Ritambhara Narang, B.A.LLB (Hons), Gujarat National Law University & Advocate, High Court of Delhi
ABSTRACT
A Tort, in simple terms, can be defined as a legal wrong committed upon person or property independent of contract. The law of Torts owes its origin to the English common law which over the ages has been developed by judicial precedents and judicial activism of the English judiciary on a case- to-case basis. This paper deals with the evolution of the law of Torts as a result of the dynamic nature of the society leading to an increase in tortious cases. This increase in cases led the English judiciary to reevaluate and establish a new legal system as a means to protect the public. Through this paper the author seeks to trace the historical evolution of the Law of Torts in India and its impact on the Indian judicial system post-independence.
India, being a welfare state, has numerous interactions between State and its subjects which leads to multiple points of conflicts between the two. This paper analysis the concept of “sovereign immunity” and its interaction with a democratic welfare society established under the Rule of Law. Lastly, the paper deals with the lack of development of the Law of Torts in India as well as the way forward in the form of the emergent need to codify the Tort legislation in India to provide appropriate legal redressal systems to those whose rights are afflicted by tort law violations.
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