Bibi Taharim Kabir Elma

Tort law is one such law that is an essential element for the legal system of any country. When discussing tort law, the first question will be what is tort law?It is basically a legal system that provides a compensation system to innocent persons for damages caused by others, under which the private right of the general public can be protected.Although there is a wide practice of tort law in all modern developed countries in the world, this system is still barren in Bangladesh. However, I think the time has come to think about protecting our public rights as well as our private rights from the timely confusion.As this field is still significantly underdeveloped in the legal system of Bangladesh the rights of victims of man-made natural disasters are being challenged today.Not that prison punishment will
always be enough for victims. Sometimes they are subjected to physical and mental injury and also face economic handicaps due to tortuous activity which has to be borne by the victim and his family.

1. Historical and legal background

To think about the basic state of tort law in Bangladesh, we have to go back to the time of the English colonial rule when our territory was influenced by the English common law system.Later, when Bangladesh became fully independent after the war of 1971, the previous legal system was revised and an independent legal system was created.And in this legal system, the majority focus was on criminal law and administrative regulation, leaving tort law largely unexplored. The lack of comprehensive tort law refers to policies that derive from settled case law and whose legal consequences are inconsistent, leading us thus far down a path of unpredictability.

2. Key Areas of Tort Law in Bangladesh

● Negligence: This is one of the most common areas of tort law. However, it is poorly defined in practice. Negligence has 4 requirements to prove. These requirements are derived from a British case law named Hill v Chief Constable of West Yorkshire (1989), where the claimant has 1) duty of care 2) A breach of that duty 3) Causal link and 4) Remoteness of Damage. Things must be proved. Even after these principles are established in Bangladesh, there is often a clear lack of care and responsibility which

still results in negligence even among us professionals. For example: Negligence in the medical sector.

● Defamation: Penal Code and areas of defamation are also covered by this Act.Although this sector is somewhat developed with specific provisions. However, the applications in this regard are often inconsistent, and in the context of our country, I think public persons have a slightly disproportionate protection compared to private persons. That is not the original purpose of tort law.

● Nuisance and trespass: Although these atrocities are recognized, very few cases are filed. A lack of awareness has been observed in many cases due to which cultural preference for informal conflict resolution has left many disputes unresolved.

● Product liability: This area is practically undeveloped. However, it does offer consumers a limited recourse against manufacturers for defective products. Eg: Consumer Directorate Bangladesh.

3. Challenges in developing tort law:

● Legal Ambiguity: Many legal terms and concepts in tort law in Bangladesh are still vague, which leads us to a lot of confusion in court interpretation.Due to the lack of this detailed statute, even in 2024, legal practitioners and judges continue to face obstacles in effectively implementing this law.

● Judicial backlog: Bangladesh's judiciary is plagued by a significant backlog of cases. Tort cases often take years to resolve, leaving potential claimants increasingly discouraged from seeking justice, further alienating our legal system.This delay not only affects the victims but also public confidence in the legal system is reaching a
fragile level.

● Cultural and Social Attitudes: It goes without saying that there is a strong cultural stigma associated with litigation in Bangladeshi society.Many people feel more
comfortable resolving disputes through informal means, such as mediation or family intervention, which are primarily able to prevent formal recognition of unethical
behaviour.

● Legislative Initiatives: Introducing comprehensive tort legislation would provide clarity and a structured approach to tort claims. This could include defining various torts, establishing standards of care, and delineating liability parameters.

● Awareness and Education: Public awareness campaigns are essential to inform citizens about their rights under tort law. Educational programs targeting both the
public and legal practitioners can enhance understanding and encourage the pursuit of legal remedies.

● Training for Legal Professionals: Specialised training for lawyers and judges in tort law could improve the quality of legal representation and judicial decision-making, thereby increasing public trust in the system.

● Judicial Reforms: Streamlining court processes and improving case management could help reduce backlogs. Establishing specialised courts or tribunals for tort cases could enhance efficiency and focus on resolving such claims.

● Support from NGOs: Civil society organisations can play a crucial role in advocating for legal reforms, providing legal aid, and helping to educate the public about their rights.We have BLAST, UNHCR, Joyita Foundation etc. for this kind of activities.

5. Conclusion :

Above all, it means that the underdeveloped area of tort law in Bangladesh poses a significant challenge to the country's legal system as a result of which individual access to justice is hindered.However, with targeted reforms, increased awareness, and better judicial support, there is still considerable scope to improve this area of law.Only by building a strong tort law framework can be ensured the accountability in Bangladesh and protect individual rights as well as plan to build a more just and healthy legal environment. Due to which the lives of many citizens can be meaningfully improved.

The writer is a, Student of University of London