February 18th 2026, Advocate Suman Kumari, Legal Correspondent, Patna : The Patna High Court has taken suo motu cognisance of significant shortcomings in mental healthcare facilities in Bihar, initiating a Public Interest Litigation based on an inspection report submitted by the Member Secretary of the Bihar State Legal Services Authority (BSLSA).
A Division Bench comprising the Chief Justice and Justice Harish Kumar passed the order after perusing the report dated February 17, 2026, which detailed infrastructural, administrative and rehabilitation-related deficiencies at the Bihar Institute of Mental Health and Allied Sciences (BIMHAS), Koelwar, in Bhojpur district. The visit to BIMHAS was conducted in connection with a legal awareness programme under the NALSA scheme relating to legal services for persons with mental illness and intellectual disabilities.
The inspection report revealed that BIMHAS is currently the only State-run institution dedicated exclusively to mental healthcare in Bihar, with an inpatient capacity of 180 beds. Although an additional 140-bed hospital is under construction within the campus, the report observed that a single facility is grossly inadequate considering the State’s large population and geographical expanse. It recommended the establishment of multiple mental health institutes or regional branches to ensure wider access.
The Court also took note of the limited capacity of the Mental Illness Cured Home (MI Home), run by the Social Welfare Department under directions of the Supreme Court, which accommodates only 50 male and 50 female patients. This shortage, the report said, results in prolonged institutionalisation of patients who have recovered or stabilised but are unable to transition back into society due to the absence of sufficient rehabilitation support.
Among other concerns highlighted were the lack of dedicated wards in medical colleges and district hospitals for homeless persons suffering from mental illness, poor coordination between government departments in rehabilitating such individuals after discharge, and the urgent need for structured vocational training and employment opportunities for recovered patients under government schemes.
The inspection report also raised serious infrastructural and environmental issues. It recommended widening the approach road to BIMHAS to a four-lane configuration to ease congestion and facilitate emergency transport. It further called for the immediate cessation or relocation of sand mining and storage operations near the hospital premises, citing safety risks, dust pollution, noise disturbances and their adverse impact on patients undergoing treatment.
Additional suggestions included the construction of a rest house within the campus for patients and attendants travelling from distant districts, development of a modern playground and recreational facilities to support therapeutic programmes, establishment of a park on the site of demolished structures to promote eco-therapy, demolition of dilapidated old TB hospital buildings, strengthening of the boundary wall for security, and comprehensive afforestation initiatives in collaboration with the Forest Department.
Referring to key provisions of the Mental Healthcare Act, 2017, the Bench emphasised that every person has a statutory right to access affordable, quality mental healthcare without discrimination. The Court highlighted the legal mandate to integrate mental health services into general healthcare at all levels, ensure community-based rehabilitation, and provide free treatment to persons with mental illness who are below the poverty line or homeless.
The Bench also cited Supreme Court judgments affirming that mental health forms an integral part of the right to life under Article 21 of the Constitution. Observing that dignity, autonomy and freedom from degrading treatment are core constitutional values, the Court underscored the State’s obligation to create a responsive and humane mental healthcare framework.
Notices have been issued to the Principal Secretary, Health Department; the Secretary, State Mental Health Authority, Bihar; the Director of BIMHAS; the Director General of Police, Bihar; the Inspector General of Prisons; and the Union of India. The authorities have been directed to file comprehensive responses addressing issues such as the constitution and functioning of the Mental Health Review Board, rehabilitation measures for discharged patients, provision of free food and medicines, hygiene standards at BIMHAS, police responsibilities towards persons with mental illness, prison safeguards, and legal aid services.
The Member Secretary of BSLSA has also been directed to submit a report on the legal aid facilities extended to persons with mental illness, particularly those undergoing treatment at BIMHAS. The State government has been asked to detail the steps taken to address the deficiencies identified in the inspection report.
The Court appointed two advocates as Amicus Curiae to assist in the matter and directed that arrangements be made for their visit to BIMHAS before the next date of hearing. They are expected to submit an independent assessment along with recommendations.
The case has been listed for further hearing on March 16, 2026. Senior State officials, including the Principal Secretary (Health), Secretary of the State Mental Health Authority, Director of BIMHAS, Director General of Police, and Inspector General of Prisons, have been directed to remain present virtually on the next date.
