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PRATHIBA M. SINGH
Saurabh Shukla – Appellant
Versus
Niva Bupa Health Insurance Co. Ltd. – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
Introduction
2. The United Nations Convention on the Rights of Persons with Disabilities, 2006 unequivocally recognised the rights of Persons with Disabilities (PwD) to lead a dignified life and to be treated in a non- discriminatory manner. Such rights are also inherently recognised by virtue of Articles 14, 19 and 21 of the Constitution of India. The enactment of the Rights of Persons with Disabilities Act, 2016 in India, was with the avowed object of giving effect to the said Convention and the principles enshrined in the Constitution. Despite these international conventions and statutes which have been enacted recognizing the rights of PwDs, actual equality on the ground remains elusive - though there is positive effort in the right direction. It is also well established that the Right to life includes the Right to avail healthcare including medical insurance. However, PwDs were unable to obtain medical insurance.
3. The present petition highlighted one such aspect of equality for persons with disabilities i.e., the right to obtain medical/health insurance. The Petitioner who is an invest
Persons with disabilities are entitled to health insurance coverage, and IRDAI must ensure insurance products are designed for them.
The central legal point established in the judgment is the obligation of insurance companies to provide non-discriminatory insurance coverage for mental illnesses as mandated by the Mental Healthcare....
Insurance policies must not discriminate against mental illnesses under the Mental Healthcare Act, 2017; all insurers are required to cover mental health on the same basis as physical health.
Reasonable accommodation is a fundamental right ensuring equality for persons with disabilities; technicalities should not obstruct justice for discrimination cases.
The principle of reasonable accommodation under the Rights of Persons with Disabilities Act mandates that all individuals with disabilities are entitled to employment opportunities without rigid adhe....
Protection under the RPWD Act is contingent upon having a certified disability of 40% or more; disciplinary actions based on mental illness must follow this criterion.
The central legal point established in the judgment is the obligation of government establishments to provide reasonable accommodation and non-discriminatory treatment to employees with disabilities,....
The court ruled that candidates with disabilities must not be discriminated against based on their degree of disability, ensuring equal treatment in public employment.
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