Patna HC Flags 'Human Rights Violation' In Keeping Recovered Mental Health Patients In Hospitals Due To Lack Of Half-Way Homes

The Patna High Court has observed that compelling recovered mental health patients to continue staying in mental hospitals because of lack of space in half-way homes amounts to a recognised 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.

The Court was informed through affidavits filed by prison and health authorities that Mental Healthcare Units had already been established in four jails in Bihar: Adarsh Central Jail, Beur, Patna; Shahid Khudi Ram Bose Central Jail, Muzaffarpur; Shahid Jubba Sahani Central Jail, Bhagalpur; and Central Jail, Gaya Jee. The State further stated that five additional dedicated wards were proposed in prisons at Bhagalpur, Motihari, Purnea, Bettiah, and Darbhanga.

The Bench recorded its “deep satisfaction” regarding the positive steps taken by prison authorities to comply with earlier directions of the Court. The matter also concerned patients at BIMHAS, Koilwar, Bhojpur, who had recovered from mental ailments but continued to remain institutionalised.

The Court noted that the Director, BIMHAS had informed the police authorities that 67 patients had already recovered and were required to be shifted either to their homes or to half-way homes where vocational and skill-based training could be provided. However, according to the affidavit filed by the Dy. S.P. (S.J.P.U.) C.I.D. (W.S.), Bihar, 26 recovered persons still remained in the mental hospital because no vacant space was available in any half-way home.

The Court observed:

“This is a lamentable situation since the cured patients might be feeling that they are still not recovered. Forcing or compelling a cured or recovered patient to stay in the mental hospital, even for a single day, is a recognised violation of human rights.”

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 Advocate General assured the Court that interim arrangements would be made for the 26 persons before completion of two additional half-way homes expected by June 2026. The Court further observed that the State must make advance arrangements for creation of half-way homes so that cured patients do not spend “even a single day” in mental hospitals after recovery.

The Bench also dealt with rehabilitation and vocational training for recovered patients. It noted that the State had floated a tender for selection of an agency to impart skill-training programmes, with the last date for bids being 13.05.2026. The Court expressed hope that once finalised, expeditious steps would be taken to ensure recovered patients in half-way homes receive training enabling them to become self-sufficient.

The Court additionally took note of 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 23.06.2026, when senior officials including the Principal Secretary, Health Department, Director, BIMHAS, D.G. of Police, Bihar, and I.G. of Prisons are to remain present virtually.

Case Title: Court on its own motion Regarding matter relates to the Inspection Report v. State of Bihar.

Case No.: Civil Writ Jurisdiction Case No. 2805 of 2026.

Appearance: Ms. Anukriti Jaipuriar and Mr. Raju Patel for the Petitioners. Mr. P.K. Shahi, Advocate General, Mr. Vikash Kumar and Mr. Amish Kumar for the State. Mr. Kumar Priya Ranjan, Sr. Advocate, Mr. Shivaditya Dhari Sinha, Mr. Abhinav, Mr. Sudharshan Bhardwaj and Mr. Sandeep Kumar for the Union of India. Mr. Vishal Kumar Singh for the Petitioners in connected matter. Dr. K.N. Singh, Sr. Advocate for the Respondents.

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