In Court on its own motion Regarding matter relates to the Inspection Report (2026), a Suo Motu Public Interest Litigation was initiated by the Patna High Court's Division Bench pursuant to the report dated February 17, 2026 submitted by the Member Secretary, Bihar State Legal Services Authority (BSLSA). BALSA's inspection report with respect to the shortcomings of mental health facilities in the State of Bihar as well as in Bihar State Institute of Mental Health and Allied Sciences (BIMHAS), Koelwar, Bhojpur is an independent report. The case was listed for hearing on April 20, 2026 by the High Court's Division of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar by its 54-page long order dated March 16, 2026.
The PIL was filed and registered on February 17, 2026 and tagged with a 5-year-old case filed by Vishal Kumar Singh, Akash Keshav, Deepak Kumar Singh and Shashwat with Advocate Akanksha Malviya as petitioner in person.
By its order dated February 25, 2019, the High Court had 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 and asked the concerned authorities to submit their responses on the following aspects:-
“i) Whether any Mental Health Review Board has been constituted in accordance with Section 73 of the
2017 Act?
ii) If so, what are the functions being discharged by such Board under section 82 of the 2017 Act?
iii) 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?
iv) 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;
v) 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;
vi) 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;
vii) 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.
The notice was issued pursuant to relevant sections of the Mental Healthcare Act, 2017, NALSA (Legal Service to persons with Mental Illness and Persons with Intellectual Disabilities) Scheme, 2024, and the decision of the Supreme Court in Sukdeb Saha vs. State of Andhra Pradesh, reported in A.I.R. 2025 S.C. 3458 and in Gaurav Kumar Bansal vs. Mr. Dinesh Kumar & Ors. (CONMT. PET. (C) No. 1653 of 2018 in W.P.(C) No. 412 of 2016) vide order dated February 25, 2019.
By its earlier 26-page long order dated February 18, 2026, the Division Bench had 9. The concerned authorities are to submit their responses on the following aspect: i) Whether any Mental Health Review Board has been constituted in accordance with Section 73 of the 2017 Act?
ii) If so, what are the functions being discharged by such Board under section 82 of the 2017 Act?
iii) 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?
iv) 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;
v) 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;
vi) 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;
vii) 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.
The High Court referred to Supreme Court's decision in Sukdeb Saha vs. State of Andhra Pradesh, reported in A.I.R. 2025 S.C. 3458, wherein it held:- “31. Mental health is an integral component of the right to life Under Article 21 of the Constitution of India. This Court has, in a consistent line of precedents, affirmed that the right to life does not mean mere animal existence, but a life of dignity, autonomy, and well-being. Mental health is central to this vision. In Shatrughan Chauhan vs. Union of India MANU/SC/0043/2014 : 2014:INSC:46: (2014) 3 SCC 1 and Navtej Singh Johar vs. Union of India MANU/SC/0947/2018 2018:INSC:790 : (2018) 10 SCC 1, this Court recognised mental integrity, psychological autonomy, and freedom from degrading treatment as essential facets of human dignity Under Article 21 of the Constitution of India. Further, the Mental Healthcare Act, 2017, a rights- based legislation, 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. Section 18 of the MH Act guarantees mental health services to all, and Section 115 of the MH Act explicitly decriminalises attempted suicide, acknowledging the need for care and support rather than punishment. These provisions read with judicial precedents reflect a broader constitutional vision that mandates a responsive legal framework to prevent self-harm and promote well-being, particularly among vulnerable populations such as students and youth.”
In Gaurav Kumar Bansal vs. Mr. Dinesh Kumar & Ors. (CONMT. PET. (C) No. 1653/2018 in W.P.(C) No. 412/2016), the Supreme Court, by order dated February 25, 2019, held:- “7. For ensuring availability of rehabilitation halfway homes in the districts: (i) State Governments must either expand their existing homes or construct new homes at their own cost and provide facilities as per the ‘Rehabilitation Homes’ Guidelines approved by the Supreme Court. (ii) Another way out is for the States/UTs to encourage NGOs in their States to set up rehabilitation homes or even expand the existing homes run by NGOs. The State Government may provide financial assistance to the NGOs towards this objective or seek the assistance of the Central Government for the same. The Central Government already has a scheme to fund such NGOs on the recommendation of State Government (Project Halfway Homes). The State Governments may give wide publicity to this Central scheme. 8. In certain States, some NGOs/community-based organizations have been providing remarkable services in the area of rehabilitation of mentally ill persons. The State Governments may involve them to supplement their own efforts. 9. Assistance is required to be elicited from police departments of various States, in order to register FIRs and make efforts to trace the families of de-institutionalized persons, and to include the details of such persons in national missing persons databases.
Prior to this, the Division Bench of Chief Justice Sanjay Karol and Justice S. Kumar had passed 2-page long order dated January 6, 2022 in Akanksha Malviya vs. The Union of India & Ors., a case of 2021 wherein, notice was issued considering pryer for issuance of a writ in the nature of a writ of Mandamus or any other appropriate writ(s) or order(s) or direction(s) commanding the Respondents to establish a legitimate and functional State Mental Health Authority in adherence with Section 45 and Section 55 of the Mental Healthcare Act, 2017.
The same bench passed a 4-page long order dated February 10, 2022, wherein it noted that Mental Health Care Act, 2017 was notified on April 7, 2017. The object and purpose of the Act was to provide for mental healthcare and services for persons with mental illness. Also to protect, promote and fulfil the rights of such persons during delivery of mental healthcare. The Act is divided into XVI Chapters. Chapter-VIII specifically deals with the establishment and composition of the State Authority, to be termed as the “State Mental Health Authority”. The composition of such authority in terms of Section-46 has to be of certain persons specified therein. The functions of the authority, as specified under Section-55 of the Act, are, inter alia, to- (a) develop quality and service provision norms for different types of mental health establishments in the State; (b) supervise all mental health establishments in the State and receive complaints about deficiencies in provision of services; (c) register clinical psychologists, mental health nurses and psychiatric social workers in the State to work as mental health professionals, and publish the list of such registered mental health professionals in such manner as may be specified by regulations by the State Authority; (d) train all relevant persons including law enforcement officials, mental health professionals and other health professionals about the provisions and implementation of this Act; (e) discharge such other functions with respect to matters relating to mental health as the State Government may decide.
The order reads: "Shockingly, as is now evident from the affidavit filed by the State, the said authority has yet not been constituted. Also as to whether there was one under the repealed Mental Health Act, 1987 is not clear from the response....The purpose behind the enactment, as we have already noticed, is to provide mental healthcare and services to persons in need whose mental condition stands determined in terms of Chapter-II of the Act. We notice that such step for establishing the authority commenced only in the year 2020, that too, with the publication of an advertisement in the Newspaper and since then nothing has been done to expedite the process. Even the affidavit filed does not disclose the time-limit within which such process would be completed. We refer to para 8 of affidavit dated 22.01.2022 filed by Additional Director, Health, Bihar, Patna. The averments are as vague as they can be....It is in this backdrop, we are constrained to direct the Chief Secretary, Government of Bihar, to forthwith take all steps ensuring establishment of the authority as stipulated under Section-45 of the Act. Let an affidavit of compliance indicating the latest status, be filed by the Chief Secretary, Government of Bihar, before the next date. We also expect the Chief Secretary, Government of Bihar to indicate the steps taken for complying with the other provisions of the Statute; the deficiencies pointed out by the petitioner in the writ petition; and the suggestion given for proper and effective implementation on expeditious basis."
The same bench passed a 9-page long order dated April 1, 2022. It reiterated the importance and significancethe the Mental Healthcare Act, 2017. The Act is divided into XVI Chapters containing 126 Sections. Chapter III deals with advance directive; Chapter V deals with rights of persons with mental illness; Chapter VI deals with duties of appropriate Government; Chapter VII deals with constitution of Central Mental Health Authority; Chapter IX deals with Finance, Accounts and Audit; Chapter X deals with establishment of Mental Health; Chapter XI deals with Mental Health Review Board; Chapter XII deals with admission, treatment and discharge; Chapter XIII deals with responsibilities of other agencies. In terms of Section 5 of Chapter III, every person, who is not a minor, shall have a right to make an advance directive in writing, specifying the manner in which he wishes to be cared for and not to be cared for and treated for a mental illness.
The order wondered as to "Whether there is any mechanism in place dealing with mandatory requirement of the statute or directives whereby and whereunder the person has a right to specify in advance the manner in which he wishes to be cared for and not to be cared for and treated for a mental illness and whether an Online Register as mandated by Section 7 has been set up and is being duly maintained? What are the steps undertaken to be made or already stand taken with respect to the right of community living for persons with mental illness under Section 19 where they have rights to not remain in Mental Health Establishments etc.? The Act under Section 20 grants a right of protection from cruel inhuman and degrading treatment and Section 21 provides for a right to equality and non-discrimination. Whether the staffs of already existing mental health institutions have been trained in accordance with these provisions to ensure the realization of these important basic rights? What are the steps taken in fulfillment of the duties imposed on the appropriate Government in this case, the Government of Bihar, vide Chapter VI, in particular Sections 29 and 31 which deal with promotion of mental health and preventive programme and human resource development and training respectively? The State to furnish detailed reasons as to why the time line provided under Section 45 of the Act for the establishment of the Mental Health Authority (nine months) has not been complied with, as noted in our order dated 10.02.2022. As also we note that the order dated 25.02.2022 directed the process to be expedited. What are the steps that have been taken in furtherance thereof. Section 66 of the Act provides the procedure for inspection and enquiry of mental health establishments. Details of inspection and enquiry as also under Section 67, carried out be furnished by the relevant authority before the next date. Section 100 of the Act details duties of Police Officers in respect of persons with mental illness. Whether any training, awareness or sensitization programme has been undertaken to ensure that police officers are able to carry out their duties towards this vulnerable group of people? Section 103 is titled as ‘prisoners with mental illness’. The authorities to furnish particulars of such prisoners as also the steps taken to ensure preparedness of prisons for accepting such
inmates? Section 123 grants power to State Authority to make regulations with respect to minimum standard of quality etc. Whether the State has framed such Rules? If in the affirmative, a copy of the said Rules be supplied to the Court."
The order reads: "We may also note that the importance of this Act is reflected also in Section 125 where the Central Government has been bestowed with the power to remove any difficulty arising in giving effect to the provisions of the Act. Although there was a limitation to this section of two years from the date of commencement of the Act, the legislative intent is clearly that of furthering and improving the mental health institutions and their regulations. It is saddening to see that the State of Bihar even after the passing of more than four and half years has not taken adequate steps in line with the intention of the Parliament. Even more so, in the light of the fact that the National Mental Health Programme (NMHP) was launched by the Central Government as far as back in 1982 with the following objectives:-
1. To ensure the availability and accessibility of minimum mental healthcare for all in the foreseeable future, particularly to the most vulnerable and underprivileged sections of the population;
2. To encourage the application of mental health knowledge in general healthcare and in social development; and
3. To promote community participation in the mental health service development and to stimulate efforts towards self-help in the community;
And yet the entire State of Bihar since after its bifurcation has only one functioning unit and even for that sufficient particulars have not been furnished. It is only after a public spirited person approaches this Court that action is initiated albeit with continued lethargy."
The State did not address any one of the issues in its affidavit dated March 23, 2022 filed by the Chief Secretary, Government of Bihar. From the supplementary counter affidavit dated March 23, 2022, filed by the Chief Secretary, Government of Bihar, it was not clear as to whether the provisions of Rule 6 of the Mental Healthcare (State Mental Health Authority) Rules, 2018 has been complied with. It was not clear as to whether the provisions of Section 62 of the Mental Healthcare Act, 2017 stands complied with. The Court noted that there is only one mental health establishment registered within the State of Bihar although almost 1/10th people of India live within the State of Bihar.
The Court directed Respondent No. 1, namely, the Union of India through its Secretary, Ministry of Health and Family Welfare to file an affidavit dealing with each one of the averments made in the petition, also specifying as to whether each one of the statutory provisions and the rules framed thereunder were complied with.
The 2-page long order dated April 7, 2022 noted that Chief Secretary, Government of Bihar filed his supplementary counter affidavit dated April 7, 2022 vide notification dated April 6, 2022 constituting State Mental Health Authority, as envisaged under the provisions of the Mental Health Care Act, 2017. This exercise was undertaken only pursuant to the directions issued by the High Court vide order dated April 1, 2022. The counter affidavit stated that a 272 bedded new hospital at BIMHANS, Koilwar at the cost of Rs. 128.96 Crores was being set up.
Notably, the High Court had passed orders dated February 13, 2014 and January 5, 2015 In the matter of News Reports published in The Hindustan Times, Patna Dated 24/10/2013 vs. The State of Bihar & Ors. in CWJC No. 21462 of 2013.
In its order dated June 27, 2022, the Court noted that Additional Solicitor General "placed on record a chart indicating the budgetary allocation with respect to the National Mental Health Programme (NMHP) under Flexible Pool for Non Communicable Diseases (NCDs) under NHM during the period from 2018-19 to 2020-21. Evidently, there is reduction in the budgetary allocation with each succeeding year. We are informed that only on account of non-utilization of funds, the Central Government has taken such a measure."
In its order dated September 27, 2022, it was recorded that the State Mental Health Review Board and State Mental Health Fund was constituted. In its order dated November 16, 2022, it recorded that Review
Board as envisaged under Section 73 of the Mental Health Act, 2017 was not constituted. There were more than 11.2 million persons, moreso below the age of 35 years, who are suffering from several psychiatric disorders as defined under the Act.
In its 2-page long order dated December 8, 2023, High Court's Division Bench of Justices K. Vinod Chandran and Rajiv Roy recorded the affidavit dated October 12, 2023 by the respondent pointed out that the State Mental Health Authority and the State Mental Health Review Board have been constituted. The Mental Health Review Board have been constituted in 9 divisional headquarters of the State, i.e. Patna, Chapra, Gaya, Muzzaffarpur, Bhagalpur, Purnea, Saharsa and Munger under the Chairmanship of District and Sessions Judges, the Districts which is the divisional headquarters. The order reads: "The District Judges of the divisional headquarters afore-mentioned shall file a report on the intimation of such constitution having been received by them and the steps taken to convene the Review Board, within a period of four weeks from today. The Registry shall issue a certified copy of this order to the above said District Judges at the divisional headquarters, who shall file a report through the Registrar General."
The High Court' Division Bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy, passed a 2-page long order dated November 22, 2024 recorded that out of the nine Divisional Commissionerates, in eight Commissionerates Mental Health Review Boards have been constituted, however, in Saran, no Board has been constituted for reason of the district having no medical colleges and no psychiatrist. The Court observed: "2. We do not think that this is a reason to not constitute a Board for the said Divisional Commissionerate also. 3. The learned AAG submits that steps will be taken to constitute a Board in the said district also within a period of two weeks."
In its 3-page long order dated March 7, 2025, High Court's of Chief Justice Ashutosh Kumar and Justice Partha Sarthy recorded that mere setting up of Review Boards in different Commissionerates would not be of any avail to the people suffering from mental health, unless funds were allocated for the purpose. There was no allocation of funds towards making the Mental Health Review Boards functional, thus, rendering the Boards in nine Commissionerates to be in existence only on paper. For effective implementation of the Mental Healthcare Act, 2017, the State must take pro-active steps with respect to prisoners who are suffering from mental health issues. There is no updated report on behalf of the State with respect to the number of half-way homes, shelter accommodation; supported accommodation and other places where persons suffering from mental health issues could be sent. The need for steps for the outreach of the Act to jail inmates remained unaddressed.
The same bench passed a 3-page long order dated May 16, 2025, wherein, it noted that for smooth functioning of the State Mental Health Tribunal, a fund of Rs. 40 lacs was allocated by the Health Department for 2025-26. The order reads: "The allocation of funds to Mental Health Review Boards shall be done after collating all information with respect to such Boards and the proposal of work which can be handed over or entrusted to them. Such allocation also shall be made without wastage of any further time. 4. With respect to the query of the Court regarding outreach of the Mental Healthcare Act, 2017 to jail inmates and the infrastructure in the shape of half-way homes and accommodation shelters, it appears that only information is being sought from the relevant quarters." It recorded that the allocated fund would be meaningless unless it comes to the Board along with the proposal of work programme which was mandated under Section 53(1)(c) of the Act of 2017. 6. Similarly, even with Review Boards, such allocation of fund and proposal for work programme has to be supplied by the State. The Mental Healthcare Act, 2017 and Mental Healthcare (Rights of Persons with Mental Illness) Rules, 2018 command for setting up of a mental health establishment in at-least one prison in the State. It concluded: "8. It has rightly been pointed out that there is no information in the affidavit regarding compliance of such requirement under the Act and the Rules."
Significantly, it was after 38 order have been passed by the High Court that in the case filed on November 20, 2021 and registered on November 25, 2021, that a PIL entitled "In Court on its own motion Regarding matter relates to the Inspection Report" was filed in mid-February 2026.
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