At a time when deaths due to depression and other mental issues are on a rise in the country, the Supreme Court, in a valid and valubale intervention, has sought response from the Centre and the Insurance Regulatory Development Authority (IRDA) on a plea alleging violation of provisions of Mental health law, which deals with right to equality and non-discrimination.
A bench of Justices R F Nariman, Navin Sinha and B R Gavai issued notice on the plea and sought their responses. Advocate Gaurav Kumar Bansal, appearing as petitioner in-person, said during the hearing that Section 21 (4) of Mental Health Act 2017 provides for inclusion of mental illness in insurance policies but till date because of the red tape attitude of IRDA, the provision has not been complied with.
According to the petitioner, the failure of IRDA in not regulating insurance companies to implement section 21 (4) of Mental Health Act 2017, is creating lot of hardship to mentally ill persons.
Bansal said the grievance is that despite having specific provisions under the law, IRDA is reluctant in taking immediate action. He added that the bias of IRDA is in itself discrimination against persons with mental illness and as such is causing immense hardship for persons with mental illness.
Instead of levying punishment on Insurers for not including the provision of the Mental Health Care Act, 2017, IRDA is bypassing its responsibilities. The advocate said that IRDA was formed with the prime mission to protect the interests of the policy- holders but its acts seem to divert from its main motive.
As per the plan, that one of the Right which Mental Healthcare Act 2017 provides is that insurer is directed to not to discriminate with Person with Mental Illness (PMI) only on the basis of mental illness and as such is further mandated by the Parliament of India to treat Persons with Mental illness alike others as far as medical insurance is concerned.
It said that following the enactment of law, IRDA had on August 16, 2018 issued a circular to all the insurers to comply with the provisions of the Mental Health Act, 2017. He said his grievances are that despite having specific provisions under the law, IRDA is reluctant in taking immediate action. The plea sought direction to IRDA to implement provisions of Mental Healthcare Act-2017 in letter and spirit and submit an action taken report. Time has come to include mental illnesses too in insurance policies.