Patna HC flags mental illness issues, seeks state response on steps taken

The observation came from the bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar on suo motu Public Interest Litigation initiated pursuant to the inspection report dated February 17, 2026 submitted by the Member Secretary, Bihar State Legal Services Authority

The Patna High Court on Wednesday issued a detailed guidelines with regard to facilities provided to mentally ill people across the state and sought response from the state government on various aspects, including the functioning of the Bihar Institute of Mental Health and Allied Sciences (BIMHAS).

Patna high court (HT Photo)

The observation came from the bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar on suo motu Public Interest Litigation initiated pursuant to the inspection report dated February 17, 2026 submitted by the Member Secretary, Bihar State Legal Services Authority.

The report, prepared on the court’s direction, underlined the shortcomings of mental health facilities in Bihar and at the state’s premiere institution, the Bihar State Institute of Mental Health and Allied Sciences (BIMHAS), Koelwar, Bhojpur. Several judges, including the Chief Justice and the health secretary, also visited BIMHAS as part of the legal awareness programme.

The report highlighted several issues, including need for multiple institutes or branches of state-run BIMHAS across different regions and districts due to high prevalence, as the inpatient capacity of only 180 beds and another upcoming facility for 140 beds would not suffice given Bihar’s vast population and expansive geographical area.

The court appointed Anukriti Jaipuriyar and Raju Patel, advocates, amicus curiae to visit BIMHAS before the next date of hearing on March 16, and submit a report regarding the shortcomings and requirements noticed, if any, so as to provide their valuable suggestions to address the issues.

The court has also directed principal secretary, health department to submit a report regarding the steps taken by the government for the rehabilitation of the persons with mental illness after their recovery and discharge from the Hospital and the steps taken to address the issues highlighted in the report of the Member Secretary, BSLSA.

Issuing notice to the principal secretary, health department; secretary, State Mental Health Authority; director, Bihar Institute of Mental Health and Allied Sciences (BIMHAS); DGP and IG (Prisons) and Union of India, the court has sought their responses on various aspects, viz. Whether any Mental Health Review Board has been constituted in accordance with Section 73 of the 2017 Act, and if so, the functions being discharged by it, functioning of BIMHAS; police role with regard to mentally ill persons and prisoners with mental illness. The BALSA member secretary will also submit his report.

“The Mental Illness Cured Home (MI Home), established by the Social Welfare Department under the directives of the Supreme Court, currently has a limited capacity of only 50 beds for male patients and 50 for female patients. This is grossly insufficient. As a result, many cured or stabilised psychiatric patients face delays in social rehabilitation, prolonging their institutionalisation and hindering their reintegration into society. The capacity needs to be expanded,” the BALSA report highlighted.

The court observed that all medical colleges and district hospitals in Bihar need to establish dedicated facilities or wards for homeless individuals suffering from mental illnesses and create services for child and old age mental health by integrating it with general healthcare.

“There is a notable lack of coordination between the social welfare department and other government agencies regarding the rehabilitation of homeless patients following their successful treatment. As a consequence, even after full recovery, these individuals often remain unnecessarily hospitalised due to insufficient support networks. There is an urgent need of comprehensive training and vocational programmes for cured or stabilised psychiatric patients to equip them with employable skills,” it said.

Citing the provisions under the Mental Healthcare Act, 2017, the order has also flagged that the approach road leading to BIMHAS needs to be widened to four-lane and operation of the Balu Ghat (sand mining site) and sand storage facilities in the vicinity of the hospital needs to be halted immediately for the safety of patients and advocated development of a playground on a priority basis and repair of boundary walls to prevent unauthorised access.

The report has also underlined the need of police assistance and coordination with the other states to register FIRs and track the families of de-institutionalised persons, and to include the details of such persons in national missing persons databases.