Prathiba M. Singh, J.

1. The human gene in all its myriad combinations decides the traits of an individual human being. While most genetic traits of human beings have a positive expression, there are certain traits which could cause abnormalities. Such abnormalities are termed as ‘genetic disorders'. Genetic disorders are subject matter of research and development in the search of newer drugs to cure them but are also subject matter of debate, world over, in the context of health insurance. The question raised in the present case is whether persons having genetic disorders can be discriminated against in the context of health insurance.

A. Background Facts

A.1. The Respondent/Plaintiff (hereinafter ‘Plaintiff’) took an insurance policy for himself along with his wife and daughter, from the Appellant/Defendant (hereinafter ‘Defendant’) being Policy No: 041703/48/11/97/00000934 which is valid and subsisting. The said policy is a medi-claim Policy where the sum insured is Rs.5 lakhs per individual. The Plaintiff submits he had first taken a medi-claim on 11th September, 200