Supreme Court Seeks IRDAI Data On Insurance Policies Issued To Persons With Disabilities
Supreme Court Seeks IRDAI Data On Insurance Policies For Persons With Disabilities
The Supreme Court has directed the Insurance Regulatory and Development Authority of India (IRDAI) to collect and submit detailed data on insurance policies issued to persons with disabilities, including persons with autism, cerebral palsy, intellectual disabilities, mental disabilities and multiple disabilities.
The Bench comprising Justice B.V. Nagarathna and Justice R. Mahadevan passed the direction while hearing a Public Interest Litigation concerning the rights, welfare and accessibility of neurodivergent persons and persons with disabilities.
The Court asked IRDAI to obtain the relevant information from both public sector and private sector insurance companies and place the data before it before the next hearing.
The information is intended to assist the Court in assessing the existing extent of insurance coverage available to persons with disabilities and the difficulties, if any, in accessing insurance services.
The PIL raises concerns regarding the availability and adequacy of insurance coverage for persons with neurodevelopmental and other disabilities. It alleges that families of persons with conditions such as autism and intellectual disabilities face difficulties in obtaining life and health insurance.
The petition also raises broader concerns regarding the implementation of disability rights protections and the availability of support services for neurodivergent persons.
According to the plea, persons with autism, dyslexia, ADHD, intellectual disabilities and other developmental disorders face challenges relating to healthcare, rehabilitation, social inclusion and awareness.
The petition refers to the National Trust Act, 1999, the Rights of Persons with Disabilities Act, 2016, the Mental Healthcare Act, 2017, and the National Trust (Amendment) Act, 2018.
Apart from insurance, the PIL raises concerns regarding accessibility in public infrastructure and transportation, including air travel, railways and metro systems. It also highlights the need for sensory-friendly facilities, trained personnel, improved diagnostic services and easier access to disability certification.
The plea further raises issues concerning inclusive education and employment opportunities, including the availability of reasonable accommodation for neurodivergent persons in educational institutions and workplaces.
Among other measures, the petition seeks a comprehensive framework addressing early identification and diagnosis, mental healthcare, rehabilitation, residential support, insurance coverage, inclusive education and employment.
It also seeks measures to improve awareness and training among professionals working in healthcare, education, aviation, law enforcement and public services.
The plea has further sought expansion of disability certification centres and simplification of the Unique Disability ID (UDID) process, besides greater availability of community-based mental healthcare services and improved accessibility at transport hubs.
The matter will be considered further after IRDAI places the requested insurance data before the Supreme Court.
About the PIL
The petition, filed by the group Action for Autism (AFA), sought immediate judicial intervention to address glaring lapses in the implementation of The National Trust Act, 1999, The Rights of Persons with Disabilities Act, 2016, The Mental Healthcare Act, 2017, and related legislations. It urged the Court to direct urgent reforms to safeguard the dignity and rights of persons with mental illness, autism, and other neurodevelopmental disabilities.
The petition filed through AoR Vinod Kumar Tewari emphasized that despite a robust legal framework, including India’s ratification of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) in 2007, the rights-based approach remains largely on paper due to poor enforcement, inadequate funding, lack of infrastructure, and persistent stigma.
Tracing the history of India’s disability laws, the petition noted how earlier colonial-era statutes and the Mental Health Act, 1987 focused on institutionalization rather than autonomy and dignity. Although progressive shifts were seen with the Persons with Disabilities Act, 1995, and later with the Rights of Persons with Disabilities Act, 2016 and the Mental Healthcare Act, 2017, the plea argued that practical implementation remains woefully inadequate.
Citing ongoing challenges, the petition pointed to critical gaps such as denial of adequate insurance coverage for autistic and disabled individuals, lack of sensory-friendly infrastructure and trained staff at airports, airlines, railways, and metros, non-recognition of inclusive education mandates in private schools, and the absence of robust community-based care models like residential homes and halfway houses.
It further alleged widespread violations of fundamental rights guaranteed under Articles 14 and 21 of the Constitution, along with breaches of India’s international obligations under the UNCRPD.
Case Title: Action for Autism v. Union of India & Ors.
Bench: Justices BV Nagarathna and R. Mahadevan
Orde Date: September 23, 2026