Whether Insurance Company is bound to give coverage for mental illness along with physical illness?

Can mental illness be treated differently from physical illness for medical insurance purposes, is the question that arises in the present petition.

3. The petition raises an important issue relating to insurance coverage for mental illnesses and the provision of non-discrimination qua such illnesses as enshrined in Sections 21(1)(a) and 21(4) of the Mental Healthcare Act, 2017 (hereinafter, ‘MHA, 2017’).

27. It is clear from a perusal of the provisions of MHA, 2017, as also the provisions of the IRDAI Act, 1999 that immediately upon the MHA, 2017 coming into force, all insurance products ought to have extended the same treatment for mental and physical illnesses and remove any clause that discriminate between the same. The Insurance Ombudsman’s order which holds that the provisions of the MHA are not relevant to the present Petitioner is untenable. The MHA, 2017 has come into effect from May/July, 2018, and thus the exclusion in the Healthcare Policy of NICL with respect to “all psychiatric and psychosomatic disorders/diseases”, under Clause 4.10 as noted above, is contrary to law.

31. The Insurance Ombudsman’s order failed to consider the fact that the MHA, 2017 recognised the rights of the Petitioner and the conclusion of the Insurance Ombudsman that the provisions of the MHA, 2017 are not relevant, is completely contrary to law and is untenable. The MHA, 2017 and the provisions thereof, are absolutely relevant for a person who was suffering from Schizoaffective Disorder. Thus, the Petitioner was entitled for reimbursement of her claim as per the provisions of the MHA, 2017.

33. It is made clear that NICL and 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. IRDAI would circulate a copy of this order in order to enable compliance by all the insurance companies.

IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 3190/2021

SHIKHA NISCHAL Vs NATIONAL INSURANCE COMPANY LIMITED

CORAM:

JUSTICE PRATHIBA M. SINGH

Date of decision: 19th April, 2021

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Bombay HC: Procedure to be followed by Court if accused is suffering from mental illness.

 In terms of sub-section (2) of Section 330 of the

Code of Criminal Procedure, if the case is one in which, in the

opinion of the Magistrate or Court, as the case may be, the

bail cannot be granted, it shall order the said accused to be

kept in such a place where regular psychiatric treatment can

be provided and shall report the action taken to the State

Government.{Para 12}

13. In terms of sub-section (1) of Section 103 of the

Mental Healthcare Act, 2017, if any order is passed under

Section 330 of the Code of Criminal Procedure directing

admission of the prisoner with mental illness into any

suitable mental health establishment, shall be suffcient

authority for the admission of such person in such

establishment to which such person may be lawfully

transferred for care and treatment therein. The learned A.P.P.

has suggested that the applicant may be referred to the

Regional Mental Hospital, Yerwada, Pune for admission, care

and further treatment.

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

901 BAIL APPLICATION NO.1426 OF 2020

Shankar Sopan Shikare Vs  The State of Maharashtra

CORAM : V.K. JADHAV, J.

DATE : 10.12.2020

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Important provisions of Mental Healthcare Act, 2017

RESPONSIBILITIES OF OTHER AGENCIES

100. Duties of police officers in respect of persons with mental illness.—(1) Every officer in charge of a police station shall have a duty—

(a) to take under protection any person found wandering at large within the limits of the police station whom the officer has reason to believe has mental illness and is incapable of taking care of himself; or

(b) to take under protection any person within the limits of the police station whom the officer has reason to believe to be a risk to himself or others by reason of mental illness.

(2) The officer in charge of a police station shall inform the person who has been taken into protection under sub-section (1), the grounds for taking him into such protection or his nominated representative, if in the opinion of the officer such person has difficulty in understanding those grounds.

(3) Every person taken into protection under sub-section (1) shall be taken to the nearest public health establishment as soon as possible but not later than twenty four hours from the time of being taken into protection, for assessment of the person's healthcare needs.

(4) No person taken into protection under sub-section (1) shall be detained in the police lock up or prison in any circumstances.

(5) The medical officer in charge of the public health establishment shall be responsible for arranging the assessment of the person and the needs of the person with mental illness will be addressed as per other provisions of this Act as applicable in the particular circumstances.

(6) The medical officer or mental health professional in charge of the public mental health establishment if on assessment of the person finds that such person does not have a mental illness of a nature or degree requiring admission to the mental health establishment, he shall inform his assessment to the police officer who had taken the person into protection and the police officer shall take the person to the person's residence or in case of homeless persons, to a Government establishment for homeless persons.

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Notification on Mental healthcare Act 2017

https://drive.google.com/file/d/1pkSW8IeDHrTTIfv0jrOyv383xJQXmQyC/view?usp=sharing

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Whether Identity of mentally ill person should not be disclosed even in judgments of courts?

 In line with Section 23 (1) of the Mental Healthcare Act, 2017,
(Act 10 of 2017) and the right to privacy of the accused herein,
while taking further action on this judgment, we direct the
Registry to not disclose the actual name of the accused and other
pertinent information which could lead to his identification as it
concerns confidential information. In this context we shall
address the accused herein as ‘accused x’.

REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
REVIEW PETITION (CRIMINAL) NO. 301 OF 2008
IN
CRIMINAL APPEAL NO. 680 OF 2007

ACCUSED ‘X’  Vs  STATE OF MAHARASHTRA 

N. V. RAMANA, J .
Dated: APRIL 12, 2019

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Mental Healthcare Act, 2017 has come in force on May 29, 2018-Its notification

 http://www.egazette.nic.in/WriteReadData/2018/185967.pdf
https://en.wikipedia.org/wiki/Mental_Health_Care_Act,_2017

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Mental health care Act 2017-No prosecution for attempt to commit suicide

Presumption of severe stress in case of attempt to commit suicide.

115. (1) Notwithstanding anything contained in section 309 of the Indian Penal Code
any person who attempts to commit suicide shall be presumed, unless proved otherwise, to
have severe stress and shall not be tried and punished under the said Code.

(2) The appropriate Government shall have a duty to provide care, treatment and

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