The tort law in India has developed and evolved from the tort law in the United Kingdom. This law, often known as “judge made law,” is not based on a statute and is not codified. Regardless, it has been there for a long time, although the number of tort suits has been declining. Tort is a legal term that refers to an act committed by one person against another that causes harm to the other. This act of misconduct results in either hurt or harm to the other person. By injury, we mean the invasion of a person’s legal right, and by harm, we mean the causing of any loss or detriment to a person that causes him to suffer. The severity of Tort is also determined by whether the act was committed with the goal of inflicting harm on the other person or whether the individual acted negligently and caused harm to the other person. The Tort law of India is based on the concepts of Tort law created in the United Kingdom. In fact, the majority of the key judgments cited in a Tort suit in India come from the House of Lords / English Courts. Tort claims in India are heard in civil courts, with redress ranging from monetary compensation to an order for an injunction or restitution.
It has long been debated whether or not India’s tort law is required. The Indian courts have frequently stated that tort law is necessary in India and beneficial to the society’s growth and development. In their judgements, the courts and the government have acknowledged the importance of torts by awarding exemplary damages in cases of carelessness, compensating rape victims, and recognising governmental torts, i.e. torts committed by government personnel. Torts, on the other hand, are not well-known among the general public, owing to the fact that they are not codified.
The Supreme Court of India has changed the law of torts in India via a number of significant decisions. It has also been suggested on several occasions that tort law should be codified in order to make it more accessible. Newer legislation, such as the Environment Protection Act of 1986, the Consumer Protection Act of 1986, the Human Rights Protection Act of 1988, and the Motor Vehicles Act of 1988, have all applied tort concepts. However, when compared to the development of Torts other nations such as the United Kingdom and the United States, it is still recognised that the branch of Torts as a whole is still growing and evolving in India.
This should not be construed to mean that the courts do not recognise or hear legitimate tort claims. Thus, a firmer foundation for a codified or more developed Tort law can be formed in India by vigorously contesting Tort cases, raising public awareness of this branch of law where remedy can be sought, and gradually improving this area of law.
To sum up, In India, tort law is a branch of legislation that deals with and provides remedies for non-contractual civil wrongdoings. A person who has suffered legal harm may be able to recover compensation for their injuries under tort law from someone who is legally responsible or liable. In India, tort law is a relatively young common law development complemented by codifying statutes, including damages statutes. While India generally takes the same strategy as the United Kingdom, there are some variances that could show judicial intervention, causing controversy.
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