Patna High Court – Orders
Akanksha Malviya vs The Union Of India on 16 March, 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
======================================================
with
Civil Writ Jurisdiction Case No. 19702 of 2021
======================================================
Akanksha Malviya
... ... Petitioner/s
Versus
The Union of India & Ors.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 2805 of 2026)
For the Petitioner/s : Mr. Raju Patel, Amicus Curiae
Ms. Anukriti Jaipuriyar Amicus Curiae
For the Respondent/s : Mr. P.K.Shahi, Advocate General
For U.O.I. : Mr. D.R. K.N. Singh, Sr. Advocate, ASG
Mr. Kumar Priya Ranjan, Sr. Panel Counsel
Mr. Sandeep Kumar, Advocate
(In Civil Writ Jurisdiction Case No. 19702 of 2021)
For the Petitioner/s : Ms. Akanksha Malviya, In peson
For the Respondent/s : Mr. Dr. K. N. Singh ( Asg ), Sr. Advocate
Mr. Amish Kumar, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
03 16-03-2026
This Suo Motu Public Interest Litigation was
initiated pursuant to the report dated 17.02.2026 submitted by
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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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 as well as in Bihar State
Institute of Mental Health and Allied Sciences (BIMHAS),
Koelwar, Bhojpur.
2. After noting down the relevant parts of the report
and the relevant sections of the Mental Healthcare Act, 2017
(hereinafter referred to as “2017 Act”) so also the relevant
provisions of the NALSA (Legal Service to persons with
Mental Illness and Persons with Intellectual Disabilities)
Scheme, 2024, and the decision of the Hon’ble Supreme Court
in the case of Sukdeb Saha -Vrs.- State of Andhra Pradesh,
reported in A.I.R. 2025 S.C. 3458 and in Gaurav Kumar
Bansal -Vrs.- Mr. Dinesh Kumar & Ors. (CONMT. PET. (C)
No. 1653 of 2018 in W.P.(C) No. 412 of 2016) vide order dated
25.02.2019, we issued 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 and asked the concerned
authorities to submit their responses on the following aspects:-
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
3/54“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
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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Legal Service 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.
3. In pursuance of such order, counter affidavit has
been filed by the Additional Director, Health Services, Health
Department, Bihar, Patna on behalf of Secretary, Health
Department, Bihar, wherein it is stated as follows:-
“4. That the State Mental Health
Authority has been constituted vide
order number 277(11) dated
06/04/2022 under section 45 of the
Mental Healthcare Act, 2017 and Rule
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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3 of the Bihar Mental Healthcare
(State Mental Health Authority) Rules,
2023.
The last meeting of SMHA under the
chairpersonship of Health Secretary,
Bihar was conducted on 19/12/2025.
(Minutes of the meeting enclosed).
5. That the Mental Health Review
Board (MHRB) has been constituted
in all 9 divisions of Bihar under
section 73 of the Mental Healthcare
Act, 2017 and Rule 34(1) of the Bihar
Mental Healthcare (State Mental
Health Authority) Rules, 2023.
6. That the an order/letter has been
sent to all Superintendent and Civil
Surgeons to ensure that a dedicated
facilities or wards is established for
homeless (Lawaaris) individuals
suffering from mental illness in all
medical colleges and district hospitals
of the state.
7. That the IPD data & OPD data year
wise from 2022-2025 of BIMHAS,
Koelwar, Bhojpur is being enclosed
which shows a secular uptrend in the
treatment of mentally ill persons.
Furthermore, in the year
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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2019 ten female and seven male
formerly mentally ill persons after
their successful treatment were
repatriated to their home after tracing
their addresses.
In the year 2020 nine
female formerly mentally ill persons
after their successful treatment were
repatriated to their home after tracing
their addresses.
In the year 2021 four
female formerly mentally ill persons
after their successful treatment were
repatriated to their home after tracing
their addresses.
In the year 2022 six
female formerly mentally ill persons
after their successful treatment were
repatriated to their home after tracing
their addresses.
In the year 2023 eight
female and three male formerly
mentally ill persons after their
successful treatment were repatriated
to their home after tracing their
addresses.
In the year 2024 eleven
female and nine male formerly
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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mentally ill persons after their
successful treatment were repatriated
to their home after tracing their
addresses.
In the year 2025 fourteen
female and ten male formerly mentally
ill persons after their successful
treatment were repatriated to their
home after tracing their addresses.
In the year 2026 two
female and three male formerly
mentally ill persons after their
successful treatment were repatriated
to their home after tracing their
addresses.
8. That with regard to supply of food
to the patients and attendants and
maintenance of cleanliness and
hygiene at BIMHAS it is humbly
submitted that free food is being
supplied to the attendants and patients
in Bihar State Institute of Mental
Health and Allied Sciences and for
supply of free food and maintenance
of cleanliness and hygiene of the
hospital a memorandum of
understanding (MoU) has been signed
between Bihar Rural Livelihoods
Promotion Society and Bihar State
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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Institute of Mental Health and Allied
Sciences on 1st August, 2022 for five
years with condition that subject to
satisfactory performance the duration
of the MoU may be further extended
on mutually acceptable terms and
conditions.
9. That the State Government took a
decision vide Resolution contained in
Memo No. 1729(12) dated 08/12/2022
to ensure the free supply of medicines
to patients. In pursuance of the said
decision 144 types of medicines have
been included in the Essential Drug
List (EDL) for the Bihar State Institute
of Mental Health and Allied Sciences
(BIMHAS). These medicines are
supplied by the Bihar Medical
Services Infrastructure Corporation
Limited (BMSICL) as per the
demands raised by BIMHAS and are
provided to the patients free of cost as
per requirement.
10. That to create a positive
environment in BIMHAS Library
Room with magazines and newspapers
is available, facilities for indoor games
(Ludo, Carrom Board and Chess) and
outdoor games (Cricket, Foot-ball and
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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Badminton) are available, materials
for painting and drawing are
available.. Television has also been
provided.
11. That for performing its duties and
carrying out its responsibilities
relating to the admission and treatment
of persons with mental illness at
present six departments i.e. Psychiatry,
Clinical Psychology, Psychiatric
Social Work, Physiotherapy,
Occupational Therapy and Pathology
are working under which facilities of
EEG, ECT, Pathology, Psychological
Testing (IQ assessment, Psycho
Diagnostics Testing. Personality
assessment), Occupational Therapy.
Physiotherapy is available for
treatment of patients and a
rehabilitation unit has also been
established.
12. That at present number of
available beds for Male, Female and
Prisoners are 100, 60, and 20
respectively which would be enhanced
in near future.
13. That in the State of Bihar, the
National Mental Health Programme
under National Health Mission was
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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initiated in the year 2015. During the
initial phase, the District Mental
Health Program (DMHP) was
implemented in 11 districts, namely
Buxar, Aurangabad, East Champaran,
West Champaran, Gopalganj, Kaimur,
Rohtas, Muzaffarpur, Begusarai,
Banka and Jamui. At present, the
program has been expanded and is
operational in 25 districts of the State,
Vensuring wider accessibility of
mental health services.
14. That under the Mental Health
Program, during the last three
financial years, counselling treatment
has been provided to more than 99,000
individuals suffering from mental
health problems. The details of patient
services are as follows:-
PSYCHIATRIC PATIENT REPORT
Fin. New Follow-up OPD of
Year OPD 25 District
of 25 Hospitals
Distric
t
Hospit
als
2022- 14503 13612
23
2023- 15655 14449
24
2024- 20677 20219
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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Further, in the current
financial year 2025-26, up to
December 2025, a total of 23,494
persons suffering from mental health
issues have received counseling
treatment across 25 District Hospitals
of the state.
15. That under the District Mental
Health Program, OPD services and
counselling facilities are being
provided in district hospitals. In
addition, awareness programmes
regarding mental health disorders and
suicide prevention are regularly
conducted by district program teams
in schools, colleges, engineering
institutions and government
polytechnic institutes with the support
of the Departments of Education and
Social Welfare.
16. That further, under Tele-Manas
(Tele Mental Health Assistance and
Networking Across States) program in
Bihar, 3 Tele-Manas cells namely (1)
IGIMS, Patna, (2)BIMHAS Koilwar
and (3) JLNMCH Bhagalpur and one
mentoring institute IGIMS Patna have
been established.
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The objectives of the
Tele-MANAS program are as
follows:-
a. To provide accessible
and timely mental health services
through a tele-mental health support
system.
b. To ensure continuity of
mental health counselling and related
services at the community level.
c. To facilitate timely
referral for specialized care and ensure
access to advanced treatment when
required.
d. To strengthen mental
health care capacity and networking at
primary health care facilities and
higher-level institutions.
Since November 2022, a
total of 36,381 individuals suffering
from mental health issues have
received counselling through Tele-
MANAS calls in the State of Bihar.
17. That additionally, one year training
(two days onsite training on 10-11
April, 2026 at AIIMS Patna and online
remaining ! continued training) on
Diploma in Primary Care Psychiatry
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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by NIMHANS Bengaluru, of 15
general medical officers and 38 nurses
from districts is planned from 10th
April, 2026 onwards.
18. That the Road Construction
Department vide letter no. 135(11)
dated 20/02/2026, Mining and
Geology Department vide letter no.
131(11) dated 20/02/2026 and Youth
Employment and Skill Development
Department vide letter no 177 (11)
dated 09/03/2026 had been apprised
and sent a copy of the order of
C.W.J.C No.-2805/2026 of the Hon’ble
High Court dated 18-02-2026 and a
report has been sought.
19. That the BMSICL & Director
BIMHAS have been directed vide
letter No. 132 (11) dated 20-02-2026
to undertake construction of rest house
with sufficient capacity, repair of
boundary wall, develop a play ground
at BIMHAS and establish a park on
the site of demolished old buildings.
20. That the Social Welfare
Department vide letter No.-133 (11)
dated-20-02-2026 had been apprised
and sent a copy of the order of
C.W.J.C No.-2805/2026 of the Hon’ble
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High Court dated 18-02-2026 and a
report had been sought. Accordingly.
the department has sent a detail report
(report enclosed as annexure-I).
21.That the Forest Department vide
letter no. 136(11) dated 20/02/2026
had been apprised and sent a copy of
the order of C.W.J.C No.- 2805/2026
of the Hon’ble High Court dated 18-
02-2026 and a report had been sought.
The Department has reported that in
January and February 2026 500
saplings has been planted within the
campus. Further, the Department has a
plan for plantation under the
Miyawaki method under the scheme
head for BIMHAS campus. (Report
enclosed as annexure-J).”
4. The counter affidavit has been filed on behalf of
Additional Director General (ADG), Weaker Section, C.I.D.,
Bihar, Patna, wherein, it is stated as follows:-
“4. That it is humbly submitted that
report is being submitted in
compliance of the order dated-
07.11.2025 passed by the Division
Bench of Hon’ble Patna High Court,
whereby this Hon’ble Court was
pleased to pass the following order for
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
15/54compliance at the level of D.G.P.,
Bihar:
“DG of Police shall
submit a report regarding the duties
performed by police officers of
different envisaged under section 100
of 2017 Act.”
5. That, in compliance of the said
order of this Hon’ble Court, directions
were given to all District SSPs/SPs to
direct and sensitize all Police Stations
within their jurisdiction to comply
with the legal provisions of section
100 of chapter 13 of The Mental
Healthcare Act, 2017 with full
sensitivity and commitment and a
compliance report was also called for,
from them vide Letter No.09/Sr.
Citizen Cell dated 06.03.2026 of this
office.
6. That, it is further submitted that all
SSPs/SPs were asked to submit report,
if any action had been taken under
their jurisdiction vide Letter No. 10/Sr.
Citizen Cell dated 10.03.2026 of this
office.”
5. The D.G.P. of Police, Mr Vinay Kumar so also
the Additional Director General, Weaker Section, Mr. A.K. Jain
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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are present through virtual mode. Since we find that recently
after the order was passed by us on 18.02.2026, letters have
been issued under Annexure-A/1 to all the S.S.Ps/S.Ps to
sensitize all the police stations within their respective
jurisdiction to comply the legal provisions of Section 100 of the
Mental Health Care Act, 2017, we expect the Additional
Director General to collect information from all such District
S.S.Ps/S.Ps on a regular basis regarding the steps taken by each
of them in sensitizing the police station and the cases which are
found out seeking their concern and the steps taken by them in
terms of Section 100 of the Mental Health Care Act, 2017 for
the treatment as well as rehabilitation of persons suffering from
mental health issues.
6. The Additional Director General shall do the
needful to give a Toll Free Number by way of public notice at
important public places to raise public awareness through print
and electronic media and also through prominent digital
placement so that whosoever detects such a person who appears
to be, prima facie, suffering from mental health issues and
wandering on the streets can give information over such Toll
Free Number to the Authority concerned which is to be made
available 24×7 for providing emergency assistance and non-
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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emergency support and immediately on getting the information,
the concerned S.H.O./the police authorities shall be intimated by
the authority to facilitate them to take necessary steps in
accordance with Section 100 of the Mental Health Care Act,
2017.
7. Let an affidavit be filed by the next date
indicating the steps taken by the different authorities in
pursuance of the letter dated 06.03.2026 issued under Annexure-
A/1, bringing on record the numbers of the cases detected, the
public awareness notices issued in different areas with Toll Free
numbers, the steps taken for providing treatment/rehabilitation
to such persons having mental health issues in detail.
8. Mr. Pranav Kumar, the I.G. of Prisons appeared
through virtual mode and stated that in terms of the order dated
18.02.2026 and in accordance with the provision under Section
103 of the Mental Health Care Act, 2017, some steps have
already been taken and some are likely to be taken up at an
earliest and he seeks further time to file his response in detail.
In view of such submissions, it is directed that the
affidavit/response shall be filed well in advance giving copies to
the learned Amicus Curiae.
9. In the order dated 18.02.2026, we also sought for
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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response from the Bihar Institute of Mental Health and Allied
Sciences as to how their institution is performing its duties and
carrying out its responsibilities relating to the admission and
treatment of persons suffering with mental illness and what
provisions have been made by the hospital authorities for
supplying free food to the patients, attendants, medicines and to
maintain cleanliness and hygiene of the hospital and to create a
positive environment.
In terms of such order, an affidavit has been filed
by Dr. Jayesh Ranjan, Director, BIMHAS, Koilwar, who is also
present virtually with the Health Secretary, in which, it is stated
as follows:-
“6. That the decision was taken in the
fourth meeting of Managing
Committee of Bihar State Institute of
Mental Health and Allied Sciences
held on 12-04-2012 to supply food to
the patients and attendants.
7. That with regard to supply of food
to the patients and attendants and
maintenance of cleanliness and
hygiene of the hospital it is humbly
submitted that free food is being
supplied to the attendants and patients
in Bihar State Institute of Mental
Health and Allied Sciences and for
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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of cleanliness and hygiene of the
hospital a memorandum of
understanding has been signed
between Bihar Rural Livelihoods
Promotion Society and Bihar State
Institute of Mental Health and Allied
Sciences on 1st August, 2022 for five
years with condition that subject to
satisfactory performance the duration
of the MOU may be further extended
on mutually acceptable terms and
conditions.
8. That Rs.182.325/- per day per
patient is being paid for supply 8. of
free food with effect from 01-10-2025
and to this effect an order has been
issued by the Director, Bihar State
Institute of Mental Health and Allied
Sciences vide Memo No. 704 dated.
31-12-2025.
9. That the State Government took a
decision vide Resolution contained in
Memo No. 1729(12) dated 08-12-2022
to insure free supply of medicines to
patients and accordingly 144 types of
medicines are being supplied to the
Bihar State Institute of Mental Health
and Allied Sciences which are being
given to the patients free of cost as per
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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10. That to create a positive
environment a Library Room with
magazines and newspapers is
available, facilities for indoor games
(Ludo, Carrom Board and Chess) and
outdoor games (Cricket, Foot-ball and
Badminton) are available, materials
for painting and drawing are available
Television has also been provided.
11. That for performing its duties and
carrying out its responsibilities
relating to the admission and treatment
of persons with mental illness at
present six departments i.e. Psychiatry,
Clinical Psychology, Psychiatric
Social Work, Physiotherapy,
Occupational Therapy and Pathology
are working under which facilities of
EEG, ECT, Pathology, Psychological
Testing (IQ assessment, Psycho
Diagnostics Testing, Personality
assessment), Occupation Therapy,
Physiotherapy are available for
treatment of patients and a
rehabilitation unit has also been
established.
12. That after treatment the address of
unknown patients are searched and
they are sent to their home and those
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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be found they have been rehabilitated
and sent to Half Way Homes. The
details of patients sent to their home
and rehabilitated patients are being
brought to the notice of the Hon’ble
Court for kind consideration.
13. That one Legal Aid Clinic has also
been established in Bihar State
Institute of Mental Health and Allied
Sciences to provide free legal aid and
consultations to needy patients.
14. That at present number of
available beds for Male, Female and
Prisoners are 100, 60 and 20
respectively which would be enhanced
in near future.
15. That it is humbly submitted that
due to proper treatment and healthy
environment the number of patients
are gradually increasing which would
be evident from the annual report of
2025 of OPD and IPD patients who
got treatment in previous years.”
10. After going through the response filed by the
State, though it appears that the persons after being cured from
mental ailment are sent to half-way homes whose families are
not coming out to receive them and they were provided with
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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vocational training in the half-way homes, but it is not clear as
to what sorts of vocational trainings are being imparted to them
and what is the outcome of such training. If such persons are
being trained in a particular skill, then the government should
make necessary arrangement in providing them work and
finance also so that they can make themselves self-sufficient
reducing their dependency on others which would enable them
to return to mainstream of the society.
Learned Amicus Curiae has pointed that there are
only two half-way homes in the State of Bihar i.e. at Gayajee
and Patna, where the vocational trainings are being imparted.
On the next date, the State shall submit a report
disclosing the details of the vocational training imparted to the
persons who were getting cured from the mental ailment and
being lodged in such half-way homes and the finance and the
work provided to them to make them self-sufficient and also for
opening up such half-way homes in other parts of the State.
11. The learned Amicus Curiae, Mr. Raju Patel and
Ms. Anukriti Jaipuriyar have filed their reports. Both the learned
Amicus Curiae submitted that as per the order dated 18.02.2026,
they visited the BIMHAS and accordingly they have given their
suggestions in their reports, wherein, it is stated about ‘what are
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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the duties of BIMHAS’ which are as follows:-
“BIMHAS must strictly enforce the
statutory provisions of Mental
Healthcare Act, 2017 to safeguard the
patient autonomy, dignity, and human
rights across all stages of care. This
legal compliance guarantees informed
consent, prevents abusive practices,
and ensures independent judicial
oversight via MHRBs. The primary
provisions include:
Section 85 (Independent
Admission): Mandates that any adult
capable of making mental healthcare
decisions has the right to request
independent admission to a mental
health establishment, and the medical
officer must admit them if the severity
of the illness warrants it.
Section 86 (Independent
Treatment): Ensures independently
admitted patients are not subjected to
treatment without their informed
consent, and they retain the right to
direct their care.
Section 87 (Admission of Minors):
Dictates that a minor can only be
admitted under the request of their
nominated representative (guardian)
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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conduct regular reviews of the minor’s
condition to ensure continued
hospitalization is absolutely necessary.
Section 88 (Discharge of
Independent Patients): Establishes
the absolute right of an independently
admitted patient to be discharged
immediately upon their request.
Section 89 (Supported Admission up
to 30 Days): Governs involuntary
admissions for patients with “high
support needs” who are incapable of
making treatment decisions. It
mandates that such admission must be
justified by two medical
practitioners/psychiatrists and is
strictly limited to a maximum of 30
days to prevent prolonged illegal
detention.
Section 90 (Supported Admission
Beyond 30 Days): Mandates that if a
patient requires supported admission
beyond the initial 30 days, the medical
officer must explicitly apply to the
Mental Health Review Board (MHRB)
for an extension, ensuring judicial
oversight for long-term
institutionalization.
Section 91 (Leave of Absence):
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
25/54Allows a medical officer to grant a
patient a temporary leave of absence
to reside in the community, subject to
specific conditions, to facilitate social
reintegration.
Section 92 (Absence without Leave):
Lays down the protocol for involving
the police to safely return a patient
who has absconded from the facility,
ensuring their safety without
criminalizing their absence.
Section 93 (Transfer of Patients):
Strictly regulates the transfer of
patients between different mental
health establishments, requiring the
consent of the patient or their
nominated representative.
Section 94 (Emergency Treatment):
Authorizes medical officers to provide
emergency treatment without consent
only for a maximum of 72 hours, and
solely to prevent imminent death or
irreversible harm..
Section 95 (Prohibited Procedures):
Explicitly outlaws cruel and degrading
medical practices. It completely
prohibits chaining patients, performing
Electro-Convulsive Therapy (ECT)
without muscle relaxants and
anaesthesia, and absolutely forbids the
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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MHRB permission.
Section 96 (Restriction on Psychosurgery): Mandates that
psychosurgery can only be performed
with the patient’s informed consent
and the explicit approval of the
MHRB, preventing forced invasive
brain surgeries.
Section 97 (Restraints and
Seclusion): Strictly regulates physical
restraints, dictating that they must
never be used as a form of punishment
or substitute for staff shortages.
Restraints are only permitted to
prevent imminent harm, must be
authorized by a psychiatrist, and must
be reported to the nominated
representative within 24 hours.
Section 98 (Discharge of Supported
Patients): Outlines the duty of the
medical officer to discharge a patient
under supported admission the
moment they regain the capacity to
make independent mental healthcare
decisions.”
12. The learned Amicus Curiae in their report have
also pointed out the areas of concern to be looked into by the
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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State as well as the BIMHAS, which are as follows:-
Areas of Concern
6.1 State
6.1.1. Non-Compliance of holding
periodic meetings within 6 months
of Mental Health Review Boards
(MHRBs)- Firstly, The State has for
the first time, in 2019 constituted the
MHRB But, instead of holding
statutory periodic meetings every six
months, which is a statutory
requirement, it has met once in 3 years
of constitution.
6.1.2. Failure to Establish a
Functional State Mental Health
Authority (SMHA)- As per the tenet
of the provisions, Despite the Mental
Healthcare Act (MHA) passing in
2017, the State exhibited inordinate
delays, only appointing a CEO in 2019
and erroneously nominating non-
statutory “ex-officio” members instead
of required non-official members. The
State’s initial attempts to constitute the
State Mental Health Authority relied
entirely on nominating government
“ex-officio” members, bypassing the
strict statutory mandate to include
independent, non-official domain
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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experts and civil society
representatives.
6.1.3. Failure to Establish Half-Way
Homes- In direct violation of Section
19(3) of the MHA and global
directives for community-based care,
the State has not funded or established
less restrictive accommodations like
supported living, group homes, or
sheltered shelters for patients
abandoned by their families.
6.1.4. Failure to Publish a Mental
Health Establishment Register- The
State has not published an accessible
online register of all mental health
establishments in accordance with
Section 55 of the MHA, severely
hindering transparency and public
access to care.
6.1.5. Non-Compliance of Section
29, MHA,2017 (Public Health
Programs)- Authorities have failed to
provide the necessary plans, designs,
or implementation strategies for
preventive public mental healthcare
programs and anti-stigma campaigns,
which shows lack of will.
6.1.6. Inadequate Inter
Departmental Rehabilitation- The
State also in violation of section 32 of
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the Act, lacks synchronized policies
between health, education, and social
welfare departments to ensure access
to supported employment, education,
and social security benefits for persons
with psychosocial disabilities, which
is vital for a holistic recovery
approach. Once, the patients are
treated and transferred to their home
districts, the District Health Volunteer
should step in monitor the periodic
reviews. Besides, the social security
department should take over the plans
and schemes for re-integration of the
treated patients with their family and
for providing employment
opportunities as well periodic reviews
and monitoring.
6.1.7. Lack of adequate Mental
Health Support in State Schools-
Zero percent of primary and secondary
schools run by the state government
employ a part-time or full-time mental
health professional. This misses a
critical opportunity for early
intervention and mental health
promotion among adolescents, who
form a major percentage of the state’s
population.
6.1.8. High Out-of-Pocket
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Medication Costs- Even though all
the medications are distributed free of
cost in the BIMHAS facility, however,
psychotropic drugs are largely
unavailable at primary and secondary
health centres, financial accessibility
is a major barrier.
6.1.9. Failure to Reintegrate
Unclaimed Patients- Police
frequently drop off lawaris
(unclaimed) patients at mental health
facilities but refuse responsibility for
their safe return, even when patients
later recall their home addresses. This
underscores an urgent need to sensitize
law enforcement regarding their legal
duties under the Mental Healthcare
Act.
6.2. BIHAR STATE INSTITUTE
OF MENTAL HEALTH AND
ALLIED SCIENCES KOELWAR,
BHOJPUR
6.2.1. Operational Delay of the De-
addiction Centre- Although the
physical construction of a dedicated
De-addiction Centre within the
BIMHAS campus is fully complete, it
remains non-operational.
Administrative lethargy has delayed
its official handover to the hospital
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administration, depriving patients with
substance abuse disorders of
immediate and specialized care.
6.2.2. Traffic & Environmental
Congestion- An active sand mining
site (Balu Ghat) located approximately
3.5 km from the institution
significantly disrupts the therapeutic
environment of the facility as well as
faces accessibility issue due to load of
heavy traffic by trucks plying round
the clock on the approach road of the
hospital. The continuous movement of
heavy trucks, along with associated
noise and dust pollution, adversely
affects the surroundings of the
institution. This disturbance is not
confined to the premises alone but also
impacts the approach road leading to
the facility, which is frequently used
by patients and staff. As the same
route is extensively used by trucks
transporting sand, the safety of
patients is compromised and the
likelihood of accidents involving
patients increases considerably.
Hence, a diversion route for plying of
trucks should be devised to ensure safe
access to the Hospital and the patients
which have a daily average footfall of
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more than 300-400 mentally ill-
patients.
6.2.3. Half-Way Homes (MI Home)-
The Mental Illness Cured Home (MI
Home) is severely restricted to a
capacity of just 50 male and 50 female
beds. This bottleneck prevents the
timely discharge and social
rehabilitation of cured patients,
leading to blocked hospital beds. Half
way homes presently exist in only two
district, it should increase to cater the
needs of patients of all districts of
Bihar.
6.2.4. Missing Specialized Legal
Units- Although general legal aid
services are currently being provided,
the specialized “Mano Nyay Legal
Services Clinic, mandated under the
NALSA Scheme, 2024, has not yet
been formally established at the
institution. The non-establishment of
this dedicated clinic represents a
significant gap in the implementation
of the scheme, which specifically
envisages structured legal aid, rights
protection, and focused legal support
for persons with mental illness and
intellectual disabilities.
6.2.5. Statutory Void- The most
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critical challenge is the failure to
constitute the Mental Health Review
Board (MHRB), stripping patients of
their right to challenge involuntary
admissions and report grievances.
6.2.6. Open Manholes and Campus
Safety Hazards- The presence of
open manholes across the hospital
campus poses a severe and immediate
physical hazard, particularly for
psychiatric patients suffering from
impaired spatial awareness or those
under heavy sedation. To prevent fatal
accidents, the executing agency
(BMSICL/PWD) must be directed to
immediately secure all open 33 shafts
with heavy-duty, tamper-proof covers
and conduct a rigorous, campus-wide
safety audit.
6.2.7. Dampness and Seepage in
multiple rooms- Severe dampness,
peeling paint, and water seepage in the
wards actively violate the statutory
mandate for safe and hygienic living
conditions under the Mental
Healthcare Act. The hospital
administration must urgently initiate
structural waterproofing, repair
internal plumbing leakages, and
improve ward ventilation to prevent
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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the proliferation of Mold and
subsequent respiratory infections
among the inmates.
6.2.8. Absence of an Intensive Care
Unit (ICU)- The complete absence of
an in-house Intensive Care Unit forces
the administration to refer and
transport acute medical emergencies to
the nearby Sadar Hospital, resulting in
a critical loss of resuscitation time.
The Health Department must urgently
sanction and establish a dedicated 5-
bed emergency ICU within the
BIMHAS campus, fully equipped with
life-support ventilators and crash carts,
to manage severe drug reactions, self-
harm trauma, or acute comorbidities.
6.2.9. Unavailability of a Dedicated
Anaesthetist- The facility currently
lacks a full-time, dedicated
anaesthetist, which severely
bottlenecks the administration of
Modified Electro-Convulsive Therapy
(ECT)-a procedure strictly mandated
by law to be performed only under
muscle relaxants and anaesthesia. The
State Health Society must immediately
depute a permanent anaesthetist to the
institute to ensure these crucial
psychiatric interventions are
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conducted safely, legally, and without
clinical delay.
6.2.10. Deficient Afforestation and
Eco-Therapy Measures- Despite the
vast campus area, there is a glaring
lack of afforestation measures by the
Department of Environment, Forest,
and Climate Change, leaving the
grounds barren and unsuitable for
restorative care. A coordinated, large-
scale plantation drive must be legally
mandated to create a dense,
therapeutic green belt that not only
facilitates eco-therapy for the patients
but also acts as a crucial natural sound
barrier against the adjacent sand
mining operations.
6.2.11. Lack of Community
Outreach and Skill Training
Programs- The absence of structured
community outreach and vocational
skill training programs severely
paralyzes the social reintegration of
recovered patients, directly
contributing to prolonged, unnecessary
institutionalization. The State Mental
Health Authority must formally
collaborate with the Skill
Development Mission to integrate
targeted vocational workshops within
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the facility and launch robust, district-
level awareness campaigns to
destigmatize mental illness and foster
community acceptance.
6.2.12. Absence of Community-
Based Transition Care- Operating
predominantly on an outdated
institutionalization model, the facility
lacks the integrated community
outreach, continuous peer-support
networks, employment/living”
transition mechanisms that are
explicitly mandated by modern
recovery-oriented human rights
standards. and “supported
6.2.13. High Occupancy Rates and
Extended Stays- BIMHAS operates
under immense pressure, reporting
occupancy rates of 89% in 2017 and
93% in 2018. The average length of
stay is exceptionally high at 104 days
per discharge, reflecting the burden of
severe cases and the lack of alternative
community discharge options.
6.2.14. Lack of Dedicated
Transportation Facilities- The
absence of a dedicated government
bus service connecting the capital city
to the facility in Koelwar, Bhojpur,
significantly exacerbates distance as a
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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severe lack of direct public
connectivity forces vulnerable patients
and their caregivers to rely on
fragmented and often expensive travel
arrangements to reach the state’s
principal mental health institution.
The concerned authorities shall file their responses
by the next date regarding steps taken to deal with and resolve
the areas of concern as have been pointed out in the report of the
learned Amicus Curiae.
13. The Member Secretary, State of Bihar, Legal
Services Authorities is present and though as per the order dated
18.02.2026, he was supposed to 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, but he seeks some more time to submit such report.
Let such report be filed within two weeks with the
advance copy to the learned counsel for the State as well as the
learned Amicus Curiae.
The Member Secretary, State of Bihar, Legal
Services Authorities shall submit his response to the Clause
6.2.4 of the report of learned Amicus Curiae which deals with
lack of specialized legal units and the legal aid provided from
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
38/54January 2025 to February 2026 as per the graph shown at page
no. 19 of the such report of Amicus Curiae.
14. The report of the Amicus Curiae also contains
suggestions and recommendations to facilitate the improvement
of the BIMHAS so that it caters to the needs of the mentally
ill/challenged persons. The suggestions and recommendations
are quoted hereinbelow:-
SUGGESTIONS & RECOMMENDATIONS
“To cure the systemic administrative
delays and strictly enforce the
mandates of the Mental Healthcare
Act, 2017 (MHA) and the NALSA
Scheme 2024, the following
actionable directives are
recommended:”
1. Mandatory Periodic Meetings of
the Mental Health Review Boards
(MHRBs): While the Mental Health
Review Boards (MHRBs) have been
formally constituted under Section 73
of the MHA, they are failing to
convene and function regularly. The
SMHA and the Health Department are
should be directed to enforce strict
compliance ensuring that all
designated MHRBs conduct
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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mandatory review meetings at least
once every six months. Regular
convening is absolutely essential to
actively review supported
(involuntary) admissions, adjudicate
patient grievances, and prevent illegal,
prolonged institutionalization.
2. SMHA Fund and Quality Audits:
The Chief Executive Officer of the
SMHA must immediately activate the
‘SMHA Fund’ (Section 62, MHA) to
financially empower the regulatory
body and initiate structural and quality
audits of all mental health
establishments to enforce minimum
care standards under Section 65.
3. Decentralization via District
Mental Health Programmes
(DMHP): The Health Department
must conduct a comprehensive
performance and financial audit of
DMHPs across all 38 districts to
intercept acute psychiatric cases
locally, relieving the unsustainable
burden on BIMHAS and fulfilling the
statutory guarantee of geographically
accessible care under Sections 18(5)
and 33 of the MHA.
4. Capacity Expansion of Mental
Illness Cured Home (MI Home):
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
40/54The Social Welfare Department must
submit a time-bound blueprint to
dynamically expand the capacity of
the MI Home beyond its current 100-
bed restriction to prevent the
institutionalization of recovered
patients and protect their right to
indefinite community living under
Sections 18(4) and 19 of the MHA
5. Establishment of a Second
Institute of Eminence’: The Health
Department must formulate an
administrative blueprint for a second
tertiary psychiatric institute in Bihar,
as it is mathematically and clinically
impossible for BIMHAS alone to
maintain the strict minimum standards
required for statutory registration
under Section 65 of the MHA given its
current footfall.
6. Designation of the ‘Mano Nyay’
Legal Services Clinic: The BSLSA
and DLSA, Bhojpur, must formally
upgrade the existing legal aid clinic at
BIMHAS to a designated ‘Mano Nyay
Legal Services Clinic’ to comply with
Para 5.3.1.1 of the NALSA Scheme,
2024, ensuring the right to free legal
services under Section 27 of the
MHA.
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7. Diversion of traffic of heavy load
Vehicles(like trucks) from the
hospital approach road : The District
Magistrate and Superintendent of
Police, Bhojpur, in strict coordination
with the Mines Department, must
permanently halt sand mining
operations and heavy truck movement
at the Balu Ghat adjacent to BIMHAS
to protect the therapeutic environment
and the patients’ right to dignified care
under Article 21 of the Constitution
and Section 20 of the MHA. The truck
movements causing severe noise and
dust should be redirected to an
alternate route that already exists.
8. Execution of Pending
Infrastructure: BMSICL and the
PWD must establish and adhere to
strict, court-monitored timelines for
completing the 140-bed hospital
expansion, the attendants’ rest house,
boundary wall reinforcements, and the
demolition of old structures to fulfill
the State’s duty to provide adequate
mental healthcare facilities under
Section 18 of the MHA.
9. Establishment of ICUs: The
Health Department must urgently
sanction and establish a dedicated 5-
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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bed emergency ICU within the
BIMHAS campus, fully equipped with
life-support ventilators and crash carts,
to manage severe drug reactions, self-
harm trauma, or acute comorbidities.
10. Integration of Digital Psychiatric
Helplines: The Health Department
must formally integrate the existing
‘104 State Helpline’ and ‘e-Sanjeevani
OPD’ infrastructure with the national
Tele-MANAS (14416) framework to
provide 24/7 remote psychiatric
consultation, thereby decentralizing
access and mitigating the severe
physical OPD burden on BIMHAS.
11. Deployment of Frontline
Workers for Grassroots
Identification: The State must
actively deploy its previously trained
workforce of 93,803 ASHAs and
ANMs to proactively identify
homeless (Lawaaris) and wandering
mentally ill individuals at the
Panchayat level, ensuring their
immediate rescue and clinical
intervention in strict compliance with
the statutory duties under Section 100
of the MHА.
12. Establishment of Psychiatric
Wings in Prisons: The Inspector
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General of Prisons must immediately
commence the establishment of
dedicated psychiatric wards within
central and district jails. Relying
solely on the 20-bed prisoner ward at
BIMHAS is unsustainable and violates
the mandate of Section 103 of the
MHA, which requires medical wings
in prisons for inmates with mental
illness. Additionally, The Inspector
General of Prisons must also institute
a mandatory digital video-consultation
linkage between the medical officers
of all district jails and the expert
psychiatric panel at BIMHAS. This
ensures immediate, remote psychiatric
assessments for inmates exhibiting
distress, satisfying the custodial
healthcare duties under Section 103 of
the MHA without requiring physical
transport of the prisoner.
13. Urgent Recruitment of
Specialized Mental Health
Professionals: The Health Department
must initiate a special, time-bound
recruitment drive exclusively for
Clinical Psychologists, Psychiatric
Social Workers, and Mental Health
Nurses to correct the severe clinical
disparity of having merely 11
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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psychiatrists to manage over 100,000
annual patients at BIMHAS, fulfilling
the capacity building mandate of
Section 31 of the MHА.
14. Facilitation of Advance
Directives upon Admission: The
Director of BIMHAS must ensure that
the institutional admission protocol
mandates the medical and legal aid
staff to actively counsel and assist
every capable patient in drafting an
‘Advance Directive’ regarding their
treatment preferences, ensuring strict
compliance with the patient autonomy
rights guaranteed under Section 5 of
the MHA.
15. Enforcement of Section 115
(Rehabilitation post-Suicide
Attempt): The Health Department
must formulate a binding protocol to
ensure that individuals brought to
district hospitals following a suicide
attempt receive immediate psychiatric
care, counseling, and legal shielding
from police harassment, enforcing the
decriminalization and rehabilitation
mandates of Section 115 of the MHA.
16. Sensitization and Duty of Police
Officers (Section 100): The Director
General of Police must mandate
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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periodic sensitization training for all
Station House Officers (SHOs) to
strictly comply with Section 100 of the
MHA, ensuring that wandering
persons with mental illness are safely
transported to the nearest public health
facility rather than being subjected to
unlawful detention in police lock-ups.
17. Publication of SMHA Annual
Reports (Section 64): The SMHA
must immediately publish its pending
Annual Reports detailing all
regulatory activities and facility
audits, and the State Government must
lay these reports before the State
Legislature to ensure absolute
transparency and legislative oversight
as strictly required under Section 64 of
the MHA.
18. Integration of Psychiatric Wards
in District Sadar Hospitals: The
Health Department must mandate the
establishment of dedicated psychiatric
inpatient wards within all District
Sadar Hospitals to fulfill the Section
33 mandate of integrating mental
healthcare into general healthcare,
thereby terminating the unsustainable
practice of funneling all acute cases
exclusively to BIMHAS.
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19. Statutory Public Awareness
Campaigns (Section 30): The State
Government must launch continuous,
state-wide multimedia campaigns in
regional dialects to destigmatize
mental illness and widely broadcast
the rights of patients and the
availability of free legal aid, fulfilling
the explicit awareness-generation
mandate under Section 30 of the
MHA.
20. Unhindered Access to Free
Essential Medicines (Section 18):
BMSICL must endure timely-supply
and guarantee of an uninterrupted
inventory of all psychiatric drugs
listed on the Essential Drug List to
BIMHAS and district pharmacies,
ensuring strict compliance with
Section 18(10) of the MHA which
guarantees free medication to all
persons with mental illness.
21. Issuance of Disability
Certificates (UDID) for Severe
Cases: The Social Welfare
Department, in coordination with
BIMHAS, must establish a fast-track
medical board to issue Unique
Disability ID (UDID) cards for
patients suffering from chronic,
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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treatment-resistant mental illness or
intellectual disabilities, ensuring they
receive thell financial and welfare
benefits guaranteed under the Rights
of Persons with Disabilities (RPwD)
Act, 2016.
22. Protection of Maternal Rights in
Custody (Section 21): The hospital
administration, supported by the
Women and Child Development
Corporation (WCDC), Bihar, must
ensure the creation of child-friendly
enclosures within the female wards to
uphold Section 21 of the MHA,
strictly ensuring that female patients
are not separated from their children
under three years of age and that such
children receive mandated pediatric
and nutritional care.
23. Vocational Training for Social
Reintegration: The Bihar Skill
Development Mission (BSDM) /
Social Welfare Department can be
directed to introduce targeted, certified
vocational and skill-development
programs within the Mental Illness
Cured Home (MI Home). Merely
housing recovered patients is
insufficient; the State must actively
facilitate their economic independence
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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and social reintegration to prevent
lifelong institutional dependency.
24. Patient Data Privacy and Media
Restriction (Sections 23 & 24): The
Director of BIMHAS and the local
police must enforce a strict zero-
tolerance policy against the
unauthorized entry of media personnel
into the wards. The administration
must ensure strict compliance with
Sections 23 and 24 of the MHA,
prosecuting any individual or
publication that releases patient
photographs or clinical information
without explicit, informed consent.
25. Legal Aid for Property and Civil
Rights: The DLSA, Bhojpur, must
mandate its Panel Lawyers at the
BIMHAS legal clinic to actively
identify and litigate cases where a
patient’s external civil rights such as
property usurpation by relatives or
matrimonial ☑ abandonment-are
violated while they are
institutionalized, ensuring holistic
legal protection beyond mere
admission issues.
26. Quality Control of Outsourced
Support Services: The Health
Department must conduct a bi-annual
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quality control audit of the
Memorandum of Understanding
(MoU) with JEEVIKA. The
State/must guarantee that the
outsourced food, hygiene, and laundry
services strictly meet clinical and
nutritional standards, and that the
contractual workers handling these
tasks receive appropriate hazard
training for psychiatric environments.
27. Expansion of Supported
Community Accommodation
(Sections 18 & 19): The Social
Welfare Department must formulate
and fund schemes for ‘Supported
Group Accommodations’ and
‘Sheltered Homes’ within local
communities. This is necessary for
recovered patients who have been
permanently abandoned by their
families but no longer require the
intensive clinical supervision of the
MI Home or BIMHAS, upholding
their right to live in society under
Section 19 of the MHA.
28. Dedicated Public Transport
Connectivity: The Transport
Department must immediately
introduce a dedicated, regular bus
service directly connecting the
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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BIMHAS campus to the capital city of
Patna and the nearest major railway
stations. This is crucial to fulfill the
geographical accessibility mandate of
Section 18(5) of the MHA, ensuring
patients and their attendants can safely
commute without facing exorbitant
private transport costs.
29. Action Against Familial
Abandonment of Discharged
Patients: The State must formulate a
strict protocol invoking police
assistance to trace and counsel capable
families who deliberately refuse to
take back patients deemed clinically
fit for discharge. Enforcing familial
responsibility prevents the unlawful
“dumping” of relatives, which
artificially blocks acute admission
beds and violates the discharge
protocols under Section 98 of the
MHA.
30. Exemption from Physical Court
Appearances: The State must issue
advisories to all trial courts to utilize
video-conferencing or appoint Court
Commissioners to record statements or
testimonies of severely mentally ill
patients residing at BIMHAS. This
protects patients from the severe
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trauma and relapse risks associated
with physical court appearances in
civil or criminal matters, fulfilling the
reasonable accommodation mandate
under Section 12 of the RPwD Act,
2016.
31. Mental Health Integration in
Educational Institutions (Section
29): The Education Department must
mandate the appointment of trained
student counselors in all state-run
secondary and higher secondary
schools. Furthermore, mental health
awareness and stress management
must be integrated into the educational
curriculum to promote early
intervention and prevent adolescent
suicides, executing the preventive
health mandate of Section 29 of the
MHA.
The concerned authorities shall go through the
feasibility of the valuable suggestions and recommendations
given in the report of the learned Amicus Curiae and file their
responses as to how those can be implemented.
15. Ms. Akansha Malviya, the petitioner appearing
in person in the connected matter i.e. CWJC No.19702 of 2021
has pointed out Rule 10 and 11 of Mental Healthcare (Rights
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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of Persons with Mental Illness) Rules, 2018 which reads as
follows:
“10. Method, modalities and
procedure for transfer of prisoners
with mental illness.- Transfer of a
prisoner with mental illness to the
psychiatric ward of the medical wing
of the prison or to a mental health
establishment set up under sub-section
(6) of section 103 or to any other
mental health establishments within or
outside the State shall be in
accordance with the instructions
issued by the Central Government or
State Government, as the case may be.
11. Standards and procedures of
mental health services in prison.-
The mental health establishment
referred to in sub-section (7) of section
103 shall conform to the minimum
standards and procedures as specified
in Schedule.”
16. The I.G. of Prisons submits that he will verify
the prescribed modalities and procedures as per Rule 10 and 11
of the Mental Healthcare (Rights of Persons with Mental
Illness) Rules, 2018 and submit his response about its
Patna High Court CWJC No.2805 of 2026(03) dt.16-03-2026
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compliance.
17. Ms. Akansha Malviya, has also highlighted
section 123, which empowers the State Authority to make
regulation under Mental Healthcare Act, 2017.
Let the learned counsel for the State apprise this
Court on the next date whether any such regulations have been
made and, if so, then the copy of the regulations shall be
annexed to the response.
18. The Union of India through its Secretary,
Ministry of Health and Family Welfare, Government of India,
New Delhi, shall file the response in terms of the previous order
dated 18.02.2026 and also today’s order.
19. List these matters on 20.04.2026.
20. 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.
21. The sincere efforts of the learned Amicus
Curiae in visiting the hospital as per the directions of this Court
and preparing a comprehensive report giving their valuable
suggestions are highly appreciated, and we also express our
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thanks to all the officers who appeared through the virtual mode
and cooperated in the hearing.
22. The Member Secretary, Bihar State Legal
Services Authority is directed to remain present on the next date
of hearing.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
guddukr/-
U
