MANY lawyers in Pakistan and India believe that the law of torts need to be revamped. In India, however, some efforts were made in this respect after the Bhopal gas tragedy in December 1984.

The law of torts is very vital as it secures the rights of people, especially the common man, who may not always have enough resources to seek justice. This law is prevalent in Britain and the West and we in Pakistan need to develop it further in line with modern needs.

The law of torts in Pakistan emanates from the common law of England, but it has not been codified like other streams of law.

Way back in 1874 Sir Fredrick Pollock prepared a draft bill of the Law of Civil Wrongs on the request of the British government, but ultimately the colonial Indian government decided not to undertake codification in this area at that time. The reason perhaps was that the public was not sufficiently educated to understand this law. Thereafter the matter receded in the background.

Pakistan should codify this law as it is the best way of addressing the rights of the common man.

Rashid Jalali

Karachi

Published in Dawn, November 24th, 2018