The court ordered the Insurance Regulatory and Development Authority of India (IRDAI)IRDAI) Take immediate steps to revise the term “degraded life” in its regulations to ensure that such “unacceptable terminology” is not used when referring to persons with disabilities.
Justice Pratibha M Singh said that people with disabilities are entitled to health insurance cover and cannot be discriminated against.
“It is an established position in law that right to life includes right to health and health care is an integral part of the same… The Rights of Persons with Disabilities Act 2016 does not contain any ambiguity as to the right of persons with disabilities to insurance. Sec. 3, 25 and 26 make it clear that persons with disabilities cannot be discriminated against so far as health care and other connected aspects are concerned,” the court said in a recent order. “IRDAI shall convene a meeting of all insurance companies to ensure that the products are designed for persons with disabilities and other persons as per the circular dated June 2, 2020. The process of designing such products shall be monitored by IRDAI And it will be ensured that the said products are introduced at an early date, preferably within two months,” he said.
The court order was passed on a petition by an investment professional who was confined to a wheelchair due to tetraplegia, which left him paralyzed below the chest.
He approached the court after two insurance companies refused to issue him any health insurance policy.
The court noted that the United Nations Convention on the Rights of Persons with Disabilities, 2006 prohibits discrimination against persons with disabilities in the provision of health insurance and in the present case the rejection of the petitioner’s proposal by insurance companies with cryptic rejection letters was disheartening. ,
The court said that irrespective of the economic status of a disabled person, insurance coverage cannot be denied or refused and asked the insurance providers to consider the petitioner’s case for issuing health insurance policies.
“This court is of the opinion that there is no doubt that persons with disabilities shall be entitled to health insurance coverage and the products have to be designed to enable them to obtain health insurance coverage,” the court said.
It observed that even under the regulatory framework insurance companies are required to provide insurance cover to persons with disabilities, persons with HIV as well as persons affected by mental illness and IRDAI should ensure that its circulars and other policies are duly implemented by the insurers. is formally implemented. companies.
“The stand of IRDAI before this Court, both in counter affidavit, circular and oral submissions, does not match that of inaction when the issue was brought to its notice. IRDAI should have stepped in and ensured that the insurance companies were adequately Offer products for persons with disabilities,” the court said.
“The refusal to issue health insurance policy to the petitioner should have been a warning bell to IRDAI. Unfortunately, despite the above legal position and IRDAI’s position on record, there is a disconnect in implementation,” it added.
The court sought status reports from IRDAI and insurance companies and listed the matter for further hearing on March 17.