Abstract

It is believed that India will soon have the highest number of HIV/AIDS cases of any country. Some reports project that 37 million people will be infected within the next two decades. Sadly, few studies have examined the legal claims of those who suffer with this disease in this, the world's largest democracy. In this article, I systematically examine how the courts in India have responded to rights-based claims brought by people who have HIV. The conventional wisdom is that the Indian judiciary frequently protects the rights of the poor, the under-represented, and the ill. But my findings reveal that, at least for people with HIV, the courts have not extended to this group full constitutional protection. The implications of this conclusion force us to revisit whether the courts in India best safeguard the rights of others who are disadvantaged.

pdf

Additional Information

ISSN
1085-794X
Print ISSN
0275-0392
Pages
pp. 791-819
Launched on MUSE
2003-08-05
Open Access
No
Back To Top

This website uses cookies to ensure you get the best experience on our website. Without cookies your experience may not be seamless.