Obligation of IRDAI to ensure persons with disability not unduly prejudiced: HC
IRDAI to ensure that such people are not «unduly prejudiced». Justice Prathiba M Singh, dealing with a petition for health insurance coverage by a person suffering from Tetraplegia, said the «principle of reasonable accommodation» mandates that such persons are provided additional support by the society and the State to enable them to lead a life of equal worth and dignity, and that right to life includes the right to avail healthcare, including medical insurance.
Following several judicial orders, various general and health insurance companies, including four government insurance companies, have launched products for persons with disabilities, the court noted.
The launched products, Justice Singh said, «may not be the most ideal» for persons with disabilities, but this would be the «first step in the process of achieving equality» for them, which is the solemn intent of legislations, including the Right of Persons with Disabilities Act.
The court further stated that the United Nations Convention on the Rights of Persons with Disabilities (PwDs) unequivocally recognises the rights of persons with disabilities to lead a dignified life and to be treated in a non-discriminatory manner, which is also inherently recognised in the Constitution of India.
«Despite these international conventions and statutes which have been enacted recognising the rights of PwDs, actual equality on the ground remains elusive — though there is positive effort in the right direction.
