History Of Tort Law in India and the United States of America

History of Tort Law in India and Tort Law in the United States Of America A tort can be known as that area of law wherein the courts provide remedies of permitting a lawsuit for damages in acknowledgement of a private or civil wrong. In India and the United States Of America, resemblance in law, if any, seems to have been inherited from the legal practices as took place in the British era. In India, tort law has been only in implementation since towards the end of the British rule. However most of Tort Law has developed in India post the independence in 1947. Tort law in India is, for most part, based on English tort law, which is based on the principle of common law. However, in Hindu Law and Muslim Law, the definition of “tort” holds a much more myopic view than the system of tort law implemented by the British. As per the Hindu and Muslim legal system, punishments for crimes outlined in these systems hold a more important place than compensation for the wrongs. The United States, to this day, still refers to the English principles of common law while civil procedures in the United States have always held compensation of wronged individuals paramount to punishing the perpetrator as its primary purpose. Tort Law: History in India Tort law as a concept came to India around the late 1800’s when Sir Henry Maine and Sir James Stephen stressed the need of a tort code in India. It was noted that the presence of torts in India would be a huge blessing as it would aid the legislature curtailing a lot of provisions of the Indian Penal Code.
The law of torts in India is still in its embryonic stage as far its development is concerned and where the statutes are codified as well status which decide what is to be done in case of damages. The Indian penal Code also has played a role in criminalizing certain areas of tort law. Also, while formulating India’s Tort law, special attention had been given to India’s Socio-cultural practices as well as certain