Author: Shanmayie Natchiyar M
Course: BA.,LLB.,
College: Symbiosis Law School, Nagpur
India’s mental health story has changed radically in recent times. Discussions around anxiety, depression, trauma, and stress—which previously were stifled by stigma—are now finding their way into the mainstream. Celebrities, social media personalities, and even the workplace are talking about mental health issues. But this positive cultural change has not been accompanied by legal safeguarding. India’s existing legal framework does not sufficiently safeguard individuals with mental illness from discrimination in major areas of life—such as work, education, housing, insurance, and access to services.
A Promising Start, But There Are Gaps
The Mental Healthcare Act, 2017 (MHA 2017) was a reformative milestone. It acknowledged mental illness as a valid medical issue and ensured the right to affordable care, dignity, and non-discrimination in healthcare facilities. The act also decriminalized suicide attempts and highlighted the rights of individuals to make choices for their mental health care.
But the MHA’s protections are largely restricted to the clinical environment. It does not prohibit discrimination in employment, education, housing, or insurance explicitly. Nor does it require accommodation for those with mental health issues in these spheres. Consequently, millions of individuals remain vulnerable to systemic discrimination—sometimes without any redress under the law.
Case Law: Gaurav Kumar Bansal v. Union of India (2016)
A milestone case which brought to the fore the failure of the state in protecting the rights of the mentally ill was Gaurav Kumar Bansal v. Union of India & Others. It was brought as a Public Interest Litigation (PIL) before the Supreme Court and concerned the inhuman and degrading treatment of mentally ill patients residing in state mental health institutions.
Important points:
The petitioner, Gaurav Kumar Bansal, had contended that thousands of mentally ill patients were lodged in institutions despite being cured, as their families did not accept them back and rehabilitation systems were non-existent.
The Supreme Court asked all the states and Union Territories to follow the Mental Healthcare Act and provide rehabilitation, dignity, and appropriate after-care to such patients.
The court underscored that “people with mental illness are entitled to live in their communities and not be segregated or institutionalized forever.”
This case highlights the courts’ acknowledgment of mental illness as a human rights issue. But it also illustrates the absence of systemic protections available for individuals with mental illness, particularly outside of medical facilities—like in the workplace, at home, and at school.
Workplace Discrimination: A Silent Crisis
In India, most workers with mental health conditions keep their illnesses hidden. They fear appearing weak, untrustworthy, or unproductive. There’s a good reason to fear this—no Indian labor law requires employers to accommodate mental illness. There is no legal relief from being fired or denied promotion based on a diagnosis of mental illness.
Physical disabilities have some protection under the Rights of Persons with Disabilities Act, 2016, to a certain extent, with some mental illnesses covered—but only extreme, ongoing conditions. Most prevalent mental health issues such as anxiety, PTSD, or mild depression are beyond the scope of this Act.
A burnout manager, for example, might be pushed out instead of being helped. A person with bipolar disorder might be viewed as a liability rather than being provided flexible work options or counseling assistance. In the absence of laws mandating employers to design mentally healthy workspaces, the majority of organizations are self-regulated to some extent.
Housing and Education: No Safe Spaces
Mental health discrimination also appears in housing and education. Tenants with a established history of mental illness are usually denied accommodations or requested to leave. Landlords provide reasons of “safety” or “trouble,” despite the absence of any occurrence. But such refusals are lawful, since discrimination in housing based on mental health isn’t prohibited by Indian law.
In schools and colleges, students who are emotionally or psychologically challenged are routinely excluded or punished. Institutions do not have trained counselors, and teachers might not even see early warning signs of distress. Without legal or official guidance, students endure silently—or quit school altogether.
Insurance and Financial Discrimination
Mental health discrimination extends to the financial sector as well. For many years, health insurance policies excluded coverage for mental illness, citing it as a non-physical condition. Though the MHA 2017 requires insurers to treat mental illness on par with physical illness, enforcement has been inconsistent.
Only following intervention by the Insurance Regulatory and Development Authority of India (IRDAI) were insurers asked to modify their policies. Even today, exclusions, waiting periods, and restricted coverage continue—essentially penalizing individuals with mental health issues.
International Standards: A Model for Reform
Various nations provide good models for India to emulate:
- The UK’s Equality Act, 2010 prohibits discrimination based on disability, including mental illness, in employment, education, housing, and public services.
- The Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations and forbids job discrimination against people with mental illness.
- In Australia, the Disability Discrimination Act specifically includes mental illness, guaranteeing equal access to work, healthcare, and education.
- These models show how a legal system can guarantee both dignity and equality for people with mental health issues.
What India Needs to Do Now
In order to bridge the gap between awareness and protection, India needs to take some serious legal actions:
- Modify existing anti-discrimination legislation to clearly add mental health as a protected category.
- Reform labor laws to include mental health accommodations such as flexible work schedules, covered medical leave, and support systems for stress-related issues.
- Organize grievance redressal systems in workplaces, schools, and housing authorities for those who experience discrimination.
- Facilitate implementation of MHA 2017 provisions, particularly in insurance and community care.
- Include education on mental health in schools, civil services induction, and the police to promote awareness and decrease stigma.
- Establish a Mental Health Commission, with the power to investigate complaints, oversee policy implementation, and promote rights.
Conclusion: A Legal and Moral Imperative
Mental health is an integral component of human well-being. But for many Indians, existing with mental illness means encountering discrimination, exclusion, and silence—and without the law to shield them.
The Supreme Court’s ruling in Gaurav Kumar Bansal v. Union of India demonstrated the existence of judicial conscience. But it takes statutory guarantees—defined, enforceable rights that safeguard people in workplaces, schools, and homes—to bring lasting change. India doesn’t require more awareness—it requires stronger, smarter laws that guarantee no mental illness will ever be a hindrance to dignity, opportunity, or justice.
