The Delhi High Court has asked the Insurance Regulatory and Development Authority of India (IRDAI) to consider the manner in which health policies can be designed for persons with hearing disabilities and persons with implants.
The single-judge bench of Justice Prathiba M. Singh while adjudicating upon a writ petition challenging the denial of a health insurance policy to a minor who was suffering Bi-Lateral Hearing Loss insisted that the IRDAI while submitting its position to the Court shall consider the existing Policies and Guidelines as may be applicable to persons with disabilities.
The petitioner-father who had a family insurance policy which included their elder daughter at that stage, sought renewal of the same to include their minor son as a co-insured after disclosing his hearing disability.
The Insurance Company, however refused the request on the ground that such a disability would not be covered by their underwriting policy. It is the petitioner's case that it is completely discriminatory of disabled persons including disabled children.
His Counsel cited `Guidelines on standardization of exclusions in health insurance contracts’ issued by the IRDAI dated 27th September, 2019 to argue that the insurance company can have certain exclusions but only on the condition that there could be no insurance given even after levying further loading charges on the policy.
The Court cited one of its case wherein the Petitioner was suffering from Tetraplegia and was refused a health insurance policy. The Court remarked that as per the order, IRDAI was to call a meeting of all the insurance companies to ensure that products are designed for persons with disabilities in terms of the circular dated 2nd June, 2020.
The Court prima facie opined that deniel of insurance policy to petitioner would be contrary to the provisions in favour of Persons with Disabilities under the Rights of Persons with Disabilities Act, 2016.
Noting that the respondent is a respected Corporate Group, the Court remarked that it is expected that persons with disabilities would be treated compassionately. The Court also stressed that society in general also has a duty towards persons with disabilities and there is a need to consider and provide for specific products covering disabilities, for such persons.
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