In India, The law of torts is a comparatively new common law development supplemented governing damages. Generally India follows the UK approach, but there are some differences which may indicate judicial activism, hence creating certain conflicts.
In the Hindu law and Muslim law, tort had a much narrower conception comparatively to the tort of the English law. The punishment of crimes in these systems contain a more prominent place than compensation for wrongs. The law of torts in India basically follows the concept of tort of English law, which itself based on the principles of the common law of England. This was made suitable to the Indian conditions following the principle of justice, equity and good conscience and as amended by the Acts of the legislature. Its origin is linked with the establishment of British courts in India.
Law of Torts basically provides remedies or compensation, to the person who got some damages by means of providing compensation Torts tries to back the person to the actual level by the help of damages. In M.C. Meh ta v. Union of India, Justice Bhagwati said, “we have to evolve new principles and lay down new norms which will adequately deal with new problems which arise in a highly industrialized economy. We cannot allow our judicial thinking to be constructed by reference to the law as it prevails in England, or for the matter of that in any foreign country. We are certainly prepared to receive light from whatever source it comes, but we have to build our own jurisprudence”. It has also been held that section 9 of The Code of Civil Procedure, which enables the civil court to try all suits of a civil nature, impliedly confers jurisdiction to apply the Law of Torts as principles of justice, equity and good conscience. Thus, the court can draw upon its inherent powers under section 9 for developing this field of liability.
Law of Torts is a very important aspect of Indian legal system. It almost covers the civil wrong and provides justice in the means of compensation. In countries like India there is always a need of this kind of laws which provides liquidated damages as well as unliquidated damages.
Torts in India itself is a separate branch of justice lightning law, which makes the work easier of other branches of law. This kind of separation in legal system makes the whole system efficient and effective. This efficiency is a priority need of developing nations, that is why Law of torts is so much important for India. Law of Torts is uncodified in India but still people using this branch of law for their convenience and people should use Torts because in daily life our rights have been exploited by the other party and by not knowing our rights we don't say anything but Torts makes things easy for us. By concluding all, it is a duty for us to practice our rights so, Law of Torts is very relevant for India. It must be the justice providing law.
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