The Evolution and Practice of Law of Torts in India
The Evolution and Practice of Law of Torts in India
Summary: Explore the development of Tort law in India, from common law roots to landmark cases like the Bhopal and Oleum gas leaks.
Neighborhood disputes and property trespass are not uncommon sources of social disharmony. In legal terms, a Tort is an act conducted by one person towards another that causes harm, injury, or loss. Whether the act was intentional or a result of negligence, Tort law provides a mechanism for the victim to seek justice.
Understanding Torts in the Indian Context
The term ‘Tort’ is a French word equivalent to the English word ‘wrong’. Derived from the Latin tortum (to twist), it implies conduct that is twisted or tortuous. Unlike a breach of contract, which is a violation of a right in personam (against a specific person), a tort is a violation of a right in rem (a right available against the world at large).
Core Principles of Tort Law:
- Compensation
- Concept of Injury
- Burden of Proof
- Vicarious Liability
- Contributory Negligence
- Joint & Several Liability
- Self-defence
How Torts Empower Citizens
One person’s duty is another person’s right. Each Indian citizen has the right to freedom of movement and enjoyment of property. This entails a duty of care towards the surrounding environment and people. This philosophy is captured perfectly by Sahai. J.:
"The entire law of torts is founded and structured on morality. Therefore, it would be primitive to close the ever-expanding horizon of tortious liability. Even for social development, a liberal approach to tortious liability by court would be conducive."
Landmark Cases in Indian Tort Law
1. The Oleum Gas Leak Case (M.C. Mehta v. Union of India)
Following a leak at Shriram Food and Fertilisers in Delhi (1985), the Apex Court established the Rule of Absolute Liability. Unlike "Strict Liability," which has exceptions, Absolute Liability ensures that hazardous industries are liable for damages regardless of the precautions taken.
2. The Bhopal Gas Tragedy (1984)
The leak of 27 tonnes of Methyl Isocyanate (MIC) from the Union Carbide plant remains the world's worst industrial disaster. It highlighted the need for the "Bhopal Gas Leak Disaster Act," allowing the Government to represent victims. This case forced India to confront the limits of untested technology and corporate negligence.
3. The Vizag Gas Leak Case (2020)
The release of Styrene Gas at LG Polymers India led the National Green Tribunal (NGT) to apply the Polluter Pays Principle. The company was held strictly responsible and ordered to pay ₹50 crore in damages for the harm caused to the surrounding community.
The Path Forward: Codification
While Tort law is highly evolved in the UK and USA, it is still growing in India. Most Indian cases are settled out of court or decided in lower courts without being reported. There is an urgent need to codify the law of Torts in India to empower the general public and restore harmony in cases of nuisance, trespass, and negligence.
Frequently Asked Questions (FAQs)
1. Is Tort Law codified in India? No, unlike Criminal or Contract law, Tort law in India is not codified into a single statute. It is primarily based on English common law principles and judicial precedents set by the Supreme Court and High Courts.
2. What is the difference between a Tort and a Crime? A tort is a civil wrong against an individual seeking compensation (liquidated damages), while a crime is a wrong against the state/society punished by imprisonment or fines.
3. What is Absolute Liability? A principle evolved by the Supreme Court in the M.C. Mehta case where industries handling hazardous substances are held liable for harm without any legal exceptions or defenses.
4. What is Vicarious Liability in Torts? It is a situation where one person is held liable for the wrongful acts of another, such as an employer being responsible for the actions of an employee committed during the course of employment.
5. Can I file a tort case for mental agony? Yes, Indian courts recognize "nervous shock" or "emotional distress" as a valid ground for damages if it results from a negligent or intentional act by another party.
6. What is the 'Polluter Pays Principle'? This principle dictates that those who produce pollution should bear the costs of managing it to prevent damage to human health or the environment, as seen in the Vizag gas leak case.
7. What are 'liquidated' vs 'unliquidated' damages? Liquidated damages are pre-determined amounts mentioned in contracts. Tort law deals with 'unliquidated damages,' where the court determines the compensation amount based on the injury suffered.
8. Is 'Self-Defence' a valid defense in a tort claim? Yes, if you use reasonable force to protect yourself, your property, or another person from a threat, it can be a valid defense against a claim of battery or trespass.
9. Why is Tort law less popular in India than in the USA? The lack of codification, low awareness of civil rights, expensive litigation, and the tradition of settling disputes out of court are primary reasons for slower growth.
10. How does a 'Nuisance' differ from a 'Trespass'? Trespass is a direct physical interference with someone's land, whereas Nuisance is an indirect interference with a person's use or enjoyment of their land (e.g., loud noise or bad odors).