SC issues notice to Centre and IRDA to provide insurance cover for mental illness

The Supreme Court on June 16 has issued notice to the Centre and Insurance Regulatory and Development Authority (IRDA) on a Public Interest Litigation (PIL) seeking direction to all insurance companies to extend medical insurance for treatment of mental illness. The move comes barely two days after the death of Bollywood actor Sushant Singh Rajput, who is alleged to have been in depression before his apparent death by suicide on June 14.

A bench comprising Justices Rohinton Fali Nariman, Navin Sinha and B.R. Gavai issued the notice and sought replies from the Centre and IRDA.

The PIL filed by advocate Gaurav Kumar Bansal argues that despite Section 21 of Mental Health Care Act 2017 specifically stating it, followed by an IRDA order in August 2018, none of the insurance companies are complying with it.

The petition stated that the biasness of the IRDA is in discriminating against persons with mental illness and as such is causing immense hardship for persons with mental illness. According to the petition, instead of levying punishment on Insurers for not including the provision of the Mental Health Care Act, 2017, IRDA is bypassing its responsibilities. The petitioner urged the Supreme Court to direct the Centre and IRDA to issue direction to all insurance companies to extend medical insurance for treatment of mental illness. The PIL relied upon the definition of mental illness under the law. The petition contended that despite Sec 21 (4) of Mental Health Act stating it, followed by August 2018 IRDA order, the insurance companies are not complying, and there is no provision yet to extend medical insurance for treatment of mental illness.