Isabella Mariam

The Patna High Court Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar, acting on its own motion, initiated a Public Interest Litigation upon receiving an inspection report from the Member Secretary of the Bihar State Legal Services Authority, which flagged significant deficiencies in mental health infrastructure across the state, particularly at the sole state-run psychiatric facility in Koelwar, Bhojpur. The Court directed notices to senior state officials, including the Principal Secretary of the Health Department, the Director of the concerned institution, the Director General of Police, and the Inspector General of Prisons, requiring them to file responses on issues spanning patient rehabilitation, legal aid access, police duties toward persons with mental illness, and the overall functioning of the facility. Two advocates were appointed as Amicus Curiae and directed to visit the institution before the next hearing date.

The proceedings arose from a suo motu Public Interest Litigation initiated on the basis of an inspection report dated 17.02.2026 submitted by the Member Secretary of the Bihar State Legal Services Authority (BSLSA). The report highlighted shortcomings in mental health facilities in the State of Bihar, particularly at the Bihar Institute of Mental Health and Allied Sciences (BIMHAS), Koelwar, Bhojpur. The inspection followed a legal awareness programme conducted under the NALSA Scheme, during which judges and officials visited the institute.

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The report identified issues relating to inadequate bed capacity, lack of rehabilitation facilities, absence of community-based services, insufficient coordination among departments, infrastructural deficiencies, and safety concerns near the hospital campus. The Court referred to statutory provisions under Sections 18, 19, 20, 21 and 27 of the Mental Healthcare Act, 2017, and to the NALSA (Legal Services to Persons with Mental Illness and Persons with Intellectual Disabilities) Scheme, 2024. The matter was placed before the Division Bench for consideration of compliance with statutory and constitutional obligations concerning mental healthcare and rehabilitation.

The Court recorded that “This suo motu Public Interest Litigation has been initiated pursuant to the report dated 17.02.2026 submitted by the learned Member Secretary, Bihar State Legal Services Authority… which is an inspection report with respect to the shortcomings of mental health facilities in the State of Bihar and at the Bihar State Institute of Mental Health and Allied Sciences (BIMHAS), Koelwar, Bhojpur.”

Referring to the inspection findings, the Court noted that “In the State of Bihar, the Bihar State Institute of Mental Health and Allied Sciences (BIMHAS) in Koelwar, Bhojpur, is the sole State-run institution dedicated to mental health, with a current inpatient capacity of only 180 beds.” It further recorded that “given Bihar's vast population and expansive geographical area, this single facility is inadequate.”

With respect to rehabilitation, the Court reproduced that “The Mental Illness Cured Home (MI Home)… currently has a limited capacity of only 50 beds for male patients and 50 for female patients. This is grossly insufficient.” It also noted that “many cured or stabilized psychiatric patients face delays in social rehabilitation, prolonging their institutionalization.”

The Bench referred to the constitutional position and recorded from precedent that “Mental health is an integral component of the right to life Under Article 21 of the Constitution of India.” It further quoted that “Mental health is central to this vision.” and that the Mental Healthcare Act, 2017 is “a rights-based legislation, [which] reinforces this constitutional mandate by recognising every person's right to access mental healthcare and protection from inhuman or degrading treatment in mental health settings.”

The Court also reproduced that under Section 18, “Every person shall have a right to access mental healthcare and treatment from mental health services run or funded by the appropriate Government.” It noted under Section 19 that “Every person with mental illness shall… have a right to live in, be part of and not be segregated from society.” Further, under Section 27, it recorded that “A person with mental illness shall be entitled to receive free legal services to exercise any of his rights given under this Act.”

The Court ordered: “Issue notice to the (i) Principal Secretary, Health Department; (ii) Secretary, State Mental Health Authority, Bihar; (iii) Director, Bihar Institute of Mental Health and Allied Sciences (BIMHAS); (iv) DG of Police, Bihar; (v) I.G. of Prisons; and (vi) Union of India.”

“The concerned authorities are to submit their responses on the following aspect:” and required clarification “Whether any Mental Health Review Board has been constituted in accordance with Section 73 of the 2017 Act?” and “If so, what are the functions being discharged by such Board under section 82 of the 2017 Act?”

The Bench further required a report on “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?”

“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;”

“The Member Secretary, Bihar State 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;” and that “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;”

It further required that “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.”

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“The Registry shall make the necessary arrangements for the visit of the learned Amicus Curiae to BIMHAS before the next date of hearing, who, in turn, shall submit a report regarding the shortcomings and requirements noticed, if any, so also provide their valuable suggestions to address the issues.”

“Let a copy of the report furnished by the learned Member Secretary, BSLSA along with the order passed today, be forwarded to the respective authorities for submission of their responses.” and directed that on the next date “the Principal Secretary, Health Department; the Secretary, State Mental Health Authority, Bihar; the Director, Bihar Institute of Mental Health and Allied Sciences (BIMHAS); DG of Police, Bihar; and the I.G. of Prisons shall remain present virtually.”

Advocates Representing the Parties:

For the Respondents:

Mr. P.K. Shahi, Advocate General; Dr. K.N. Singh, Senior Advocate; Mr. Amish Kumar, Advocate

Case Title: Court on its own motion Regarding matter relates to the Inspection Report vs The State of Bihar & Ors.
Case Number: Civil Writ Jurisdiction Case No. 2805 of 2026
Bench: Chief Justice Sangam Kumar Sahoo, Justice Harish Kumar