The Insurance Regulatory and Development Authority of India (IRDAI) is facing a High Court case following accusations of not granting insurance cover for people with congenital anomalies.
The petition was presented by Nipun Malhotra, a disability rights activist who was born with locomotor disability, a congenital disease that restricts the movement of the limbs.
Malhotra has called on the IRDAI to remove the ‘congenital anomalies’ clause from the standardised definition of its July 2016 circulars.
Currently, if a person is affected by congenital anomalies – structural or functional anomalies that can occur during the period between conception and birth, also known as ‘birth defects’ – they are not eligible for insurance cover.
The petition did not specify if the insurance was for life, health or another form of cover.
Rights breach
Malhotra declared the IRDAI guidelines “arbitrary” and “illegal”, and accused the body of breaching the rights of people with disabilities.
According to the petitioner, nearly 5% of people living in Delhi suffer from birth defects and the regulator’s circulars perpetuate exclusion and discrimination against people with disabilities.
The Delhi High Court has asked the IRDAI to “explain the reasonableness” of the clause and why people with congenital anomalies should not be granted insurance cover.
The regulator is required to respond prior to the next hearing on 17 December.
