights- based legislation, reinforces this
constitutional mandate by recognising every
person’s right to access mental healthcare and
protection from inhuman or degrading
treatment in mental health settings. Section 18
of the MH Act guarantees mental health
services to all, and Section 115 of the MH Act
explicitly decriminalises attempted suicide,
acknowledging the need for care and support
rather than punishment. These provisions read
with judicial precedents reflect a broader
constitutional vision that mandates a responsive
legal framework to prevent self-harm and
promote well-being, particularly among
vulnerable populations such as students and
youth.”
Patna High Court CWJC No.2805 of 2026(2) dt.18-02-2026
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7. In the case of Gaurav Kumar Bansal -Vs.-
Mr. Dinesh Kumar & Ors. (CONMT. PET. (C) No.
1653/2018 in W.P.(C) No. 412/2016), the Hon’ble
Supreme Court, by order dated 25.02.2019, has held as
follows:-
“7. For ensuring availability of rehabilitation
halfway homes in the districts:
(i) State Governments must either expand their
existing homes or construct new homes at their
own cost and provide facilities as per the
‘Rehabilitation Homes’ Guidelines approved by
the Supreme Court.
(ii) Another way out is for the States/UTs to
encourage NGOs in their States to set up
rehabilitation homes or even expand the
existing homes run by NGOs. The State
Government may provide financial assistance to
the NGOs towards this objective or seek the
assistance of the Central Government for the
same. The Central Government already has a
scheme to fund such NGOs on the
recommendation of State Government (Project
Patna High Court CWJC No.2805 of 2026(2) dt.18-02-2026
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give wide publicity to this Central scheme.
8. In certain States, some NGOs/community-
based organizations have been providing
remarkable services in the area of rehabilitation
of mentally ill persons. The State Governments
may involve them to supplement their own
efforts.
9. Assistance is required to be elicited from
police departments of various States, in order to
register FIRs and make efforts to trace the
families of de-institutionalized persons, and to
include the details of such persons in national
missing persons databases.
8. Issue notice to the (i) Principal Secretary, Health
Department; (ii) Secretary, State Mental Health Authority,
Bihar; (iii) Director, Bihar Institute of Mental Health and Allied
Sciences (BIMHAS); (iv) DG of Police, Bihar; (v) I.G. of
Prisons ; and (vi) Union of India.
9. The concerned authorities are to submit their
responses on the following aspect:
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i) Whether any Mental Health Review Board has been
constituted in accordance with Section 73 of the 2017
Act?
ii) If so, what are the functions being discharged by
such Board under section 82 of the 2017 Act?
iii) How Bihar Institute of Mental Health and Allied
Sciences (BIMHAS) is performing its duties and
carrying out its responsibilities relating to the
admission and treatment of persons with mental
illness? What provisions have been made by the
Hospital Authorities for supplying free food to the
patients and attendants, medicines and to maintain the
cleanliness and hygiene of the hospital and to create a
positive environment?
iv) DG of Police shall submit a report regarding the
duties performed by police officers of different police
stations of the State in respect of persons with mental
illness and their protection as envisaged under section
100 of 2017 Act, and also, I.G. of Prisons in respect of
the prisoners with mental illness as per section 103 of
2017 Act;
v) The Member Secretary, Bihar State Legal Service
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Authority (BSLSA) shall submit a report regarding the
legal aid facilities provided to the persons with mental
illness and particularly to those who are coming for
treatment to BIMHAS;
vi) The Principal Secretary, Health Department shall
submit a report regarding the steps taken by the
government for rehabilitation of the persons with
mental illness after their recovery and discharge from
the Hospital;
vii) Report shall also be submitted by the State
through a Responsible Officer regarding the steps
taken to address the issues highlighted in the report of
the Member Secretary, BSLSA.
10. Mr. P.K. Shahi, learned Advocate General
and Dr. K.N. Singh, learned Additional Solicitor General,
Government of India are present.
11. Ms. Anukriti Jaipuriyar and Mr. Raju Patel,
Advocates, are appointed as Amicus Curiae.
12. The Registry shall make the necessary
arrangements for the visit of the learned Amicus Curiae to
BIMHAS before the next date of hearing, who, in turn,
shall submit a report regarding the shortcomings and
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requirements noticed, if any, so also provide their
valuable suggestions to address the issues.
13. Let a copy of the report furnished by the
learned Member Secretary, BSLSA along with the order
passed today, be forwarded to the respective authorities
for submission of their responses. A copy shall also be
handed over to the learned Advocate General, the learned
Additional Solicitor General representing the Union of
India, and the learned Amicus Curiae.
14. List this matter on 16.03.2026 along with
C.W.J.C. No. 19702 of 2021.
15. On the next date, (i) the Principal Secretary,
Health Department; (ii) the Secretary, State Mental Health
Authority, Bihar; (iii) the Director, Bihar Institute of
Mental Health and Allied Sciences (BIMHAS); (iv) DG
of Police, Bihar; and (v) the I.G. of Prisons shall remain
present virtually.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U
