Mental health parity laws equalizing mental health care access in India

Abstract

Mental-health parity meaning equal treatment for mental and physical health conditions within insurance and healthcare delivery has emerged as an essential right in India's evolving public-health jurisprudence. The Mental Healthcare Act, 2017 (MHCA) marks a landmark in this transition, shifting the legal discourse from custodial welfare to a rights-based model emphasizing autonomy, dignity, and equality in treatment. The Act of the Section 21(4) mandates insurance parity, directing insurers to provide the same coverage for mental illnesses as for physical diseases. Yet, enforcement remains inconsistent, impeded by infrastructural inadequacy, insurer non-compliance, and the pervasive social stigma surrounding mental illness. This study analyses the legislative, regulatory, and judicial developments surrounding parity in India, focusing on the interplay between the Mental Healthcare Act (MHCA), Insurance Regulatory and Development Authority of India (IRDAI) circulars, and Supreme Court jurisprudence under Article 21 of the Constitution. The analysis reveals persistent implementation deficits and calls for integrated regulatory reform mandatory audits, fiscal incentives, and judicial supervision to bridge the law practice gap. Using a doctrinal and secondary-source methodology, the paper situates India's parity framework within comparative international experience and argues that the right to mental healthcare must evolve from formal parity to substantive equality through accountability, funding, and institutional capacity.