Health Law

Exam paper 2023
Exam paper 2024
Revised syllabus sem 3

The Right to Health
refers to the fundamental entitlement of every individual to access adequate healthcare services, a clean environment, proper sanitation, nutritious food, and other social determinants necessary for a healthy life. It does not mean the right to be healthy at all times, but rather the right to conditions that enable good health and access to medical care when needed.

Key Aspects of the Right to Health

Availability – There must be sufficient healthcare facilities, trained medical professionals, and essential medicines for the population.
Accessibility – Healthcare services must be accessible to all without discrimination, including physical, financial, and informational access.
Acceptability – Healthcare facilities must respect cultural norms and be sensitive to the needs of different communities.
Quality – Medical care must be of high quality, ensuring safe and effective treatment.

International Recognition of the Right to Health

The Right to Health is recognized globally:

Universal Declaration of Human Rights (UDHR) - Article 25 mentions health as a fundamental human right.
International Covenant on Economic, Social, and Cultural Rights (ICESCR) - Article 12 obligates states to ensure the highest attainable standard of health.
World Health Organization (WHO) defines health as a state of complete physical, mental, and social well-being, not merely the absence of disease.

The Right to Health is a fundamental human right recognized internationally and enshrined in various legal frameworks, including the Indian Constitution. It signifies every individual's entitlement to access quality healthcare, sanitation, nutrition, and a healthy environment. While the Indian Constitution does not explicitly mention the Right to Health as a fundamental right, it is derived from Article 21, which guarantees the Right to Life and Personal Liberty. The judiciary has played a crucial role in expanding its scope through various judgments.

Constitutional Provisions Related to the Right to Health in India

Article 21 (Right to Life and Personal Liberty)
- The Supreme Court has interpreted Article 21 to include the Right to Health as an essential part of a dignified life.
- In Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996), the Court held that the government must provide adequate medical facilities to ensure the right to life.
- In Parmanand Katara v. Union of India (1989), it was held that a doctor has an obligation to provide emergency medical aid, regardless of legal formalities.
Directive Principles of State Policy (DPSP)
- Article 39(e) & (f) – Mandates the state to ensure that citizens, especially workers and children, are not subjected to conditions detrimental to their health.
- Article 41 – Provides for public assistance in cases of sickness, disability, and old age.
- Article 42 – Directs the state to ensure just and humane conditions of work and maternity relief.
- Article 47 – Casts a duty on the state to improve public health, raise nutrition levels, and prohibit intoxicating substances.
Fundamental Duties (Article 51A)
- Citizens have a duty to maintain public health by protecting the environment under Article 51A(g).

Judicial Interpretation of Right to Health in India

The Indian judiciary has expanded the ambit of the Right to Health through landmark judgments:

State of Punjab v. Mohinder Singh Chawla (1997) – The Supreme Court affirmed that the right to health is a fundamental right under Article 21 and that the government is responsible for providing medical care.
Consumer Education and Research Centre v. Union of India (1995) – The Court ruled that the Right to Health includes the right to a safe working environment and access to healthcare.
Vincent Panikurlangara v. Union of India (1987) – Highlighted the importance of banning harmful drugs and ensuring public health policies.

Statutory Framework Supporting the Right to Health

Several legislations in India ensure the implementation of the Right to Health:

The National Health Mission (NHM) – Aims at strengthening healthcare systems, especially in rural areas.
The Epidemic Diseases Act, 1897 – Provides legal measures to control the spread of diseases.
The Mental Healthcare Act, 2017 – Recognizes the right to mental healthcare as a fundamental right.
The Clinical Establishments (Registration and Regulation) Act, 2010 – Ensures the standardization of healthcare facilities.
The Environment Protection Act, 1986 – Addresses environmental health concerns.

Challenges in Implementing the Right to Health

Despite constitutional provisions and judicial backing, India faces several challenges:

Inadequate Healthcare Infrastructure – Shortage of hospitals, doctors, and medical staff.
High Out-of-Pocket Expenditure – Many Indians struggle with expensive private healthcare.
Unequal Access to Healthcare – Rural and marginalized communities face difficulty in accessing quality healthcare.
Environmental Pollution and Public Health – Air and water pollution contribute to major health issues.

Government Initiatives for Strengthening the Right to Health

Ayushman Bharat Scheme – Provides health insurance coverage to economically weaker sections.
Pradhan Mantri Jan Arogya Yojana (PMJAY) – Aims at universal health coverage.
National Health Policy, 2017 – Focuses on affordable healthcare and preventive measures.
Public Health (Prevention, Control, and Management of Epidemics, Bio-Terrorism, and Disasters) Bill, 2017 – Seeks to enhance preparedness against health emergencies.

Conclusion

The Right to Health is an essential part of human dignity and well-being. While India has made significant progress in recognizing and implementing this right through judicial interpretation, policies, and government schemes, challenges such as affordability, accessibility, and quality of healthcare remain. Strengthening healthcare infrastructure, reducing disparities, and increasing government expenditure on health are crucial for realizing this right in its true spirit.

International Provisions Relating to the Right to Health

The Right to Health is recognized as a fundamental human right under various international legal instruments. It imposes obligations on states to ensure access to healthcare services, proper sanitation, nutrition, and a healthy environment. Several international treaties and organizations promote and safeguard this right at the global level.

1. Universal Declaration of Human Rights (UDHR), 1948

Article 25(1) states that everyone has the right to a standard of living adequate for their health and well-being, including food, clothing, housing, medical care, and necessary social services.
This was the first international document to recognize health as a human right, though it is not legally binding.

2. International Covenant on Economic, Social, and Cultural Rights (ICESCR), 1966

Article 12 explicitly recognizes the right of everyone to "the enjoyment of the highest attainable standard of physical and mental health."
It places obligations on states to:
- Reduce infant mortality and improve child health.
- Prevent and treat diseases.
- Ensure access to essential healthcare.
- Create conditions for medical service and attention in case of sickness.
The Committee on Economic, Social, and Cultural Rights (CESCR) monitors the implementation of this right through General Comment No. 14 (2000), which elaborates on states' obligations regarding the right to health.

3. World Health Organization (WHO) Constitution, 1946

The preamble of the WHO Constitution states:
- "The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being."
- Health is not just the absence of disease but includes mental and social well-being.
WHO plays a crucial role in setting international health standards, conducting research, and assisting governments in implementing health policies.

4. Convention on the Rights of the Child (CRC), 1989

Article 24 recognizes children's right to health and obligates states to ensure access to healthcare services, nutritious food, clean drinking water, and hygiene.
It emphasizes reducing child mortality and combating diseases through immunization and medical interventions.

5. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1979

Article 12 mandates states to ensure women receive appropriate healthcare, including maternal healthcare.
Article 14(2) calls for rural women's access to adequate healthcare facilities.

6. International Labour Organization (ILO) Conventions

ILO Convention No. 102 (1952) sets minimum standards for healthcare and social security.
ILO Convention No. 155 (1981) focuses on occupational safety and health, ensuring a safe working environment.

7. Sustainable Development Goals (SDGs), 2015

Goal 3: Good Health and Well-being aims to:
- Reduce maternal and infant mortality.
- Combat communicable diseases such as HIV/AIDS, tuberculosis, and malaria.
- Strengthen healthcare systems and ensure universal health coverage (UHC).

8. International Health Regulations (IHR), 2005

These regulations, adopted by WHO member states, establish global guidelines to prevent and control public health risks, including pandemics.
The IHR mandates governments to strengthen public health systems to respond to international health emergencies.

9. United Nations Human Rights Council (UNHRC) and Special Rapporteur on the Right to Health

UNHRC monitors health-related human rights violations and promotes health as a human right.
The Special Rapporteur on the Right to Health investigates global health issues and makes recommendations to governments.

Conclusion

The Right to Health is recognized and protected under multiple international frameworks, emphasizing the obligation of states to provide healthcare, prevent diseases, and ensure public health. While these provisions set global standards, their implementation depends on national policies, resources, and political will. Strengthening international cooperation and ensuring accountability are crucial to making the Right to Health a reality for all.

Fundamental Rights of the Indian Constitution Linked to the Right to Health

The Right to Health is not explicitly mentioned as a fundamental right in the Indian Constitution. However, the judiciary has interpreted it as an essential component of various fundamental rights, particularly Article 21 (Right to Life and Personal Liberty). Additionally, several other fundamental rights under Part III of the Constitution contribute to the protection and promotion of health.

1. Article 21 – Right to Life and Personal Liberty

The Supreme Court of India has consistently interpreted Article 21 to include the Right to Health, as health is essential for a dignified life.
Landmark cases:
- Parmanand Katara v. Union of India (1989) – The Court held that every individual has the right to emergency medical treatment, and no hospital can deny treatment due to procedural formalities.
- Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996) – The State was held liable for failing to provide adequate healthcare, reinforcing the government's duty to ensure medical facilities.
- State of Punjab v. Mohinder Singh Chawla (1997) – Declared that the Right to Health is a fundamental right under Article 21, making it the State’s obligation to provide medical facilities.

2. Article 14 – Right to Equality

Ensures equal access to healthcare and prohibits discrimination in medical services.
Example: Consumer Education and Research Centre v. Union of India (1995) – The Supreme Court ruled that denying health and safety measures to workers violates Article 14.

3. Article 15 – Prohibition of Discrimination

Article 15(1) prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth, ensuring that healthcare services are accessible to all.
Article 15(3) empowers the State to make special provisions for women and children, which includes maternity benefits and child healthcare programs.

4. Article 19(1)(g) – Right to Practice Any Profession

Ensures that medical professionals can practice their profession freely, but subject to reasonable restrictions in the interest of public health.
Example: The ban on harmful medical practices or unqualified doctors practicing medicine is justified under Article 19(6).

5. Article 21A – Right to Education

Access to health education, awareness about hygiene, nutrition, and disease prevention is an integral part of Article 21A, which guarantees free and compulsory education for children.
Government programs like School Health Programs under Ayushman Bharat aim to integrate healthcare into the education system.

6. Article 23 – Prohibition of Human Trafficking and Forced Labor

Protects individuals from forced labor and exploitative work conditions that may endanger their health.
Example: The Bonded Labour System (Abolition) Act, 1976 ensures laborers are not subjected to unhealthy working conditions.

7. Article 24 – Prohibition of Child Labor

Prohibits the employment of children below 14 years in hazardous industries like mining and factories, thereby protecting their health and development.
M.C. Mehta v. State of Tamil Nadu (1996) – The Supreme Court ordered measures to eliminate child labor and provide rehabilitation.

Interplay with Directive Principles of State Policy (DPSP)

While fundamental rights provide justiciable protections, Directive Principles of State Policy (Part IV) guide the State in achieving the Right to Health through provisions like:
- Article 39(e) & (f) – Protection of workers' health.
- Article 42 – Maternity relief.
- Article 47 – State’s duty to improve public health and prohibit harmful substances.

Conclusion

The Right to Health is deeply connected with several fundamental rights, particularly Article 21, and is strengthened by provisions ensuring equality, non-discrimination, education, and protection from exploitative labor. Judicial interpretations and government policies continue to expand its scope, making healthcare an essential part of fundamental rights in India

Provisions of the Indian Penal Code (IPC) Related to the Right to Public Health

The Indian Penal Code, 1860 (IPC) contains several provisions that safeguard public health, sanitation, and safety by penalizing acts that endanger community health. These provisions aim to prevent the spread of diseases, maintain hygiene, and ensure public safety through legal deterrence.

1. Offenses Related to the Spread of Infectious Diseases

(a) Section 269 – Negligent Act Likely to Spread Infection of Disease Dangerous to Life

Punishes a person whose negligent actions could spread a dangerous disease.
Punishment: Imprisonment up to six months, or fine, or both.
Example: A person violating quarantine rules during an epidemic.

(b) Section 270 – Malignant Act Likely to Spread Infection of Disease Dangerous to Life

Penalizes intentional acts leading to the spread of infectious diseases.
Punishment: Imprisonment up to two years, or fine, or both.
Example: Knowingly going to crowded places despite testing positive for a contagious disease.

(c) Section 271 – Disobedience to Quarantine Rule

Penalizes a person who violates a legally imposed quarantine.
Punishment: Simple imprisonment up to six months, or fine, or both.
Example: A person escaping from a quarantine center during a pandemic.

2. Offenses Relating to Adulteration of Food and Drink

(a) Section 272 – Adulteration of Food or Drink Intended for Sale

Punishes those who adulterate food or beverages in a way that makes them harmful to health.
Punishment: Imprisonment up to six months, or fine, or both.
Example: Mixing chemicals in milk to increase quantity.

(b) Section 273 – Sale of Noxious Food or Drink

Penalizes the sale of contaminated or harmful food or drink.
Punishment: Imprisonment up to six months, or fine, or both.
Example: Selling expired or fungus-infected food.

3. Offenses Relating to Adulteration of Drugs and Medical Negligence

(a) Section 274 – Adulteration of Drugs

Penalizes adulteration of medicines that may reduce their effectiveness or make them harmful.
Punishment: Imprisonment up to six months, or fine, or both.
Example: Mixing harmful substances in pharmaceutical drugs.

(b) Section 275 – Sale of Adulterated Drugs

Penalizes selling adulterated medicines knowingly.
Punishment: Imprisonment up to six months, or fine, or both.

(c) Section 276 – Sale of Drugs as a Different Drug or Preparation

Punishes the sale of mislabeled or counterfeit medicines.
Punishment: Imprisonment up to six months, or fine, or both.
Example: Selling substandard painkillers as expensive antibiotics.

(d) Section 304A – Causing Death by Negligence

Penalizes medical negligence leading to a patient's death.
Punishment: Imprisonment up to two years, or fine, or both.
Example: A doctor performing surgery without proper sterilization, leading to fatal infection.

4. Offenses Against Public Nuisance and Environmental Health

(a) Section 268 – Public Nuisance

Defines a public nuisance as an act that causes common injury, danger, or annoyance to the public.
Example: Letting sewage overflow onto public roads.

(b) Section 278 – Making Atmosphere Noxious to Health

Penalizes acts that pollute air quality and affect public health.
Punishment: Fine up to ₹500.
Example: A factory releasing toxic smoke into a residential area.

(c) Section 290 – Punishment for Public Nuisance

Punishment: Fine up to ₹200 for any act harming public health.
Example: Dumping garbage in a public place, leading to health hazards.

(d) Section 291 – Continuance of Nuisance After Injunction

Penalizes those who continue a public nuisance despite court orders.
Example: A factory continuing illegal waste disposal despite legal orders.

5. Offenses Against Public Safety and Water Sanitation

(a) Section 277 – Fouling Water of Public Spring or Reservoir

Penalizes polluting public water sources.
Punishment: Imprisonment up to three months, or fine up to ₹500, or both.
Example: Dumping industrial waste into a river used for drinking water.

(b) Section 336 – Act Endangering Life or Personal Safety of Others

Punishes reckless acts threatening public safety and health.
Punishment: Imprisonment up to three months, or fine up to ₹250, or both.
Example: Spraying pesticides in a crowded marketplace without safety measures.

Conclusion

The IPC contains multiple provisions that safeguard public health, prevent disease outbreaks, ensure food and drug safety, and protect environmental health. These laws impose penalties on individuals or entities whose actions pose a risk to public well-being. Effective enforcement, along with complementary legislation such as the Epidemic Diseases Act, 1897 and the Food Safety and Standards Act, 2006, is essential for ensuring public health protection in India.

Provisions of the Environmental Protection Act, 1986 & Its Objectives

The Environmental Protection Act, 1986 (EPA) was enacted in response to the Bhopal Gas Tragedy (1984) to provide a comprehensive legal framework for environmental protection in India. It empowers the Central Government to take measures for environmental conservation, prevent pollution, and impose penalties for violations.

Objectives of the Environmental Protection Act, 1986

Protection & Improvement of the Environment – To prevent environmental degradation and promote ecological balance.
Implementation of International Obligations – To fulfill India's commitments under global treaties like the Stockholm Conference (1972).
Prevention & Control of Pollution – To regulate industrial and hazardous waste discharge into air, water, and soil.
Empowering the Central Government – To take measures for environmental protection, including setting standards and guidelines.
Deterrence Against Environmental Violations – To impose strict penalties for non-compliance and environmental harm.

Key Provisions of the Environmental Protection Act, 1986

1. Powers of the Central Government (Section 3 & 5)

The Central Government has the authority to take necessary measures to protect the environment.
Can issue directions to shut down industries or impose restrictions on activities harming the environment.

2. Prevention of Environmental Pollution (Section 7 & 8)

Prohibits any person or industry from discharging pollutants beyond prescribed limits.
Requires industries to handle hazardous substances responsibly.

3. Environmental Standards & Guidelines (Section 6 & 25)

Empowers the government to set standards for emissions, pollutants, and hazardous waste disposal.
Mandates compliance with environmental rules and permits.

4. Penalties for Non-Compliance (Section 15)

Punishment: Up to 5 years of imprisonment, or a fine of ₹1 lakh, or both.
If the violation continues, an additional ₹5,000 per day fine may be imposed.
In extreme cases, imprisonment may extend up to 7 years.

5. Power to Enter and Inspect (Section 10 & 11)

Authorities can enter, inspect, and collect samples from industries for analysis.

6. Hazardous Substances Management (Section 9 & 12)

Strict regulations on the handling, transportation, and disposal of hazardous materials.

7. Public Participation & Awareness (Section 23)

Encourages public involvement and empowers local bodies to take action against polluting activities.

Conclusion

The Environmental Protection Act, 1986 provides a strong legal framework for safeguarding the environment. By empowering authorities, setting pollution control standards, and enforcing penalties, the Act plays a vital role in environmental conservation and sustainable development in India.

How Judicial Judgments Have Strengthened the Right to Health in India

The Right to Health is not explicitly mentioned as a fundamental right in the Indian Constitution, but the judiciary has interpreted it as part of the Right to Life under Article 21. Over the years, the Supreme Court and High Courts have expanded the scope of the Right to Health through landmark judgments, making it a legally enforceable right against the State and private entities.

1. Right to Health as Part of Article 21

(a) Parmanand Katara v. Union of India (1989)

The Supreme Court ruled that every citizen has the right to emergency medical care, and hospitals (both government and private) cannot deny treatment due to procedural formalities.
Impact: Strengthened the duty of hospitals to provide immediate medical assistance to accident victims.

(b) Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996)

The Court held that the State is responsible for ensuring adequate medical services for all, and failure to do so violates Article 21.
Impact: Increased government accountability in improving healthcare infrastructure.

(c) State of Punjab v. Mohinder Singh Chawla (1997)

The Court declared that the Right to Health is a fundamental right under Article 21, making it the State’s duty to provide medical facilities.
Impact: Strengthened the obligation of the government to invest in public healthcare.

2. Right to Affordable and Quality Healthcare

(a) Consumer Education and Research Centre v. Union of India (1995)

The Supreme Court ruled that health and safety measures are fundamental rights of workers, and employers must provide proper healthcare facilities.
Impact: Strengthened occupational health and safety rights, making it mandatory for employers to ensure workers' health protection.

(b) Novartis AG v. Union of India (2013)

The Supreme Court upheld public access to affordable medicines by rejecting Novartis' patent claim on the cancer drug Glivec, preventing monopoly pricing.
Impact: Strengthened the availability of affordable medicines for the public.

3. Right to Clean Environment and Public Health

(a) M.C. Mehta v. Union of India (1987) – The Oleum Gas Leak Case

The Court introduced the "Absolute Liability" principle, holding industries strictly liable for any environmental harm affecting public health.
Impact: Strengthened environmental regulations to prevent industrial pollution affecting health.

(b) Vellore Citizens Welfare Forum v. Union of India (1996)

The Court emphasized the "Precautionary Principle" and the "Polluter Pays" principle, ensuring industries bear the cost of pollution affecting public health.
Impact: Strengthened public health protection by enforcing stricter pollution control measures.

4. Right to Maternity Benefits and Reproductive Health

(a) Javed v. State of Haryana (2003)

The Court upheld reproductive rights, stating that forcing sterilization policies without consent is unconstitutional.
Impact: Strengthened individual autonomy over reproductive health choices.

(b) Laxmi Mandal v. Deen Dayal Hospital (2010)

The Delhi High Court held that denial of maternal healthcare services violates the Right to Health under Article 21.
Impact: Strengthened government responsibility in ensuring maternal healthcare services.

5. Right to Mental Health

(a) X v. Principal Secretary, Health & Family Welfare Department (2022)

The Supreme Court ruled that mental health is integral to overall health, expanding the Right to Health beyond physical well-being.
Impact: Strengthened recognition of mental health as part of fundamental rights.

Conclusion

Through progressive judicial interpretations, the Supreme Court and High Courts have transformed the Right to Health into a fundamental right under Article 21. These judgments have reinforced:

✔ Right to emergency healthcare
✔ Right to affordable treatment & medicines
✔ Right to a clean environment
✔ Right to reproductive and mental health
✔ Government accountability in healthcare services

The judiciary has played a crucial role in making healthcare an enforceable right, ensuring that both the State and private entities uphold public health standards.

Health Insurance: Meaning and Types

Introduction

Health insurance is a financial arrangement wherein an insurer agrees to cover medical expenses incurred by a policyholder in exchange for a periodic premium. It plays a crucial role in ensuring access to healthcare while protecting individuals from high medical costs. In India, health insurance is governed by various laws, including the Insurance Regulatory and Development Authority of India (IRDAI) Act, 1999, and policies must comply with the Health Insurance Regulations, 2016.

Definition of Health Insurance

According to the IRDAI, health insurance is “a contract that provides coverage for medical expenses arising from illness, injury, or hospitalization of the insured.” The coverage can include hospitalization costs, doctor consultations, diagnostic tests, surgeries, and post-treatment care, depending on the policy terms.

Types of Health Insurance Policies

Health insurance can be classified into various categories based on coverage, beneficiaries, and purpose. The major types are:

1. Individual Health Insurance

Covers a single person.
Includes hospitalization, surgery, diagnostics, and medication costs.
Premium is based on age, medical history, and sum insured.

2. Family Floater Health Insurance

Covers an entire family under a single sum insured.
Cost-effective compared to individual policies.
Beneficial for young families where the health risk is lower.

3. Group Health Insurance

Provided by employers to employees as a part of corporate benefits.
Coverage is usually basic but can include add-ons.
Lower premiums due to risk-sharing among employees.

4. Senior Citizen Health Insurance

Designed for individuals above 60 years of age.
Covers age-related illnesses, critical conditions, and pre-existing diseases.
Premiums are higher due to increased health risks.

5. Critical Illness Insurance

Provides a lump sum payout upon diagnosis of specified illnesses like cancer, heart attack, stroke, or kidney failure.
The payout can be used for treatment, loss of income, or other expenses.
Not linked to hospitalization but focused on severe medical conditions.

6. Top-Up and Super Top-Up Health Insurance

Top-Up Plans: Cover expenses exceeding a predefined threshold in a single claim.
Super Top-Up Plans: Cover cumulative expenses beyond the threshold within a policy year.
Ideal for individuals who want additional coverage over their existing health insurance policy.

7. Personal Accident Insurance

Covers medical costs related to accidental injuries, disability, or death.
Compensation is provided based on the severity of the disability.

8. Maternity Health Insurance

Covers pregnancy-related expenses, including pre-natal, delivery, and post-natal care.
Some policies include coverage for newborn care and vaccination.
Usually comes with a waiting period before benefits apply.

9. Disease-Specific Health Insurance

Provides financial aid for treatment of specific illnesses like diabetes, cancer, heart disease, or kidney failure.
Some plans offer lifelong renewability for ongoing treatment.

10. Ayush Treatment Insurance

Covers alternative treatments such as Ayurveda, Yoga, Unani, Siddha, and Homeopathy (AYUSH).
Recognized under IRDAI guidelines.

Legal Framework Governing Health Insurance in India

Health insurance in India is regulated by:

Insurance Act, 1938 – Lays the foundation for health insurance policies.
IRDAI Act, 1999 – Regulates insurance providers and ensures policyholder protection.
Consumer Protection Act, 2019 – Provides recourse for policyholders in case of unfair practices.
Health Insurance Regulations, 2016 – Sets guidelines for policy terms, claim procedures, and exclusions.

Conclusion

Health insurance is an essential financial safeguard against rising medical expenses. The availability of various types of health insurance allows individuals to choose plans based on their needs. With the increasing cost of healthcare in India, having a well-structured health insurance policy is crucial for financial stability and access to quality medical treatment. The legal framework ensures that policies remain transparent and beneficial to policyholders.

This detailed classification and legal discussion ensure a comprehensive answer for a 20-mark question in a health law exam. Would you like additional case laws or recent IRDAI regulations to strengthen the answer further?