PIL filed in Supreme Court seeking clarification on GST on Mental Health Services

Anvi Kumar, a 17-year-old Delhi student and the founder of The Mind Canvas, who studies at the Shriram School Aravali in Gurgaon, has filed a Public Interest Litigation (PIL) with the Supreme Court of India. The petition alleges a lack of transparency in the government’s classification of mental health services under the Goods and Services Tax (GST) structure.

This legal action comes after Anvi filed an RTI application on September 13th, requesting clarification from the National Institute of Mental Health and Neurosciences (NIMHANS) in Bangalore. However, the response provided little clarity, leaving important questions about the process and considerations for the 18% GST rate for mental health services unaddressed.

The key issues highlighted were whether the government carried out research or consulted with stakeholders before introducing the tax, as well as whether the impact on mental health care affordability and accessibility was considered.

Furthermore, an answer claiming ‘GST is generally not relevant to Mental Health Services’ was added to a query asking if any mental health services are exempt from the 18% GST rate, raising concerns about the conflicting perspectives around the issue.

Among the responses, NIMHANS stated that “GST is generally not applicable to Mental Health Services,” which created significant confusion, as other responses did not agree with this statement, emphasizing the need for policy clarification. The lack of precise information suggested a potential vacuum in research or stakeholder engagement on the taxation of mental health services.

Along with the PIL, Anvi has launched a Change.org campaign to raise awareness and support for transparent mental health policies that promote affordability and accessibility.

With this Public Interest Litigation, The Mind Canvas and Anvi Kumar aim to advocate for clearer, more informed government policies that promote mental health care and assure its affordability and accessibility to all. Clear classification is key for ensuring that these essential services are handled appropriately, reflecting their importance in total healthcare.