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Insurance Cover for HIV+ persons: Delhi HC directs IRDA to implement draft Guidelines within eight months

Date : 16/07/2010

In the matter of Dr. Rajeev Sharma Vs Union of India & Others.

The Hon’ble Delhi High Court bench comprising Justice D. Mugugesan and Justice V.K. Jain directed IRDA (Insurance Regulatory Development Authority) to implement the draft guidelines to cover all HIV positive under the ambit of Insurance cover… while directing the respondents High Court prescribed 8 months time to implement the same by all insurance companies of the country under the supervision of a High Power Committee represented by top IRDA, NACO and Health Ministry officials along with the petitioner. The guidelines were framed by IRDA under the pressure of a PIL filed by Dr. Rajeev Sharma.

Arguing the matter before the Hon’ble Bench Advocate for the petitioner Tariq Adeeb along with Pankaj Sinha requested the bench to set time frame for the implementation of the guidelines in regard to the medical insurance cover for the PHLA (People Living with HIV/AIDS).

Earlier most of the existing insurance policies include an exclusion clause specifically excluding insurance benefits of HIV/AIDS and related treatment. Thus, when an existing policy holder is subsequently diagnosed with HIV/AIDS during the policy period they are denied the benefits of their existing insurance policy.

But with the intervention of this PIL (Public Interest Litigation) the IRDA was forced to draft the guidelines to maintain the provisions of Article 14 of the Constitution. With the framing of guidelines in this regard IRDA along with NACO (National AIDS Control Organization) and Health Ministry officials made a High Power Committee to look into all the aspect of the matter and for its proper implementation. Court asked the petitioner to give his representation before the High Power committee.

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