Also, all insurance companies were liable to give effect to Section 21(4) of Mental Health Act, 2017.
The order was passed by a single-judge Bench of Justice Prathiba M Singh.”All insurance companies are liable to give effect to Section 21(4) of the MHA, 2017 with effect from the date when it has come into force i.e., 29th May, 2018.
Mental illnesses ought to be covered without any discrimination,” the order said.The importance of availability of insurance for mental illnesses was emphasised and the Court said,”..mental illnesses can also be debilitating and destructive.
The recent pandemic also highlights this beyond any doubt. Circumstances leading to patients requiring isolation, healthy persons being subjected to lock-downs, work from home conditions, loss of employment leading to lack of confidence for long durations have led to several mental problems.
Such mental conditions need to be dealt with immediately. Availability of insurance for mental disabilities or conditions is, therefore, not only important but is an essential need.”
The Court further added that it was the duty of the Insurance Regulatory and Development Authority of India (IRDAI) to look into the matter and ensure that the provision of the Mental Health Act, 2017 are enforced by all the insurance companies for the benefit of the persons who obtain mediclaim policies.