New Delhi: The Supreme Court on Tuesday issued notice to the Insurance Regulatory and Development Authority of India (IRDA) in a Public Interest Litigation (PIL) challenging the permanent exclusion of epilepsy from health insurance coverage. reports Dynamite News correspondent.
The petition, filed under Article 32 of the Constitution, seeks relief for Persons with Epilepsy (PWE), arguing that the exclusion is discriminatory and violates fundamental rights under Articles 14 and 21.
According to Dynamite News correspondent, a bench comprising Justice B.V. Nagarathna and Justice Satish Chandra Sharma issued the notice after hearing submissions that the IRDA's Master Circular dated July 22, 2020, mandates a permanent exclusion of epilepsy from standard health insurance policies.
The petitioner contended that the exclusion unjustly deprives persons suffering from epilepsy of access to adequate healthcare and insurance benefits available to those with other medical conditions.
It was argued that the policy is unscientific, irrational, and based on outdated assumptions regarding the risks associated with epilepsy. “It is submitted that the decision to classify epilepsy as a disease under permanent exclusion is not only scientifically flawed but also unconstitutional,” the plea stated.
The petition emphasised that the denial of insurance coverage results in serious restrictions on the ability of PWEs to access necessary medical treatment.
Highlighting advancements in epilepsy treatment, the petitioner pointed out that up to 70% of individuals living with epilepsy can attain complete seizure remission through timely and appropriate Anti-Seizure Medications (ASMs).
The blanket exclusion fails to acknowledge these medical developments and perpetuates stigma and discrimination, the petitioner argued.
Further, the petition claimed that IRDA and health insurance providers make a flawed presumption that all health complications in PWEs stem from their epilepsy diagnosis, which is not always the case.
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