Mental Health in Bihar Under Judicial Scanner: Patna High Court Seeks Accountability from State

The Patna High Court has initiated a suo motu Public Interest Litigation over glaring deficiencies in Bihar’s mental healthcare infrastructure, particularly at the Bihar Institute of Mental Health and Allied Sciences (BIMHAS) in Koelwar, Bhojpur.

The proceedings stem from an inspection report dated February 17, 2026, submitted by the Member Secretary of the Bihar State Legal Services Authority following a visit to the institute during a legal awareness programme under the NALSA Scheme. The visit was conducted on February 14 by a team comprising judges of the high court, including the Chief Justice, along with senior judicial and administrative officials.

According to the report, BIMHAS is the sole state-run mental health institution in Bihar and currently operates with an inpatient capacity of 180 beds. Though an additional 140-bed facility is under construction within the campus, the report found the existing and proposed capacity inadequate for a State of Bihar’s size and population.

Serious concerns were also flagged regarding post-treatment rehabilitation. The Mental Illness Cured Home, established under directions of the Supreme Court, has only 50 beds each for male and female patients. The report noted that this limited capacity results in delays in social reintegration of stabilised patients, many of whom continue to remain institutionalised due to lack of community-based support.

The inspection further highlighted the absence of dedicated mental health wards in medical colleges and district hospitals for homeless individuals suffering from mental illness. It recorded lack of coordination between the Social Welfare Department and other government agencies in facilitating rehabilitation and reintegration of recovered patients.

Infrastructure-related shortcomings were also identified. The report recommended widening of the approach road to BIMHAS, construction of a rest house for outstation patients and attendants, development of recreational facilities, demolition of old tuberculosis hospital buildings, strengthening of the boundary wall, and undertaking afforestation drives.

The inspection report also flagged concerns over the operation of the Balu Ghat (sand mining site) and sand storage facilities in the vicinity of BIMHAS. It recorded that the constant movement of heavy vehicles in and around the campus posed safety risks to patients and staff, caused noise and dust pollution, and disrupted the therapeutic environment necessary for mental health treatment. The report suggested that such activities be halted or relocated in order to prioritise patient safety and ensure compliance with health and safety standards.

While considering the matter, the division bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar referred to the provisions of the Mental Healthcare Act, 2017, including Sections 18, 19, 20, 21 and 27, which guarantee access to affordable and quality mental healthcare, community living, dignity, non-discrimination and free legal aid.

Court also relied on recent Supreme Court jurisprudence recognising mental health as an integral facet of the right to life under Article 21 of the Constitution. Referring in particular to Sukdeb Saha v. State of Andhra Pradesh (2025), the bench noted that the right to life encompasses not merely physical survival but a life of dignity, autonomy and psychological well-being. The Supreme Court has held that mental integrity and freedom from degrading treatment form essential components of constitutional protection, and that the Mental Healthcare Act, 2017, reinforces this mandate by guaranteeing access to mental healthcare services and safeguarding persons with mental illness from inhuman or discriminatory treatment.

Issuing notice, the high court has sought detailed responses from the Principal Secretary, Health Department, Government of Bihar; the Secretary, State Mental Health Authority, Bihar; the Director, Bihar Institute of Mental Health and Allied Sciences (BIMHAS); the Director General of Police, Bihar; the Inspector General of Prisons; and the Union of India.

Among other aspects, court has asked whether Mental Health Review Boards have been constituted in accordance with the 2017 Act, how BIMHAS is discharging its statutory duties, what facilities are being provided to patients and attendants, and what steps have been taken to rehabilitate recovered persons. Reports have also been sought from the police and prison authorities regarding their obligations towards persons with mental illness.

Two advocates, Ms. Anukriti Jaipuriyar and Mr. Raju Patel, have been appointed as Amicus Curiae and directed to visit BIMHAS and submit an independent report highlighting deficiencies and suggesting remedial measures.

The matter is scheduled to be taken up again on March 16, 2026, when senior state officials have been directed to remain present virtually.

Case Title: Court on its own motion Regarding matter relates to the Inspection Report vs. The State of Bihar & Ors.

Order Date: February 18, 2026

Bench: Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar