SC notice to Centre, IRDA on plea against exclusion of epilepsy from insurance coverage

The petition sought setting aside of IRDA's master plan for violation of the rights of the Persons with Epilepsy under Articles 14 and 21.

The Supreme Court on Tuesday sought response from the Centre on a plea against exclusion of epilepsy from health insurance coverage.

A bench comprising Justices B V Nagarathna and Satish Chandra Sharma issued notices to the Centre and the Insurance Regulatory Development Authority of India (IRDA) on a plea filed by NGO Sanvedana Foundation.

The petition sought setting aside of IRDA’s master plan for violation of the rights of the Persons with Epilepsy under Articles 14 and 21. The Insurance Regulatory and Development Authority of India Master Circular on Standardisation of Health Insurance Products has excluded epilepsy from coverage. Health insurance policies do not cover epilepsy directly as it is classified as a neurological disorder or as an existing condition.

"It is submitted that the exclusion in question, which is central to the present petition, results in Persons with Epilepsy facing significant restrictions in accessing healthcare. ”Prima facie, the decision to include Epilepsy as a disease under ’permanent exclusion’, for which treatment is not required to be covered under general health insurance policies, is both unscientific and unconstitutional. The exclusion arises from a faulty presumption that all health-related illnesses of Persons with Epilepsy arise due to epilepsy,” the plea said.