Patna High Court: In a suo motu Public Interest Litigation triggered by an inspection report dated 17 February 2026 submitted by the Member Secretary of the Bihar State Legal Services Authority (BSLSA), highlighting significant shortcomings in the functioning and infrastructure of the Bihar Institute of Mental Health and Allied Sciences (BIMHAS), Koelwar, Bhojpur, and broader systemic deficiencies in mental healthcare services across the State., the Division Bench of Sangam Kumar Sahoo,* CJ., and Harish Kumar, J., issued notice against respondent authorities and directed to submit detailed reports on constitution and functioning of Mental Health Review Boards, conditions and facilities at BIMHAS , availability of free food, medicines, hygiene, and infrastructure, role of police and prison authorities concerning mentally ill persons, legal aid services provided, rehabilitation measures post-treatment and steps taken to address deficiencies identified in the inspection report.
The BSLSA had formulated a Minimum Action Plan for legal awareness programmes under the NALSA Scheme, 2015. Pursuant to this, a visit was conducted on 14 February 2026 by several dignitaries, including the Chief Justice, judicial officers, and State officials, to BIMHAS. During this visit, an inspection was carried out to assess ground realities.
The inspection report revealed that BIMHAS is the sole State-run mental health institution with a capacity of only 180 beds, which is grossly inadequate considering Bihar’s population. The report identified the following deficiencies in BIMHAS:
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Inadequate facility and necessity of multiple branches across different regions to accommodate the increasing the capacities for both males and females including rest houses for the patients traveling from distant parts of the State
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There is a lack of coordination due to insufficient support networks between the Social Welfare Department and other government agencies for rehabilitation.
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An urgent need to implement comprehensive training and vocational programmes for cured to equip them with employable skills through government schemes and programmes with active promotions.
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The road leading to BIMHAS needs to be widened to a four-lane configuration to handle increased traffic and improve accessibility.
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The operation of the Balu Ghat (sand mining site) in the vicinity of the hospital needs to be halted which disrupt therapeutic environments and safety regulations
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The integration of well-maintained playground and park into rehabilitation programmes, encouraging outdoor activities and contributing to a holistic treatment approach and offering a communal area for patients, staff, and visitors to unwind
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The old TB (Tuberculosis) hospital buildings on the BIMHAS campus need to be demolished for the space that could be repurposed for modern facilities
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The boundary wall of the BIMHAS needs to be repaired and strengthened on a priority basis to ensure security.
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Afforestation and greenery initiatives need to be implemented which would support mental health through nature-based interventions
The Court emphasised on the Section 18 (Right to access mental healthcare), Section 19 (Right to community living), Section 20 (Right to protection from cruel, inhuman and degrading treatment), Section 21 (Right to equality and non-discrimination), and Section 27 (Right to legal aid), Mental Healthcare Act, 2017 and emphasised that these provisions impose a positive obligation on the State to create adequate infrastructure and ensure humane treatment.
The Court further specified that NALSA (Legal Service to Persons with Mental Illness and Persons with Intellectual Disabilities) Scheme, 2024 provides the provision for Specialised Legal Services Unit for Persons with Mental Illness and Persons with Intellectual Disabilities called ‘Manonyay’ (LSUM) to be constituted and established by SLSA and DLSA in each District.
The Court relied on the Sukdeb Saha v. State of A.P., 2025 SCC OnLine SC 1515, where it was held that “Mental health is an integral component of the right to life Under Article 21 of the Constitution of India… right to life does not mean mere animal existence, but a life of dignity, autonomy, and well-being,” acknowledging the need for care and support rather than punishment mentioned under Section 115, Mental Healthcare Act, 2017 which explicitly decriminalises attempted suicide. The Court further called upon the judgement in Gaurav Kumar Bansal v. Dinesh Kumar, 2018 SCC OnLine SC 3522, highlighting the Government’s contribution in ensuring availability of rehabilitation halfway homes, encouraging NGOs, providing financial assistance and publicising the central schemes in the districts.
The Court 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 to submit their responses on the following aspects:
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Compliance of Section 73 for the constitution of Mental Health Review Board and Section 82 for the discharging it’s functions.
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The performance of duties by Bihar Institute of Mental Health and Allied Sciences (BIMHAS) relating to admission, treatment, food, medicine and hygiene.
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DG of Police and I.G. of Prisons to submit their report on protection of the persons and prisoners with mental illness in different police stations of the State.
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The Member Secretary of BSLSA to ensure legal aid facilities to the persons with mental illness.
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The Principal Secretary of the Health Department to submit a report regarding the steps taken by the government for rehabilitation.
[Court on its own motion v. State of Bihar, 2026 SCC OnLine Pat 1910, decided on 18-2-2026]
*Judgment authored by: Chief Justice Sangam Kumar Sahoo
Advocates who appeared in this case:
For the Petitioner: Mr. X
For the Respondent: Mr. P.K. Shahi, A.G.
For the Union of India: Dr. K.N. Singh, Senior Advocate, Mr. Amish Kumar, Advocate