The document discusses the history and development of tort law in India. It notes that while tort law originated from English common law, Indian courts have adapted principles to suit local conditions. Significant changes include recognizing absolute liability, governmental torts, and human rights violations. Several acts have codified new principles of liability for areas like consumer protection and the environment. However, compared to countries like the US and UK, tort law is still developing in India due to lack of activism among the people, judiciary, and legislature. Courts face large caseloads and litigation costs are high, while legislation has focused more on criminal punishment than civil compensation for wrongs.

1. TORT REFORMS IN INDIA
BY: NARMDESHWAR

2. ORIGIN OF TORT
a. The term ‘tort’ was introduced into the terminology of English
Law by the French speaking lawyers and Judges of the Courts of
Normandy and Angevin Kings of England.
What is tort law?
a. The word tort is derived from the Latin term tortum to twist,
and implies conduct which is twisted or tortious. Though many
prominent writers have tried to define Tort, it is difficult to do
so for varied reasons. The key reason among this being, that the
law of Torts is based on decided cases. Further the law of tort is
still growing. If a thing is growing no satisfactory definition can
be given. Most of the development in tort law is the contribution
of the Indian Judges and lawyers. Though recommendations for an
enactment on tort law were made as early as in 1886 by Sir F
Pollock, who prepared a bill known as the ‘Indian Civil Wrongs
Bill’ at the instance of the Government of India, it was never
taken up for legislation. Undoubtedly a code is useful, but it is
well to recognise that this branch of law is still in the process
of growth and while it would be difficult to prepare a code which
is still growing.

3. Has Tort reform been overlooked in India?
a. The development of the absolute liability rule in the M.C. Mehta
case and the Supreme Court’s direction on Multinational corporation
Liability, recognition of Governmental tort by employees of
government, principles on legality of State, evolution of tort of
sexual harassment, grant of interim compensation to a rape victim,
and award of damages for violation of human rights under writ
jurisdiction, including a Rs.20 crore exemplary damages in the
Upahaar Theatre fire tragedy case by the Delhi High Court are
significant
changes
in
the
tort
law
of
India.
b. There have been a number of enactments such as the Public
Liability Insurance Act, 1991, Environment Protection Act, 1986,
Consumer Protection Act, 1986, Human Rights Protection Act, 1998,
Pre-Natal Diagnostics Techniques Regulations and Prevention of
Misuse Act, 1994, embodying the new principles of tortious
liability in India, which affords a preliminary answer that tort
law has not been overlooked.

4. AREAS
OF
TORT
REFORM
IN
INDIA.
a. Some of the features of the law of torts are which were
developed in England are absent in India.
The Indian courts
therefore, apply those principles to match the situations in India.
This means there is an altercation from the British law to suit the
Indian conditions. This fact is quite appreciated because there is
a difference in the societies and systems of Britain and India.
b. The judicial activism which has been present in certain cases
like the UCC Case, or the Nilabati Behera case, is typical examples
of development in constitutional tort. This fact shows that the
judiciary is in fact, active on setting precedents on tort law.
There has been a scattered array of acts and statutes relating to
different kinds of tort, like the Motor Vehicles Act, 1988 (it was
also enacted in late 80s) and Water Pollution Act, Air Pollution
Act etc. The Environment Protection also came up, as late as 1986,
as an after effect of the Bhopal Gas Tragedy. A more stringent rule
of strict liability than the rule then the rule in Rylands v.
Fletcher was laid down by the Supreme Court in M.C.Mehta v. Union
of India. The court gave the reasoning that the old rule of the
common law did not meet the modern techniques of science and
industrial society.

5. WHY INDIA LACK IN DEVELOPING TORT LAW IF
COMPARED TO OTHER COUNTRIES LIKE USA AND UK?
The subject of Law of Torts is well developed in countries like
USA, UK etc. It is still in the process of development and
adaptation in India due to the lack of triple activism.
a. Activism in People - In England and other advanced countries,
people approach court even for simple cases. However, in India
because of poverty, illiteracy, spirit of toleration and lack of
legal know-how, the people are reluctant to approach courts.
b. Activism in Judiciary - In India, the number of Courts and
judicial offers is very limited and the cost of litigation is
highly expensive. There is an inordinate delay in disposal of
cases.
C. Activism in Legislature - British legislature passes legislation
well in advance wherever necessary. In the Indian system,
punishments for crimes are given more importance than compensation
for wrongs.