Bihar and the mental health crisis: The Patna High Court, in a strongly worded observation, has held that keeping mentally recovered patients confined to psychiatric hospitals, simply because half-way homes lack space, amounts to a violation of human rights under the Mental Healthcare Act, 2017. A Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a suo motu matter concerning mental health infrastructure in Bihar.
26 recovered patients still confined, nowhere to go
At the heart of the matter is a troubling situation at BIMHAS (Bihar Institute of Mental Health and Allied Sciences), Koilwar, Bhojpur. The Director of BIMHAS had informed police authorities that 67 patients had already recovered and needed to be shifted either to their homes or to half-way homes where vocational and skill-based training could be provided.
However, 26 of these recovered persons remained in the mental hospital because no vacant space was available in any half-way home.
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The bench observed that such a situation was lamentable, noting that cured patients stuck inside psychiatric wards could feel as though their recovery had not been recognised at all.
Forcing a recovered person to stay in a mental hospital even for a single day, the court stated, is a recognised violation of human rights.
What the law says
Referring to Section 19 of the Mental Healthcare Act, 2017, the court observed that persons cured of mental ailments have a right to community living and cannot be segregated merely because they are homeless, lack family support, or because adequate community facilities are unavailable.
The provision places a clear obligation on the state to facilitate reintegration, not prolonged institutionalisation.
Skill training and infrastructure on the horizon
On the question of rehabilitation, the state had floated a tender for selection of an agency to impart skill-training programmes, with the last date for bids being May 13, 2026.
The court expressed hope that once an agency was selected, the process would move quickly so that recovered patients in half-way homes could receive training to become self-sufficient.
The court also noted four proposed infrastructure schemes at BIMHAS, construction of a rest house for attendants, repair and construction of boundary walls, development of a playground, and park development, involving approximately Rs. 5.33 crores, for which sanction was stated to be under process.
The matter will next be listed on June 23, 2026.