On May 27, the Supreme Court of India issued a notice in a Public Interest Litigation (PIL) filed on behalf of people living with epilepsy. The plea challenges the decision of the Insurance Regulatory and Development Authority of India (IRDA) to permanently exclude epilepsy from general health insurance coverage.
The PIL was filed under Article 32 of the Constitution of India, seeking justice for people with epilepsy (PWE), who face denial of equal access to healthcare and insurance benefits. According to the petitioner, this exclusion violates the rights guaranteed under Articles 14 and 21 of the Constitution, which ensure equality and protection of life and personal liberty.
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The IRDA Master Circular dated July 22, 2020, excludes epilepsy under "permanent exclusion," meaning health insurance providers are not required to cover the treatment of this condition. The petitioner argued,
“The exclusion in question, which is central to the present Petition, results in PWE 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 PWEs arise due to Epilepsy.”
The plea points out that despite medical progress, the exclusion reflects an outdated and incorrect understanding of epilepsy.
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“It is stated that in spite of medical advancements in the field of Epilepsy treatment, 'permanent exclusion' is a misunderstanding of the risks associated with Epilepsy and reflective of an outdated outlook towards the disease.”
Medical research shows that up to 70% of people with epilepsy can fully manage seizures with proper treatment, especially Anti-Seizure Medications (ASMs). However, the blanket exclusion denies them fair access to health insurance benefits.
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A Supreme Court Bench, comprising Justice BV Nagarathna and Justice Satish Chandra Sharma, issued the notice to IRDA in response to the petition. The Court will now consider the plea, which calls for setting aside the exclusion and ensuring equal insurance rights for people with epilepsy.
Case Details: SANVEDANA FOUNDATION Vs UNION OF INDIA|W.P.(C) No. 501/2025
Appearance: Advocate Muhammad Ali Khan assisted by Advocates Arjun Sharma and Gurbani Bhatia [for Petitioner]
