The Hon’ble Supreme Court of India has issued notice to the Union of India and the Insurance Regulatory and Development Authority of India (IRDAI) in a Public Interest Litigation (PIL) filed by Sanvedana Foundation. The PIL challenges the legality and constitutionality of the IRDAI Master Circular dated July 22, 2020, which permits insurers to exclude epilepsy from health insurance coverage.

Sanvedana Foundation, through CSR-supported initiatives, provides nutritional, medical, and psychosocial support to over 210 Persons with Epilepsy (PwEs) across Maharashtra. Drawing on its direct engagement with affected individuals, the Foundation contends that the exclusion of epilepsy from insurance coverage creates an unjust and discriminatory system, effectively placing life-saving treatment beyond the reach of many.

The matter was heard today by a bench comprising Hon’ble Mrs. Justice B.V. Nagarathna and Hon’ble Mr. Justice Satish Chandra Sharma. Advocate Muhammad Ali Khan appeared on behalf of the petitioner, assisted by Advocates Arjun Sharma and Gurbani Bhatia.

The petition asserts that epilepsy, a manageable neurological disorder affecting an estimated 12 million people in India, continues to be met with systemic discrimination. The exclusion from insurance coverage, the petition argues, is arbitrary and violative of Articles 14 and 21 of the Constitution of India, depriving PwEs of their fundamental rights to equality, health, and dignity.

The Supreme Court has called upon the Union Government and IRDAI to file their responses. The outcome of the matter is expected to have significant implications for health insurance policy and the broader rights of individuals living with epilepsy.