Current Legal Update

Urgent Need for Codified Tort Laws in India: Addressing Gaps in Medical Negligence and Civil Wrongs   

Although there are statutes, rules, and court rulings in India, the laws that govern civil wrongs and medical negligence are still dispersed throughout the country. Because of this fragmented approach, victims who are looking for justice, healthcare providers who are dealing with legal uncertainty, and courts that are addressing a variety of claims are all left with a sense of perplexity. There is an immediate requirement to codify tort law in India, which would involve bringing all concepts under the purview of a single, organized statute. To define rights, duties, and remedies for medical negligence and other civil wrongs, codification would streamline litigation and increase accountability. Codification would also streamline the process of litigation. The purpose of this article is to investigate the historical backdrop of Indian tort law, to identify important gaps in medical negligence claims, to investigate the benefits and problems of codification, and to provide ideas for the development of an efficient Tort Code that is suitable to India’s legal and social situation