Patna High Court – Orders
Court On Its Own Motion Regarding Matter … vs The State Of Bihar on 20 April, 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
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Akanksha Malviya ... ... Petitioner/s
Versus
The Union of India & Ors. ... ... Respondent/s
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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 the Amicus Curiae : Ms. Anukriti Jaipuriyar, Adv.
Mr. Raju Patel, Adv.
For the UOI : Mr. Dr. K N Singh, ASG
Mr. Kumar Priya Ranjan, Sr. Panel Counsel
Mr. Sudarshan Bhardwaj, Adv.
(In Civil Writ Jurisdiction Case No. 19702 of 2021)
For the Petitioner/s : Ms. Akanksha Malviya, In Person
Mr. Vishal Kumar Singh, Adv.
Mr. Akash Keshav, Adv.
Ms. Naina Wany, Adv.
For the Respondent/s : Mr. Dr. K. N. Singh, ASG
Mr. Amish Kumar, Adv.
For the State : Mr. S D Yadav, AAG-9
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 20-04-2026
It is said, “Mental illness is not a crime, and a hospital
should not be a prison.”
To leave a recovered individual in a mental health facility
for lack of a home is to transform a place of healing into a place
of detention. The State must bridge this ‘rehabilitation gap’
through the robust establishment of half-way homes, ensuring
Patna High Court CWJC No.2805 of 2026(4) dt.20-04-2026
2/26
that recovery leads to a doorway, not a dead-end.
The State’s obligation toward those with mental health
challenges is a high water mark of its commitment to Article 21
of the Constitution of India. It requires more than the mere
provision of beds and medicine; it demands the creation of a
‘therapeutic ecosystem’, where dignity is the primary
prescription and recovery is supported by empathetic
infrastructure. When the State fails to provide adequate
psychiatric infrastructure, it does not just fail a policy objective;
it violates a constitutional promise.
2. Last time the matter was taken up on 16.03.2026.
After going through the counter affidavit filed on behalf of
Additional Director General (ADG), Weaker Sections, CID,
Bihar, Patna, we found that as per our order dated 18.02.2026,
letters have been issued to all the Senior Superintendents of
Police/Superintendents of Police to sensitize all the police
stations within their respective jurisdiction to comply with the
legal provisions of Section 100 of the Mental Health Care Act,
2017 (hereinafter referred to as, “Act, 2017”).
We directed the Additional Director General to collect
information from all such District SSP’s/SP’s on a regular basis
regarding the steps taken by each of them in sensitizing the
police stations and the cases which are found out seeking their
Patna High Court CWJC No.2805 of 2026(4) dt.20-04-2026
3/26
concern and the steps taken by them in terms of Section 100 of
the Act, 2017 for the treatment as well as rehabilitation of
persons suffering from mental health issues.
We also asked the Additional Director General to do
the needful to give 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 X 7 for providing emergency assistance and non-
emergency support and immediately on getting the information,
the concerned SHO/police authorities shall be intimated by the
authority to facilitate them to take necessary steps in accordance
with Section 100 of the Act, 2017.
We also asked that an affidavit to that effect shall be
filed.
3. The Additional Director General, Mr. Amit Kumar
Jain is present virtually.
In pursuance of such order, a supplementary affidavit
dated 18.04.2026 has been filed on behalf of the Criminal
Investigation Department, Weaker Section Division, Bihar,
Patna High Court CWJC No.2805 of 2026(4) dt.20-04-2026
4/26
Patna, by Mr. Sanjay Kumar Pandey, Deputy Superintendent of
Police (WS), CID, Bihar, Patna, wherein it is stated as follows:
“6. That it is humbly submitted
that action taken report in compliance of
the legal provisions of Section 100 of the
Mental Healthcare Act, 2017 was called
for, from all SSPs/SPs vide this office
Letter No. 9/Sr. Citizen Cell dated
06.03.2026. They were further asked to
submit the said report in a format
prescribed by PHQ vides Letter No. 20/Sr.
Citizen Cell dated 01.04.2026 of Police
Headquarters, Criminal Investigation
Department and Weaker Section Division.
7. That it is submitted that a
consolidated report has been prepared on
the basis of the reports submitted by the
districts. The said consolidated report is
mentioned below:-
Sl. No. Details of actions taken by SHOs within their No.
jurisdiction regarding persons with mental
illness in accordance with Section-100 of the
Mental Healthcare Act, 2017
1. No. of person with mental illness taken under 13
protection
2. No. of such person sent for Medical 13
Examination and Treatment.
3. No. of person whose nature and degree of illness 0
was simple and left after preliminary treatment
4. No. of persons left after preliminary treatment 1
were sent back to their home
5. No. of missing FIR registered in case of 0
Vagabond Persons (Homeless) persons
6. No. of persons sent to Shelter Home/Half Way 3
Home after Preliminary treatment
7. No. of persons having serious nature and degree 0
of illness who were admitted in Healthcare
facility
Patna High Court CWJC No.2805 of 2026(4) dt.20-04-2026
5/26
8. No. of persons who got cured after treatment and 0
were sent back to their home
9. No. of persons who got cured after treatment and 9
were sent to Shelter Home/Half Way Home
8. That it is stated here that a
quarterly report regarding compliance of
Section 100 of the Mental Healthcare Act,
2017 has also been called for, from the
SSPs/SPs of all districts to monitor the
status of compliance vide the above
mentioned Letter No. 20/Sr. Citizen Cell
dated 01.04.2026.
9. That it is submitted that the
Director, BIMHAS, Koilwar, Bhojpur has
been requested to provide the list of such
persons admitted with mental illness in
his institution who got cured after
treatment and are still living there, to the
Superintendent of Police, Bhojpur, so that
they can be taken either to their home or
to shelter home under police protection,
as the case may be, vide this office Letter
No. 16/Sr. Citizen Cell dated 19.03.2026.
The Superintendent of Police, Bhojpur
has also been directed to ensure the
rehabilitation of such mental patients who
got cured after treatment after getting
such list from the Director, BIMHAS.
10. That it is submitted that a
one-day sensitization and training
workshops are being organized by PHQ
(Weaker Section, CID), Bihar in
collaboration with Amity University in 8
range headquarters of the State namely,
Patna, Gayajee, Darbhanga,
Muzaffarpur, Bhagalpur, Chapra,
Begusarai and Purnia to train the officers
working in Districts and Police Stations
vide this office Letter No. 57/SJPU dated
19.03.2026.
11. That it is submitted that a
Patna High Court CWJC No.2805 of 2026(4) dt.20-04-2026
6/26
team of expert police officers of PHQ is
also being sent to sensitize and train the
stakeholder police officers working at
district and Police Station level vide this
office Letter No. 61/SJPU dated
30.03.2026.
12. That it is submitted that as
per schedule of sensitization and training
program, 584 police officers of
Bhagalpur, Banka, Navgachhia, Jamalpur
Rail, Muzaffarpur, Vaishali, Sheohar,
Sitamarhi, Muzaffarpur Rail, Saran,
Siwan, Gopalganj, Bettiah, Bagaha,
Motihari, Darbhanga, Madhubani,
Samastipur, Saharsa, Supaul and
Madhepura districts have been sensitized
and imparted training regarding SOP
which has been formulated to comply with
the provisions of Section 100 of the
Mental Healthcare Act, 2017.
Sensitization and training program of rest
of the districts will be completed by the
end of April, 2026.
13. That it is submitted that all
SSPs/SPs have also been directed to
sensitize and impart training to the police
officers working at police station level
periodically.
14. That it is submitted that a
toll-free number 112 and
telephone/mobile numbers of DG Control
and PCR (i.e. 0612-2294318,
9031829325, 9031829326 or police
helpline No. 9031829339 and
9031829340) have been disseminated by
way of public notice/appeal through
different social media platforms viz.
Facebook, Whatsapp, X, Instagram etc.
and print media also.
15. That it is further stated
here that the standard operating
procedure (SOP) has also been framed in
Patna High Court CWJC No.2805 of 2026(4) dt.20-04-2026
7/26
compliance to Section 100 of the Mental
Health Care Act, 2017 and appropriate
guideline has been framed and issued to
the police officials at the level of police
stations for doing the needful. The
Additional Director General, Weaker
Section, Crime Investigation Department,
Govt. of Bihar, Patna vide Memo No.
17/Va.Na.Sha. dated 19.03.2026 has
issued consolidated guideline in that
regard which is being brought on record
for kind perusal of this Hon’ble Court.”
4. In pursuance of the previous order dated
16.03.2026, Mr. Pranav Kumar, I.G. (Prisons) has appeared
through virtual mode.
On the last date, when the I.G. (Prisons) appeared
before us and stated that in terms of the order dated 18.02.2026
and in accordance with the provisions under Section 103 of the
Act, 2017, some steps have already been taken and some are
likely to be taken up at the earliest, we asked him to file an
affidavit in that respect.
In pursuance of such order, affidavit dated 18.04.2026
has been filed on behalf of the Prison and Correctional Services,
Home Department (Prisons) by Dr. Prashant Sinha, Deputy
Director (Health), Home Prison Department, Bihar wherein it is
stated as follows:-
“5. That it is humbly submitted
that complying with the mandates of
Section 103 of Mental Healthcare Act,
Patna High Court CWJC No.2805 of 2026(4) dt.20-04-2026
8/262017, initiatives have already been taken
on the part of department and the same is
evident from the following facts:-
i. Central Jail, Buxar has been
selected for establishment of a dedicated
Mental Healthcare unit and a DPR has
been framed in this relation.
ii. That vide Letter No. 8952
dated 21.10.2021 all the Jail
Superintendents have been directed to
transfer a mentally ill prisoner, only after
filling all required information in the
prescribed form.
6. That it is also submitted that
Mental Healthcare Units have been
established in four jails of the State
namely Adarsh Central Jail, Beur, Patna,
Shahid Khudiram Bose, Central Jail,
Muzaffarpur Shahid Jubba Sahani,
Central Jail, Bhagalpur and Central Jail,
Gaya Jee. In addition to above, five more
dedicated wards are going to be
established in Special Central Prison,
Bhagalpur, Central Prison, Motihari,
Central Prison, Purnea, District Prison,
Bettiah and District Prison, Darbhanga
vide Letter No. 2267 dated 30.03.2026.
7. That it is further submitted
that the existing/coming Mental
Healthcare units are obliged to follow the
standards and procedure as prescribed in
schedule as per Rule 11 of Mental
Healthcare (Rights of Persons with
mental illness) Rules, 2018 to much
possible extent and the schedule as per
Rule 11 shall completely be followed by
unit proposed to be established at Buxar
and the same is evident from Letter No.
229 dated 08.01.2026.
8. That in order to demonstrate
the due observance of rule a check list of
schedule as per Rule 11 is hereby
Patna High Court CWJC No.2805 of 2026(4) dt.20-04-2026
9/26submitted which shows all the facilities
and services available to mentally ill
prisoners.
9. That apart from above,
indoor/outdoor game facility and facility
of library is also made available to
mentally ill prisoners in order to develop
positive attitude and the same is evident
from Letter No. 2433 dated 08.04.2026
and Letter No. 3580 dated 13.04.2026.”
5. In view of such affidavit filed, the I.G. (Prisons)
shall apprise this Court on the next date about the developments
made, if any, regarding establishment of five more dedicated
wards in Special Central Prison, Bhagalpur; Central Prison,
Motihari; Central Prison, Purnea; District Prison, Bettiah and
District Prison, Darbhanga as has been highlighted in paragraph
no. 6 of the affidavit, as indicated above.
6. On the previous date of hearing, Dr. Jayesh Ranjan,
Director, BIMHAS, Koilwar, Bhojpur filed an affidavit dated
13.03.2026. After having quoted the relevant paragraphs of his
affidavit, we observed after reviewing the response filed by the
State, that although it appears that the persons after being cured
from mental ailments are sent to half-way homes whose families
do not come forward to receive them and that they are provided
with vocational training in the half-way homes, but it remained
unclear as to what sorts of vocational trainings were being
imparted to them and what are the outcomes of such trainings. If
Patna High Court CWJC No.2805 of 2026(4) dt.20-04-2026
10/26
such persons are being trained in a particular skill, then the
government should make the necessary arrangement to provide
them with both work and finance, so that they can make
themselves self-sufficient reducing their dependency on others
and allowing them to return to the mainstream of society.
Consequently, we asked the learned State Counsel to
submit a report disclosing the details of the vocational training
imparted to the persons cured of mental ailments and lodged in
such half-way homes along with the finance and the work
proposed to be provided to them to ensure self-sufficiency.
Furthermore, we instructed the State Counsel to facilitate the
opening of such half-way homes in other parts of the State.
7. Dr. Jayesh Ranjan, Director, BIMHAS, Koilwar,
Bhojpur along with the Health Secretary, Bihar are present
through virtual mode.
An affidavit dated 18.04.2026 has been filed by Dr.
Jayesh Ranjan, Director, BIMHAS, Koilwar, Bhojpur wherein it
is stated as follows:-
“5. That all the manholes in
the campus of Bihar State Institute
of Mental Health and Allied
Sciences have been covered to
prevent accident and to ensure
hygienic living conditions in wards
repairing work has been started to
remove dampness, peeling paint
Patna High Court CWJC No.2805 of 2026(4) dt.20-04-2026
11/26and water seepage.
6. That action has been taken
for issuance of UDID and the Civil
Surgeon-cum- Chief Medical
Officer, Bhojpur, Ara has been
requested vide Letter No. 193
dated 13.04.2026 to take
appropriate action for making
Login ID on UDID Portal for
BIMHAS.
Photocopy of Letter No. 193
dated 13.04.2026 is annexed
herewith and marked as Annexure-
R/A to this Suppl. Counter
Affidavit.
7. That to provide
transportation facilities to
vulnerable patients and their
caregivers a request letter bearing
Letter No. 149 dated 25.03.2026
was issued by the Director,
BIMHAS to the Regional Manager,
Bihar State Road Transport
Corporation to arrange bus
service for direct public
connectivity from Patna to
BIMHAS and accordingly Bus A
Service has been started.
Photocopy of Letter No. 149
dated 25.03.2026 is annexed
herewith and marked as
Annexure-R/B to this Suppl.
Counter Affidavit.
8. That Psychiatrists, Clinical
Psychologists, Psychiatric Social
Workers and Para Legal
Volunteers associated with
BIMHAS have been directed vide
Memo No. 173 dated 08.04.2026
to strictly follow the directions
regarding advance directives
contained in Section 5 of Mental
Patna High Court CWJC No.2805 of 2026(4) dt.20-04-2026
12/26Healthcare Act, 2017 and it has
been informed to all that the
required forms prescribed in Bihar
Mental Healthcare (State Mental
Health Authority) Rules, 2023 are
available in the office of BIMHAS.
Photocopy of the Memo No.
176 dated 08.04.2026 is annexed
herewith and marked as Annexure-
R/C to this Suppl. Counter
Affidavit.
9. That on 08.04.2026
building was handed over to
BIMHAS to start De-addiction
Center. On 13.04.2026 the
required staffs were deputed in the
De-addiction Center vide Memo
No. 190 dated 13.04.2026 and
from 15.04.2026 the De-addiction
Center has started functioning.
Photocopy of Memo No. 190
dated 13.04.2026 is annexed
herewith and marked as Annexure-
R/D to this Suppl. Counter
Affidavit.
10. That Health Department,
Government of Bihar has
sanctioned Rs. 47,12,732/- for
establishment of a five bed ICU in
BIMHAS vide Memo No. 153(7B)
dated 10.04.2026.
Photocopy of Memo No. 153
(7B) dated 10.04.2026 is annexed
herewith and marked as Annexure-
R/E to this Suppl. Counter
Affidavit.”
8. When we made a query to the Director, BIMHAS
as to whether any intimation was given to the police authorities
regarding those patients, who after treatment are cured and are
Patna High Court CWJC No.2805 of 2026(4) dt.20-04-2026
13/26
supposed to be taken either to their respective houses or to the
half-way homes, where skill based trainings are provided, the
Director stated that such a letter has been issued to the
Superintendent of Police, Ara on 11.04.2026, intimating that 67
patients are there; who have already been cured and are to be
transferred either to their respective houses or to the half-way
homes, however, no action has been taken thereof.
9. At this stage, the Additional Director General
(ADG), Weaker Sections, CID, Bihar, Patna stated that the letter
has been received from the Director, BIMHAS, and immediate
steps shall be taken in that regard.
Let an affidavit be filed regarding steps taken in this
respect.
10. On the last date, we have asked the learned
Counsel for the State to submit a report indicating the details of
vocational training imparted to those persons, who after being
cured of mental ailments are lodged in the half-way homes, and
also about the finance and the work provided to them to ensure
that they are made self-sufficient and the progress regarding the
opening of such half-way homes in other parts of the State.
Affidavit filed by Health Department:
11. In pursuance of our previous order, an affidavit
dated 18.04.2026 has been filed on behalf of the Health
Patna High Court CWJC No.2805 of 2026(4) dt.20-04-2026
14/26
Department, Government of Bihar by Dr. Neeta Agrawal,
Additional Director, Health Department, Government of Bihar
wherein it is stated as follows:-
“15. That the Social Welfare
Department has also submitted a report
wherein it has been elaborated that the
Department is in the process of and is
actively working towards dynamically
expanding the existing halfway homes in
Patna beyond their present capacity of
100 inmates. The Department is also
undertaking expansion of the halfway
home near BIMHAS, Koilwar and has
proposed establishment of additional
halfway homes of 100-bed capacity each
(50 male and 50 female) near NMCH
Patna, near Pawapuri Nalanda, near
DMCH Darbhanga, near SKMCH
Muzaffarpur, near SMCH Purnia, near
ANMMCH Gaya, near JLNMCH
Bhagalpur, near JNKTMCH Madhepura
and near GMCH, Bettiah. The
Department in its report also states it is
exploring partnerships with NGOs to
assess feasibility and gather inputs for the
development of less restrictive
community-based accommodations, along
with a plan of action for scaling the same
across the State of Bihar.
A photo copy of Letter no. 638,
dated 13-04-2026 is annexed herewith
and marked as Annexure-H/10 to this
counter affidavit.
16. That the Youth Employment
and Skill Development Department has
submitted a report of a three-member
Committee outlining its proposal to
introduce targeted, certified vocational
and skill development programs within
homes for persons cured of mental illness,
Patna High Court CWJC No.2805 of 2026(4) dt.20-04-2026
15/26wherein the program shall be
implemented through its Domain Skilling
Scheme (Short Term Training
Programmes) in coordination with the
Health Department and the Social
Welfare Department. The Department
proposes to impart training in courses
such as sewing machine operator, wooden
toy maker, agriculture warehouse worker,
general housekeeper, laundry service
provider and agarbatti maker. The report
of the said three-member Committee is
being brought on record and the
Department has also requested funds from
the Health Department for
implementation of the said programs for
which the necessary financial sanction
shall be processed by the Health
Department and will be provided to Skill
Development Department.
A photo copy of Letter no.
1477, dated 11-04-2026 is annexed
herewith and marked as Annexure-H/11 to
this counter affidavit.”
12. We made a query to the Health Secretary
regarding providing of finance to the persons cured of mental
ailments for making them self-sufficient, after they are trained
properly in the half-way homes on any particular skill. He stated
to us that once the letter dated 11.04.2026 is acted upon, the
programme is implemented and the financial sanction is
processed by the Health Department, the trainings can then be
imparted and thereafter, necessary arrangement can be made to
provide all the necessities including finance to such persons,
Patna High Court CWJC No.2805 of 2026(4) dt.20-04-2026
16/26
who have been skilled in a particular training programme.
A structured process is required to be designed for
rehabilitation of cured mental health patients to regain
independence, rebuilt their lives and achieve self-sufficiency.
13. It is further stated in the affidavit dated 18.04.2026
filed by the Additional Director, Health Department,
Government of Bihar as follows:-
“17. That the Transport
Department shall be commencing a
dedicated regular bus service to ferry
persons from the capital city of Patna to
BIMHAS and a total of four buses are
proposed to operate on the said route.
A photo copy. of Letter no.149,
dated 25-03-2026 is annexed herewith
and marked as Annexure-H/12 to this
counter affidavit.
18. That the Road
Construction Department has prepared
an estimate of approximately Rs. 7 crore
for the expansion of the approach road
leading to BIMHAS and the work for the
same is expected to commence upon
receipt of the necessary administrative
approval and financial sanction.
A photo copy of Letter no.
2289, dated 06-04-2026 is annexed
herewith and marked as Annexure-H/13
to this counter affidavit.”
It is stated by the Health Secretary, Government of
Bihar so also by the Additional Director, Health Department,
Government of Bihar, that now the bus services are being made
Patna High Court CWJC No.2805 of 2026(4) dt.20-04-2026
17/26
functional from Patna directly to Koilwar.
14. In the aforesaid affidavit, it is also stated as
follows:-
“8. That the BMSICL (Bihar
Medical Services and Infrastructure
Corporation Ltd.) has been directed to
strictly adhere to the court-monitored
timelines for completion of the expansion
work at BIMHAS, Koilwar. Furthermore,
in compliance with the directions of this
Hon’ble Court, four schemes, namely (i)
construction of a rest house for attendants
(ii) repair and new construction of the
boundary wall around the BIMHAS
campus (iii) development of a playground
for patients and attendants and (iv) park
development at BIMHAS totaling Rs. 5.33
crore is under process for necessary
sanction.
A photo copy of Letter no.
155(7B), dated 10-04-2026 is annexed
herewith and marked as Annexure-H/5 to
this counter affidavit.
9. That the Health Department
has approved an amount of Rs.
47,12,732/-for the purchase of necessary
medical equipment/accessories for
operationalization of ICU at the
BIMHAS. In addition, a physician,
anesthetist, nursing staff and ward staff
will be posted to ensure that the ICU is
made functional.
A photo copy of Letter no.
153(7B), dated 10-04-2026 is annexed
herewith and marked as Annexure-H/6 to
this counter affidavit”
15. The Health Secretary stated that once the sanction
is obtained as per the Letter No. 153(7B) dated 10.04.2026, the
Patna High Court CWJC No.2805 of 2026(4) dt.20-04-2026
18/26necessary follow-up action can be taken and since the
administrative sanction has been made for the purchase of
necessary medical equipments and accessories for operation of
the ICUs and BIMHAS, the follow-up action will also be taken
in that respect by floating tenders.
16. It is further stated in the affidavit filed by the
Additional Director, Health Department, Government of Bihar
that:-
“10. That the Civil Surgeons of
all 38 districts of Bihar have been
directed to deploy their workforce of
93,803 ASHAs and ANMs to proactively
identify homeless and wandering persons
with mental illness at the Panchayat level
ensuring their immediate rescue and
clinical intervention in strict compliance
with the statutory mandate under Section
100 of the Mental Healthcare Act, 2017.
A photocopy of Minutes of the
Meeting letter no. 234(11) dated 06-04-
2026 is annexed herewith and marked as
Annexure-H/7 to this counter affidavit.”
x x x
19. That the Bihar State Legal
Services Authority has vide letter dated
10.04.2026 informed the Health
Department that a “Mano Nyay Legal
Services Clinic”, with panel lawyers and
paralegal volunteers mandated under the
NALSA scheme has been established at
the Bihar State Institute of Mental Health
and Allied Sciences and is functioning six
days a week and the detailed report
Patna High Court CWJC No.2805 of 2026(4) dt.20-04-2026
19/26
submitted by the Member Secretary,
BSLSA.
A photo copy of Letter no. 640,
dated 10-04-2026 is annexed herewith
and marked as Annexure-H/14 to this
counter affidavit.”
17. The Member Secretary, Bihar State Legal Services
Authority is present in Court and submits that as per the order
dated 16.03.2026, information has already been provided to the
office of the learned Advocate General and an affidavit
regarding the compliance of the said order shall be filed by the
next date.
18. In the affidavit filed by the Additional Director,
Health Department, Government of Bihar, it is stated as
follows:-
“22. That the Health
Department is in the process of
formulating a SOP in order to fulfill the
mandate under Section 115 of Mental
Health Care Act, 2017.”
The Health Secretary shall apprise this Court about
the development made, if any, in formulating the SOP in order
to fulfill the mandate under Section 115 of the Act, 2017.
19. The Learned Amicus Curiae has pointed out
paragraph no. 7 of the affidavit filed on behalf of the Additional
Director, Health Department, Government of Bihar wherein it is
stated as follows:-
Patna High Court CWJC No.2805 of 2026(4) dt.20-04-2026
20/26“7. That a Committee has been
constituted under the Chairpersonship of
the Special Secretary, Health Department
to suggest and formulate a detailed
administrative blueprint for establishment
of a second Institute of Eminence on the
lines of BIMHAS (Bihar Institute of
Mental Health and Allied Sciences) so as
to ensure compliance with the minimum
standards required for statutory
registration under Section 65 of the
Mental Healthcare Act, 2017 and the
order constituting the said Committee
along with its terms of reference/scope of
work.”
The Health Secretary shall apprise us on the next date
about the development made in this respect.
20. When the matter was taken up on 16.03.2026, the
learned Amicus Curiae referring to Section 21 of the Act, 2017,
stated that 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, strictly ensuring that the female patients are not
separated from their children under three years of age and that
the children must receive the mandated pediatric and nutritional
care.
The relevant section of the 2017 Act is quoted
hereinbelow:-
“21. Right to equality and
non-discrimination-
Patna High Court CWJC No.2805 of 2026(4) dt.20-04-2026
21/26
**(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 from her during her stay in
such establishment:
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.”
21. The Health Secretary appearing through virtual
mode has assured this Court that necessary steps that has been
pointed out by the learned Amicus Curiae will be discussed. He
further assured that the steps taken with regard to opening of a
separate cell for the female patients having babies under three
years of age, will be apprised to this Court on the next date and
that he would comply with the order.
22. In the last order dated 16.03.2026, we have
mentioned the suggestions provided by the learned Amicus
Curiae that the Education Department must mandate the
Patna High Court CWJC No.2805 of 2026(4) dt.20-04-2026
22/26appointment of trained student counselors in all the 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, thereby executing the
preventive health care mandate of Section 29 of Act, 2017. The
relevant section reads as follows:
” 29. Promotion of mental
health and preventive programmes.-(1)
The appropriate Government shall have a
duty to plan, design and implement
programmes for the promotion of mental
health and prevention of mental illness in
the country.
(2) Without prejudice to the
generality of the provisions contained in
sub-section (1), the appropriate
Government shall, in particular, plan,
design and implement public health
programmes to reduce suicides and
attempted suicides in the country.”
The Supreme Court in the case of Sukdeb Saha
-Vrs.- State of Andhra Pradesh and Others (2025) Supreme
Court Cases OnLine SC 1515 observed as follows:
“35. Keeping in view of the
above, and in exercise of the powers
conferred upon this Court under
Article 32 of the Constitution of India
for the enforcement of fundamental
rights, and treating this
pronouncement as law declared by this
Court under Article 141, we hereby
Patna High Court CWJC No.2805 of 2026(4) dt.20-04-2026
23/26issue the following guidelines, which
shall remain in force and be binding
until such time as appropriate
legislation or regulatory frameworks
are enacted by the competent
authority. The Guidelines are
prescribed as under:
I. All educational institutions
shall adopt and implement a uniform
mental health policy, drawing cues
from the UMMEED Draft Guidelines,
the MANODARPAN initiative, and the
National Suicide Prevention Strategy.
This policy shall be reviewed and
updated annually and made publicly
accessible on institutional websites
and notice boards of the institutes. II.
All educational institutions with 100 or
more enrolled students shall
appoint/engage at least one qualified
counsellor, psychologist, or social
worker with demonstrable training in
child and adolescent mental health.
Institutions with fewer students shall
establish formal referral linkages with
external mental health professionals.
x x x
V. All educational
institutions shall establish written
protocols for immediate referral to
mental health services, local hospitals,
and suicide prevention helplines.
Suicide helpline numbers, including
Tele-MANAS and other national
services, shall be prominently
displayed in hostels, classrooms,
common areas, and on websites in
large and legible print.
VI. All teaching and non-
Patna High Court CWJC No.2805 of 2026(4) dt.20-04-2026
24/26teaching staff shall undergo mandatory
training at least twice a year,
conducted by certified mental health
professionals, on psychological first-
aid, identification of warning signs,
response to self-harm, and referral
mechanisms.
x x x
X. All educational
institutions shall maintain anonymised
records and prepare an annual report
indicating the number of wellness
interventions, student referrals,
training sessions, and mental health-
related activities. This report shall be
submitted to the relevant regulatory
authority, which may be the State
Education Department, University
Grants Commission (UGC), All India
Council for Technical Education
(AICTE), Central Board of Secondary
Education (CBSE), or as otherwise
indicated.
x x x
XII. All educational
institutions, including coaching centres
and training institutes, shall provide
regular, structured career counselling
services for students and their parents
or guardians. These sessions shall be
conducted by qualified counsellors and
shall aim to reduce unrealistic
academic pressure, promote awareness
of diverse academic and professional
pathways, and assist students in
making informed and interest-based
career decisions. Institutions shall
ensure that such counselling is
inclusive, sensitive to socioeconomic
Patna High Court CWJC No.2805 of 2026(4) dt.20-04-2026
25/26and psychological contexts, and does
not reinforce narrow definitions of
merit or success…….”
23. The learned State counsel submits that the
Secretary of the Education Department, Government of Bihar be
impleaded as a party to apprise this Court regarding steps, if any,
already taken or any proposals pending with the concerned
department in that respect to appoint the trained student
counselors.
24. In view of such submissions and keeping in view
the importance of the Section 29 of Act, 2017, the Secretary of
Education Department, Government of Bihar is added as a party
to this proceeding and he shall file an affidavit in terms of the
suggestions given by the learned Amicus Curiae, while adhering
to the mandates of Section 29 of Act, 2017.
Similarly the Secretary, Education Department,
Government of India [formerly Ministry of Human Resources
Development (HRD)] is to be added as a party and the learned
counsel for the Union of India shall take steps to communicate
this order. The concerned Secretary shall file an affidavit also, in
terms of the suggestions given by the learned Amicus Curiae, as
referred to above.
25. List this matter on 11.05.2026.
Patna High Court CWJC No.2805 of 2026(4) dt.20-04-2026
26/26
26. All the affidavits must reach the Court by
08.05.2026 and it is expected that the affidavits shall be
exchanged amongst the parties.
27. All the respondents are hereby directed to serve
the copies of their respective affidavits to Ms. Akanksha
Malviya, learned counsel appearing in-person in CWJC No.
19702 of 2021 before the next date.
28. 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.
29. This Court appreciates the cooperation and
contribution made by all concerned, including the learned
Amicus Curiae towards the effective progress of the matter,
which is an important issue for the benefits of the mental health
patients.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shivank/-
U
AFR