Supreme Court Seeks Data On Insurance Policies Issued To Persons With Autism, Cerebral Palsy, Multiple Disabilities
The Supreme Court on Wednesday directed the Insurance Regulatory and Development Authority of India (IRDAI) to place on record data on the number of insurance policies issued by public and private sector insurers to persons with Autism, Cerebral Palsy, Intellectual Disability and Multiple Disabilities.
A bench of Justice B.V. Nagarathna and Justice R. Mahadevan passed the order in a PIL which seeks measures to address alleged systemic failures in protecting the rights of persons with neurodevelopmental and other disabilities.
“Learned counsel appearing for the Insurance Regulatory Development Authority(IRDA) to seek instructions by way of presenting the data so far as the number of policies that have been issued by both Public Sector as well as the Private Sector Insurance Companies to insure the life of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities by the next date of hearing”, the Court ordered.
The petitioner has argued that insurance coverage for autistic persons is effectively non-existent or inadequate despite the regulatory framework requiring insurers to provide coverage to persons with disabilities and mental illness. During the hearing, counsel for IRDAI referred to circulars issued by the regulator on insurance coverage for persons with disabilities and mental illness.
The Court then asked IRDAI to obtain instructions and present data showing the number of policies issued by both public sector and private sector insurance companies to insure the life of persons with Autism, Cerebral Palsy, Intellectual Disability and Multiple Disabilities. The information has to be placed before the Court by the next date of hearing on November 19th.
The PIL seeks directions to address "persistent neglect, institutional apathy, and failure" in upholding constitutional, statutory and international obligations towards persons with neurodivergent conditions such as autism, dyslexia and ADHD.
The petition alleges systemic failures in the implementation of 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.
It states that despite these laws, significant gaps remain in mental health infrastructure, funding, accessibility and public awareness. The petition points to inadequate budgetary allocations, shortage of rehabilitation centres and inadequate community-based rehabilitation services. It also alleges that stigma and institutional apathy continue to hinder rehabilitation and social inclusion.
Apart from insurance, the petition raises concerns about exclusion of neurodivergent persons in air travel, railways and metros, lack of sensory-friendly infrastructure and trained staff, gaps in diagnosis and early intervention, non-implementation of inclusive education policies and problems in obtaining Unique Disability ID (UDID) certificates.
The petition also highlights employment concerns. It alleges that neurodivergent persons are often excluded from CSR-funded employment initiatives and are offered temporary internships instead of permanent employment. It further alleges that private schools sometimes expel or pressure students diagnosed with conditions such as ADHD or autism to withdraw instead of providing reasonable accommodation.
The petitioner has sought directions for a comprehensive national policy covering identification, mental healthcare, treatment, rehabilitation, residential support and insurance coverage for neurodivergent persons.
It has also sought mandatory training and sensitisation of personnel in law enforcement, aviation, education and healthcare, streamlining of the UDID certification process, creation of more certification centres, inclusive education measures, community-based mental health facilities, sensory infrastructure at airports and transport hubs, district-level monitoring committees, dedicated mental health budget lines and 24/7 helplines.
The Court has listed the matter for November 19, 2026.
Appearance –
For Petitioner: Mr. Anand Sharma, Adv. Ms. Shimpy Arman Sharma, Adv. Mr. Arman Roop Sharma, Adv. Ms. Priya Pachouri, Adv. Mr. Nishkarsh Kumar Pharswal, Adv. Mr. Vivek Tiwari, Adv. Mr. Pramod Tiwari, Adv. Dr. Vinod Kumar Tewari, AOR
For Respondents: Mr. Brijender Chahar, A.S.G. Dr. N. Visakamurthy, AOR Mr. Mayank Pandey, Adv. Mr. Pratyush Srivastava, Adv. Mr. B.K.Satija, Adv. Mr. Vijay Awana, Adv. Mr. Rajeev Kumar Ranjan, Adv. Mr. Krishan Kant Dubey, Adv. Mr. Mayank Sapra, AOR Ms. Lalima Das, Adv. Mr. Abhi Sharma, Adv. Mr. Aaditya Aniruddha Pande, AOR
Case no. – Writ Petition (Civil) No. 729/2025
Case Title – Action for Autism v. Union of India & Ors.