Institute of Legal and Management Studies

The Supreme Court today (May 27) issued notice in a Public Interest Litigation on behalf of those who suffer from epilepsy and lack access to adequate healthcare and insurance coverage. The notice has been issued to the Insurance Regulatory Development Authority of India (IRDA), which, through the Master Circular dated July 22, 2020, permanently excludes Epilepsy from being covered by health insurance. The petitioner has challenged this exclusion to be set aside as unconstitutional for violation of the rights of the Persons with Epilepsy ('PWE') under Articles 14 and 21.

The present petition, filed under Article 32 of the Constitution of India, seeks relief for PWE, whose denial of equal access to healthcare and insurance coverage on parity with those suffering other illnesses, amounts to a gross violation of their rights guaranteed under Articles 14 and 21 of the Constitution.

"It is submitted that 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."

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treatment, 'permanent exclusion' is a misunderstanding of the risks associated with Epilepsy and reflective of an outdated outlook towards the disease. IRDA and subsequently health insurers fail to consider that up to 70% of people living with epilepsy can achieve complete seizure remission with access to Anti-Seizure Medications.

A bench of Justice BV Nagarathan and Justice Satih Chandra Sharma issued notice.

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]