ANALYSIS OF FERES DOCTRINE

Registration ID: IJNRD_199554

Published ID: IJNRD2306342

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MILTON JOHNY J S

This research paper assesses the Feres Doctrine, “an exception to the Federal Tort Claims Act,” which immunes the government from its liability when military personnel is injured in military duty. The Supreme Court gives shielding from judicial review about 70 years ago, and it practically applies to every type of intra-military harm, from a careless delivery and heinous misbehaviour like sexual assault. Feres doctrine bars the service military personnel to sue the US government. This study hints the doctrine’s roots, examining its historical development, background and recording its current state. It also seems that Judges applying this doctrine feels moral injury. The civil-military divide and the absence of significant people from the military must be taken into account while analysing the Feres doctrine. It is crucial to keep in mind that most educated, wealthy Americans are unaware of the existence of the regulation, which abolishes a prerogative that Americans take for granted the ability for military members to sue. The Feres theory, according to some, treats service members like second-class citizens. The findings of the study stresses that the courts don’t only deny personal injury lawsuits brought by wrongdoers at the state level but also dismisses ancillary suits arising out of intra-military harm. The findings also reveal the neglected act of government’s act leading to effectively denying the harm caused to non-duty survivors who are indulged in sexual assaults. The United State government now planning to enact the bill that would let the serving members to initiate suit against the government for medical malpractice

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MILTON JOHNY J S (June-2023). ANALYSIS OF FERES DOCTRINE. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 8(6), d416-d420. https://ijnrd.org/papers/IJNRD2306342.pdf

Volume 8 Issue 6, June-2023

Pages : d416-d420

Paper Reg. ID: IJNRD_199554

Published Paper Id: IJNRD2306342

Research Area: Other

Author Type: Indian Author

Country: KANYAKUMARI, TAMIL NADU, India

Published Paper PDF: https://ijnrd.org/papers/IJNRD2306342.pdf

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