JUDGMENT :

(Prathiba M. Singh, J.)

1. This hearing has been done through Video Conferencing.

2. 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’).

4. The Petitioner in the present case regularly obtained health insurance policies from Respondent No. 1 - M/s National Insurance Company Limited (hereinafter, ‘NICL’), since 2016. The last policy was purchased by her on 29th May, 2020, named as ‘National Mediclaim Policy’ (hereinafter, ‘Healthcare Policy’). The said Healthcare Policy is valid for a period of one year 28th May, 2021. The sum insured was Rs. 3,95,000/-.

5. In June, 2020, the Petitioner developed a certain illness for which she obtained treatment from Sukoon Hospital, Gurugram. She was admitted in the hospital on 28th June, 2020 and was discharged on 28th July, 2020, after a month of treatment. The total expenses incurred by h