Case Name: Action for Autism v. Union of India & Ors.
Factual Background
The present proceedings arose before the Supreme Court in Writ Petition (Civil) No. 729/2025 instituted by Action for Autism against the Union of India and other authorities. The matter concerns issues relating to insurance coverage for persons with autism, cerebral palsy, mental retardation and multiple disabilities. The order dated 23 September 2026 records that the proceedings were still at the stage of obtaining responses and relevant data from the concerned governmental and regulatory authorities and therefore does not finally determine the substantive legal issues raised in the writ petition.
During the hearing, the learned Additional Solicitor General appearing for the Union of India stated that he would place on record the response of the Ministry of Civil Aviation. He further undertook to seek instructions from the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities, the Department of Empowerment of Persons with Disabilities under the Ministry of Social Justice and Empowerment, and the Ministry of Finance.
Court’s Analysis
The principal significance of the order lies in the Supreme Court’s direction to obtain concrete regulatory and market data before proceeding further with the matter. The Court specifically directed counsel appearing for the Insurance Regulatory and Development Authority of India (IRDAI) to seek instructions and present data concerning the number of policies issued by both public sector and private sector insurance companies for insuring the lives of persons belonging to the categories identified in the proceedings—namely persons with autism, cerebral palsy, mental retardation and multiple disabilities.
The order therefore indicates that the Court is seeking an evidence-based understanding of the present availability of insurance products for persons with specified disabilities. Rather than proceeding only on generalized submissions regarding accessibility or discrimination in insurance, the Court has called for sector-wide information from the insurance regulator. This data-gathering exercise is likely to assist the Court in assessing the existing position and
identifying whether further directions may be required from governmental, disability-welfare or insurance authorities.
At this stage, the Court has not recorded a finding on whether insurers have unlawfully denied coverage, nor has it laid down a definitive legal test governing insurance claims or underwriting for persons with disabilities. The order is consequently best understood as an interlocutory step directed toward obtaining governmental responses and objective regulatory information.
Order of the Court
The Court directed the Additional Solicitor General to file the response of the Ministry of Civil Aviation and obtain instructions from the other concerned Union authorities. IRDAI was directed to obtain and present data on the number of relevant life-insurance policies issued by public and private insurers. The matter was directed to be listed on 19 November 2026, with liberty for filing a rejoinder affidavit in the meantime.
Key Takeaway
The Supreme Court has adopted a data-driven approach to examining insurance access for persons with specified disabilities. The order is significant because it places emphasis on obtaining empirical information from IRDAI and responses from the concerned ministries before substantive directions are considered. However, since the proceedings remain pending, the order does not presently establish a final proposition on the legality of insurance practices or create a concluded right to insurance coverage.
Written by Adv. K. Sri Hamsa
