TORTS CAN BE THE PERFECT SOLUTION FOR REDRESSING THE NEGLIGENCE COMMITTED BY PUBLIC AUTHORITIES IN PAKISTAN

Abstract

This study is an attempt to argue a case for establishing significance of torts, particularly tort of negligence, in the redressal of civil offenses committed by public authorities in Pakistan. In the legal domain, the law of torts carries great significance in fortifying the constitutional rights of the downtrodden in most common-law states, and the tort of negligence is said to be the backbone of the law of torts. The law of torts is established on morality and enshrines that no one has the right to injure or harm another entity intentionally or unknowingly. As one of the most important torts, negligence tort arises from the tortfeasor's unsafe actions, without any moral regard for others’ safety, wrecking unwarranted damage. It is recognized in Pakistan under both civil and criminal laws and is the biggest cause of accidental deaths and common civil wrongs in Pakistan, but unfortunately, it’s operationally least active. Tort laws are made by judges and the innovative case laws of the common law jurisdiction and Pakistani tort laws have been borrowing the principles and precedence set by other jurisdictions of common law over the years. The general understanding of negligence tort in western and Indian jurisdictions will assist Pakistani policy-making in the domain. It will help to establish the significance of negligence tort as a heralding legal compensation mechanism for the plaintiff by providing adequate compensation through the due process of law.