Are we good, law of Torts?

India is the largest and most complicated democratic country with people of different castes, creed,
religion, ethnicity, social and moral values . The dynamic society of the country requires change
and modifications in existing laws to keep pace with it.
The law of Torts in India is an emerging concept and yet to get its full fledged application in the
legal system. As most of it is still uncodified, it finds its source from judgement of English courts
and other common law countries. Although, the origin of the law of torts in India is British Laws,
but it also evolved after independence and reflects through various legislations like Motor Vehicle
Act, 1988, Consumer Protection Act, 1986 etc. In recent times, the Justice Delivery System of the
country showed it’s reliance on the law of Torts through different judgements passed by it. In the
cases of M. C. Mehta V. Shri Ram Foods and fertilizers Industries and Union Carbide Corporation
vs Union Of India, the Apex Court had added a new dimension to this section of law through which
it served the plights of several innocent people. The concept of ‘absolute liability’ not only
recognised the liability of the defaulter but also tried to put deterrence against same thing to be
happened in future. Unfortunately, in 2020, when the same tragedy hit Visakhapatnam, it exposed
the loopholes in the system. The insouciance of the authorities to come up with a codified statute
of law of Torts made the innocent people pay with their lives and it would continue if legislating
a statute against tortuous liability does not receive acknowledgement as a need of the hour.
The relevance of law of torts is being celebrated throughout the world and India is also taking steps
towards it. It would be very impractical to expect the country to progress in same pace with others,
but focusing on codification of the law and increase in advocating for its application by the
judiciary would help in its advancement. The field of law of torts demands more attention and
initiatives as to reduce and save the rights of common people against the infringement and
damages. One of the reason behind this section of law is failing at grabbing limelight is it lacks
public awareness. People of this country is less careful about their rights, thus also, are reluctant
to seek remedy under it. It’d be unfair to say that lack of awareness is only the reason, but there
are also other reasons that play role behind this like avoidance of expenses and long judicial
process, delay in disposal of the cases, harassment by prolonged court process etc.