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Although seizures in 75-80% of people with epilepsy
are well controlled owing to medical advancements, the laws/policies
of the Government with regard to this condition have not kept pace
with them. The current / Prevalent rules concerning various issues
are dealt with here. |
| Epilepsy & Marriage / Divorce |
| Old Law: |
| |
As per the Marriage Laws Amendment Act 1976, a person
subjected to recurrent attacks of insanity or epilepsy cannot have
a legally valid marriage and such a marriage shall be voidable, resulting
in divorce. |
| The New Law: |
| |
However after the public interest litigation filed by
Indian Epilepsy Association, vide the Rajyasabha Bill dated Nov, 30,
1999 and Loksabha Bill dated Dec. 20, 1999, the provisions have been
changed. |
| |
The current rule is that a person with epilepsy can
have a legally valid marriage and is no longer a condition to claim
for divorce. |
| Epilepsy & Driving: |
| |
Years ago, people with epilepsy were not allowed to
hold a driving license all over the world. With the availability of
effective Anti Epileptic drugs, many developed countries have relaxed
the rules for issuing driving license. But, this has not been done
in India. |
| |
In India, the Motor Vehicle Act is uniform all over
the country and is formulated by the Central Government. The State
Government is authorized to make required amendments with a view to
implement the laws. |
| |
Current status on issuing of
Driving License is that all applicants irrespective of age have
to fill up Form-1 (Application cum declaration to the physical fitness)
and if declared as having epilepsy, then has to undergo a medical
examination. Inspite of medical recommendations, there is no provision
to issue a driving license if the person has epilepsy. Thus, according
to current Indian Law, a person with epilepsy cannot drive. Medical
examination is compulsory irrespective of age for all applicants
for transport vehicle driving license. For non-transport vehicle
driving license, medical examination is required only if they are
above the age of 40 years. |
| Epilepsy & Insurance (Life & Medical): |
| |
In India, Life Insurance Corporation of India does issue
policies at a slightly increased premium rate of 10-15%. Even this
is decided on a case to case basis. However, personal accident, health
insurance and travel insurance are available with a proviso that the
insurance does not cover illness/accident related to epilepsy. Motor
insurance and home insurance are issued without any restirctions.
Information/guidelines available with private insurance companies
is limited. |
| Epilepsy & Income Tax: |
| |
There are certain Income tax
benefits under section 80 DD of the Income Tax Act Provided a certificate
is obtained from an authorized Medical Practitioner as prescribed
under the Income Tax Act that such disability reduce considerably
the affected person’s capacity to normal work or engaging in a gainful
employment. |
| |
If such person incurred any expenditure for the medical
treatment, training and rehabilitation of a dependent for a person
with such disability, he/she shall be allowed a deduction of Rs. 50,000/-
from his total income. If such disability is severe in nature, such
deduction is Rs. 75,000/- i.e if the principal caregiver of the person
with epilepsy is a tax payer, then he/she may claim a reduction in
the tax as per the appropriate clause. |
| |
For a person with disability, the same amount of deduction
is available under section 80U of the Income Tax Act. |
| |
|
2004