TORTS IN INDIA: The unexplored chapter

Laying eyes on the judicial system that has headway with time into a refined law structure and bifurcated in several law fundamentals among which law of torts - an another leg of civil law came into form in early 80s by the French and was introduced in India from the England. The concept of tort encompasses only those civil wrongs independent of contracts and providing remedies in form of compensation for the damage suffered. Scrutinizing the field of torts in India is still an unexplored chapter. For the common masses it is a cluster of riddle that has acted as a close book for the people in developing countries like India.

Despite of the universal applicability, law of torts is somehow underestimated in the Indian judicial System and is not appreciated enough.India in terms of torts is not much advanced and that too the general public is not much enlightened and acquaint with this branch of law. Several aspects come forward when analysed about the fact of less evolving tort cases in India as compared to the UK and USA.

Firstly the laws like contracts, crimes, property etc all are codified but torts in India is not totally codified due to which there is a lack of precedent for every situation. The process of progressing of torts in India is still in an undergoing process which makes it difficult to code this branch of law and lacking of which put a stop to become as a more preferred form of lawsuit. The uncodified factor also interrupts the certainty in its rules and principles and hampers the uniformity.

Secondly illiteracy is also an indispensable factor resulting in lower torts cases in India. The literacy rate of India according to the researches is 74.37% only; the lack of knowledge makes people unaware about their legal rights as a result of which people files less cases and ignores the fact of the available individual rights to them

Thirdly the rising concern of poverty in India restrict the poor people to meet the demands of the courts for enforcing rights and suffer their violation of rights instead of paying expensive amounts to courts and advocates that too for small compensation amounting not more than Rs1000 or 2000 etc. Fourthly torts based cases are disposed off within a year in England but the condition in Indian judicial system is deplorable and inadequate. It takes years and years for a single case to be completely figured and resolved. To the approximate data 7057268(76.53%) civil cases are more than one year old in India, this make people to back off and not to indulge in the civil cases dealing with torts.

Last but not the least law of torts in India is based on the similar laws and doctrine of the English law of torts which itself is based on the common law of England due to which torts become a selective application in Indian courts and is only applied if it suits according to the culture and circumstances of the Indian society. It is departed if any of the rules appeared unreasonable. There are chains of precedents on Law of torts available for different situation in England but cannot be applied in Indian circumstances and situations which itself becomes one more factor for declined torts cases in India.

The supreme court of India is contributing in shaping the law of Torts in India. Some branches of torts are codified in India including (The consumer protection act,1986 motor vehicle act,1988 Bhopal gas leak disaster act,1985 sale of goods act,1930 Workmen compensation act,1923 Judicial officers Protection act,1950 Indian carriers act,1865 Cattle trespass act,1871 Easement act,1882 War injury act,1943 Fatal accidents act,1955 Trade and Merchandise act,1958 Copy right act, 1957 Specific relief act,1963 Patent act, 1970 Air act,1972 Indian Patents and Designs act,2000 ). The lacunas obstructing the development once evacuated will soon lead to progress in tort litigation in India. Embracing simple procedures, affordable fees, apprising and making people familiar with the legal rights will lend a hand to increase the dimensions of torts more efficiently in the present Indian judicial system.

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