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Discrimination On The Basis Of Genetic Disorders: A New Way To Reject The Insurance Claim?
The Delhi High Court in a case, held that the discrimination in health insurance against individuals based on their genetic heritage, in the absence of appropriate genetic testing and laying down of intelligible differentia is unconstitutional. The Supreme Court partially stayed the above order.
On an appeal filed by the United India Insurance Company, the Bench directed that the Insurance Regulatory and Development Authority (IRDA) to be joined as respondent. It was held by the High Court that-
- The right to avail health insurance is an important part under the right to healthcare, as guaranteed under Article 21 of the Constitution of India.
- The exclusionary clause of genetic disorders in insurance policies is too broad and thus, it is violative of Article 14 of the Constitution of India.
- There is an urgent need to frame a proper framework to protect the confidentiality of genetic data and that the insurance companies are free to make their contracts, based on reasonable differentia, which should not be arbitrary. Thus, it is for the lawmakers to take necessary steps.
The Supreme Court, ordered stay on the judgment based the above conclusions. The IRDA has been ordered to re-consider the exclusionary clauses in the insurance contracts and ensure that the companies do not reject the claim on the basis of exclusions relating to genetic disorders.
