Anandha Kumar V, Guest Lecturer, Tamil Nadu Dr. Ambedkar Law University & Priyadharshini D, Final Year LL.B (Hons.), School Of Excellence In Law, The Tamil Nadu Dr.Ambedkar Law University
Abstract
As technology has become part of our life, all essential hereditary data may be accessible to everyone through numerous sources, utilizing them there is a chance of discrimination in insurance and employment. The fear of disclosure of genetic information to insurers or employers will force the insured to avoid gene testing which necessary for medical purposes. On the other hand, the lack of proper legislation to regulate this matter can affect the insurance company and give rise to adverse selection as the customers can take advantage of privacy and deny the predominant facts about them during the formation of the policy which will in later stage demand the insurance company to pay higher coverage. This article centers on the concept of gene testing, the risks and benefits associated with it, and its part in Insurance which may prompt genetic discrimination. Genetic discrimination in the field of insurance can bring a huge impact on society. The importance of a proper legal framework for preventing the mandate on the disclosure of genetic results and genetic discrimination towards insurance is analyzed. The methodology utilized draws out the current position and practices followed by different countries and also a short report on the current situation of India around here.
Keywords: Genetic discrimination, Gene testing, Insurance, legal framework
