PIL in Supreme Court seeking clarity on GST for Mental Health Services
A 17-year-old Delhi student and founder of The Mind Canvas, Anvi Kumar, a student of The Shriram School Aravali, Gurgaonhas filed a Public Interest Litigation (PIL) with the Supreme Court of India. The petition challenges the lack of transparency in the government’s categorization of mental health services within the Goods and Services Tax (GST) framework.
This legal move follows an RTI application filed by Anvi on September 13th, which sought clarification from the National Institute of Mental Health &Neurosciences (NIMHANS) in Bangalore. The response received, however, provided limited information, leaving essential questions on the process and considerations behind the 18% GST rate on mental health services largely unanswered.
Key questions raised included whether the government conducted research or engaged with stakeholders before implementing the tax, and whether considerations were made regarding the impact on affordability and accessibility of mental health care.
Furthermore, a response stating ‘GST is generally not applicable to Mental Health Services’ was attached to a query probing if any mental health services are exempt from the 18% GST rate, raising concerns over the varying perceptions around the matter.
Among the responses, NIMHANS noted that “GST is generally not applicable to Mental Health Services,” creating a notable ambiguity, as other responses did not align with this statement, underscoring the need for policy clarity. The absence of specific information also highlighted a possible gap in research or stakeholder engagement on the taxation of mental health services.
