P&H High Court Seeks Union's Response In Plea Challenging IRDAI Regulations Attributing Term 'Sub-Standard Life' To Persons With Disability

The Punjab & Haryana High Court has sought a response from the Union Government in a petition challenging the attribution of the term "sub-standard life" to describe the quality of life of persons with disabilities in the Insurance Regulatory and Development Authority of India (IRDAI) Health Insurance Regulations, 2016.

Regulations 8(b) and 8(c) mandate that health insurance coverage shall be provided to disabled persons. Clause (b) of the Regulation states that the policy shall also cover the approach and aspects relating to offering health insurance coverage not only to standard lives but also to "sub-standard lives."

Justice Lisa Gill and Justice Sudeepti Sharma issued notice to Union of India, IRDAI, Life Insurance Corporation (LIC), Punjab Government and other authorities.

The plea was filed by Yogesh Kapoor, a person with disability suffering from 100% Cerebral Palsy, seeking direction to modify the terminology "sub-standard lives" in the Regulation 8(c) of the IRDAI Health Regulations, 2016 used for person with disability, so as to ensure that such unacceptable terminology is not used in the Regulations or other documents while referring to persons with disabilities.

It was also submitted in the plea that Kapoor was denied  health insurance policy by LIC because he was suffering with the disability.

Referring to The Rights of Persons with Disabilities Act, 2016, it was submitted that "Person with disabilities cannot be discriminated against insofar as health care and other connected aspects are concerned."

Further, the United Nations Convention of the Rights of Persons with Disabilities, 2006, under Article 25 also prohibits discrimination against persons with disabilities in the provision of health insurance and also requires countries to provide the same in a fair and reasonable manner, it added.

The denial of insurance coverage and refusal to process an application due to disability amounts to discrimination, which is prohibited under the Act. Furthermore, the conduct of respondents violates Fundamental Rights i.e. Articles 14 and 21 of the Constitution, which guarantee equality before law and the right to life with dignity, it added.

The matter is adjourned to October 28, for further consideration.

Sunpreet Singh and Gurmehar Sekhon, Advocates for petitioner.

Amit Thakur, Advocate for Promila Nain, Advocate for- Union of India.

R.S. Pandher, Additional AG, Punjab for respondents for the Punjab Government 

Title: Yogesh Kapoor v. UOI & Ors.

Click here to read/download the order