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* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 18^th August, 2023 + W.P.(C) 6074/2019 SAURABH SHUKLA ..... Petitioner Through: Mr. Siddharth Nath, Mr. Anunay Chodhary & Ms. Khusbhoo Hora, Advs. (M:9811004884)

versus NIVA BUPA HEALTH INSURANCE CO. LTD.

AND ORS. ..... Respondents (Earlier known as MAX BUPA HEALTH INSURANCE CO. LTD.)

Through: Mr. Pradeep K Bakshi, Adv. for R-1.

(M: 9650881816)

Mr. Rajiv Jaiswal, Adv. for R-2.

(M: 9871901997)

Mr. Neeraj Malhotra Senior Advocate with Mr. Nimish Kumar & Mr. Abhishek Nanda Advs. for R-3. (M:

9971613570)

CORAM:

JUSTICE PRATHIBA M. SINGH 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 Signature Not Verified 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 investment banking professional had filed the present petition as he was refused medical insurance company. The Court was then apprised of the fact that insurance for PWD was almost non- existent. The petition also revealed the complete non-implementation of any regulation or supervision by IRDAI towards this issue. When the petition was initially filed, the Court was apprised of the fact that insurance for PwDs was almost non-existent.

4. It was in these circumstances that directions were issued from time to time in this writ petition, to the IRDAI as also to insurance companies, which has resulted in a positive outcome for PwDs. By the conclusion of the proceedings in the present petition, 29 insurance companies in India have introduced insurance products for persons with disabilities, in effect offering them a ray of hope, to avail of health insurance.

Background

5. The present petition has been preferred by Mr. Saurabh Shukla who is suffering from Tetraplegia and paralysis below his chest due to a spinal cord injury which he had suffered in 2011. He is confined to a wheelchair and has limited use of his arms. Despite the injury, he is currently working as an Signature Not Verified investment banking professional with a hedge fund and is working from home. The grievance of the Petitioner in the present petition is that he approached two insurance companies i.e., Max Bupa Health Insurance Co. Ltd. (now Niva Bupa Health Insurance Company Ltd.) & Oriental Insurance Co. Ltd., for seeking a Mediclaim/Health Insurance. However, both the Insurance companies initially refused to issue or offer any health insurance policy to the Petitioner.

6. The Petitioner had initially approached the Court of the Chief Commissioner for Disabilities vide representation dated 7^th January, 2018 to raise his grievance against the health insurance companies. Vide letter dated 14^th March, 2018, the Dy. Chief Commissioner of the Court of the Chief Commissioner for Disabilities took up the matter with The Chairperson, Insurance Regulatory and Development Authority of India (IRDAI). The relevant extract of the communication addressed to the Chairperson, IRDAI is as follows:

“2. Section 75 of the Ri