DOI: 10.11648/j.ijls.20260903.22 ISSN: 2640-1908

Judicial Trends to Tort Claims in Bangladesh: Impediments and Way-out

Nayem Hyder, Tanjila Tamanna, Sirajum Hossaini
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This study critically examines the recent judicial evolvement in the area of law of torts in Bangladesh, focusing on recent judicial trends, challenges and suggest potential reforms to improve the tort law enforcement. This research is primarily qualitative by relying on legal statutes, case laws, academic literature, books, commentaries and journal articles to assess the application and efficacy of tort law in Bangladesh and a quantitative approach, supported by empirical data from a structured survey of legal professionals also be followed. A comparative perspective is also mentioned in the paper to explore how countries like UK, USA and India have developed robust tort system through proper codifications, various judicial precedents and judicial activism. The study reveals that tort law in Bangladesh has received limited judicial attention. However, some recent landmark cases on tort law illustrate as a gradual but promising shift to protuberant judicial approach towards the recognizing tortious liability particularly in the area of negligence, vicarious liability, and constitutional torts. Furthermore, the comparative analysis revels that a significant gap remains in enforcement practices and argue for comprehensive reforms to ensure procedural consistency, legal clarity and effective access to civil remedies against the wrongdoers. Finally, the study strongly indicates the necessity for dedicated statutes on tort in Bangladesh to provide legal certainty and promote wider access to civil remedies for aggrieved. This research paper contributes to the current dialogue on civil justice reforms and provides a strong foundation for enhancing the contributions of tort law in ensuring access to justice to all. The paper ends with some concrete recommendations including the enactment of a comprehensive statute on tortious liability and institutional capacity building.

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