Patna High Court Directs State To Set Up 24x7 Toll-Free Reporting System For Persons With Mental Illness; Seeks Compliance Report

The Court was hearing a suo motu public interest litigation concerning deficiencies in mental healthcare infrastructure and implementation of statutory safeguards for persons with mental illness in the State of Bihar.

A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar observed: “The Additional Director General shall do the needful to give a Toll Free Number by way of public notice at important public places to raise public awareness through print and electronic media and also through prominent digital placement so that whosoever detects such a person who appears to be, prima facie, suffering from mental health issues and wandering on the streets can give information over such Toll Free Number to the Authority concerned which is to be made available 24x7 for providing emergency assistance and non-emergency support and immediately on getting the information, the concerned S.H.O./the police authorities shall be intimated by the authority to facilitate them to take necessary steps in accordance with Section 100 of the Mental Health Care Act, 2017”.

Advocates Raju Patel and Anukriti Jaipuriyar appeared as Amicus Curiae. D.R. K.N. Singh, ASG, represented the respondents.

Background

The proceedings arose from an inspection report submitted by the Bihar State Legal Services Authority, highlighting deficiencies in mental health infrastructure, particularly at the Bihar Institute of Mental Health and Allied Sciences (BIMHAS).

Pursuant to earlier directions, multiple authorities, including the Health Department, State Mental Health Authority, Director General of Police, Inspector General of Prisons, and BIMHAS were directed to file status reports regarding compliance with the Mental Healthcare Act, 2017, including constitution and functioning of Mental Health Review Boards, availability of treatment facilities, rehabilitation mechanisms, and provision of legal aid.

The State filed affidavits detailing steps such as constitution of statutory authorities, expansion of district mental health programmes, supply of free medicines, and conduct of awareness programmes. Police authorities informed the Court that directions had been issued to sensitise officers regarding duties under Section 100 of the Mental Healthcare Act, 2017.

However, it was submitted by the Amicus Curiae that gaps persisted in areas such as identification of persons with mental illness, coordinated response mechanisms, availability of halfway homes, vocational rehabilitation, and effective legal aid.

Court’s Observation

The Court examined the responses of the authorities and emphasised the need for a structured and coordinated mechanism for the identification, assistance, and rehabilitation of persons with mental illness.

At the outset, the Court underscored the importance of public participation in identifying such persons and directed the establishment of a toll-free reporting mechanism to enable citizens to alert authorities. It held that such a system must be operational round the clock and widely publicised to ensure accessibility.

The Court further directed that upon receipt of information through the toll-free number, immediate coordination must be ensured between the concerned authority and local police, in compliance with statutory obligations. In this regard, it reiterated: “the concerned S.H.O./the police authorities shall be intimated… to take necessary steps in accordance with Section 100 of the Mental Health Care Act, 2017.”

The Court also emphasised the requirement of maintaining data and accountability mechanisms. It directed that detailed affidavits be filed indicating the number of cases detected, awareness notices issued, and steps taken for treatment and rehabilitation. It observed: “Let an affidavit be filed by the next date indicating the steps taken by the different authorities in pursuance of the letter dated 06.03.2026 issued under Annexure- A/1, bringing on record the numbers of the cases detected, the public awareness notices issued in different areas with Toll Free numbers, the steps taken for providing treatment/rehabilitation to such persons having mental health issues in detai”l.

The Court further examined the issue of rehabilitation of persons discharged after treatment and noted the absence of clear information regarding vocational training and reintegration into society. It directed the State to furnish detailed information in this regard, including financial assistance and employment support: “the State shall submit a report disclosing the details of the vocational training imparted… and the finance and the work provided to them to make them self-sufficient…”

The Court also took note of the submission made by the Inspector General of Prisons regarding steps taken under Section 103 of the Mental Healthcare Act, 2017, and granted time for filing a comprehensive response.

Further, the Court considered the role of the Bihar State Legal Services Authority and directed submission of a report regarding legal aid facilities provided to persons with mental illness, particularly those undergoing treatment at BIMHAS.

The Court emphasised that effective implementation of the Mental Healthcare Act, 2017 requires coordinated action across departments, including police, health authorities, legal services institutions, and prison administration.

Conclusion

The Court directed the State and concerned authorities to establish a 24x7 toll-free reporting system, ensure its wide publicity, and file detailed compliance reports on detection, awareness, treatment, rehabilitation, vocational training, and legal aid for persons with mental illness.

The matter was directed to be listed on the next date for further monitoring of compliance.

Cause Title: Court On Its Own Motion v. State of Bihar & Ors.

Appearances

Petitioner (Suo Motu): Advocates Raju Patel & Anukriti Jaipuriyar (Amicus Curiae)

Respondents: P.K. Shahi, Advocate General, D.R. K.N. Singh, ASG; Advocates Kumar Priya Ranjan & Sandeep Kumar

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