TORTS AND TRANSMISSION OF AIDS
By Drishti Jain & Vagisha Sagar
The purpose of this paper is to assess whether liability in torts arises for transmission of HIV and if it acts as deterrence and to provide guidance for future research efforts. This paper starts by introducing the research topic and objective and provides a comprehensive overview of tort cases involving HIV exposure and, based on this review of cases, discusses primary reasons why current tort law can fail in contributing to HIV prevention. It goes on to cover the research gap by talking about the influence of Tort Law HIV exposing behaviour, comparison of UK and India Tort law stand regarding the liability of transmission of AIDS. The Critical Analysis majorly emphasises the challenges followed by recommendations. As the laws have not been properly amended yet regarding this disastrous problem, the paper uses American and UK case laws and precedents to put forward the point. Besides, most of these lawsuits involve fear of HIV exposure, not actual exposure to HIV. Future research is required to analyse how well people perceive the laws and how this perception affects their behaviour would be helpful to further understand the findings of this study. This paper concludes that criminal law and tort law are not likely to exert a significant influence on HIV prevention and the Indian judicial system needs to work a lot to make some difference to this.
Keywords: HIV prevention, criminalization, torts, public health, liability, negligence
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