In a landmark judgment, the Delhi High Court has held that the Right to Health Insurance is an integral part of Article 21 of the Constitution of India.
Honorable Justice Prtibha M Singh, in an insurance claim case, stated that the Right to avail insurance is a part of the Right to Health, which is enshrined under Part III of the Constitution.
The Respondent, who was suffering from Hypertrophic Obstructive Cardiomyopathy, had been denied the benefit of the insurance, on the ground that the disease being genetic, was not covered under the terms of the insurance. The Trial Court had ruled in favor of the Respondents, the United India Assurance Company decided to make an appeal.
While ruling in favor of the aggrieved, the High Court observed that “Medical care is a basic human right, universally recognized as far back as in 1948. in the modern world where health care costs are very high, availing health insurance is an integral part of medical care.Therefore, discrimination in health insurance against individuals based on their genetic disposition or genetic heritage, in the absence of appropriate genetic testing and laying down of intelligible differentia, is Unconstitutional.”
It further held that, “The Exclusionary clause of `genetic disorders’, in the insurance policy, is too broad, ambiguous and discriminatory – hence violative of Article 14 of the Constitution of India.”
