Shaping India's Tort Law Through Judicial Innovation And Its Consequences For Legal Reform
- IJLLR Journal
- Aug 15
- 2 min read
Ms. Poonam, Assistant Professor, C. R. Law College, Hisar
ABSTRACT
Law of Torts, derived from English common law, has primarily developed through judicial precedents, yet not codified in India. This branch of law developed gradually and various heads of wrongs are covered within it through various case laws. Yet its development in India is very slow due to a number of circumstances and factors. No doubt legislature has aimed to codify and to provide statutory recognition to various torts such as by introducing the Motor Vehicle Act, National Green Tribunal Act and various other environmental laws. Rather none of them deals with the issue exhaustively. This research investigate the factors which lackadaisical the development of law of torts in India while discussing judicial innovation in this discipline. It addresses
- how the judges have explored, interpreted and applied the legal principles to address the emerging socio-legal issues in absence of a statutory framework. Our judiciary has not blindly followed the principles of English jurisprudence rather modified and then applied in context to the Indian scenario. This research based on the existing papers that deal with the issue of non-codification but falls short in the judicial role in development tort with specific examples, which isaimedtoaddresshere.Forthat,thispaperanalyze the significant rulings like M.C. Mehta v. Union of India and stance of court in dealing with tortious action through other authorities as well. It evaluates the dual facets of such judicial innovation first by celebrating and appreciate the efforts to protect and upholds the rights of sufferer and then analyzing its shortcomings and limitations. This gives a balanced and unbiased horizon to the paper. Finally, this research advocates for harmonizing the segregated legal provisions on tort law by providing certain suggestion, which again provides an opportunity for future research on these suggestions for facilitating development of tort law in India.
Keywords: Torts, Common Law, India, judiciary, Uncertainty, Codified, wrongs.
