On Hooch... And Torts

New Delhi: May 19, 2008
Yesterday, I raised a toast to your health.

This morning, I read of another ‘hooch tragedy’: many poor people have died consuming poison labeled as booze.

The news report says that some of this hooch was distributed free by politicians, in order to buy votes.

The newspapers also say that the police have been called in, and they are going to ‘arrest’ those responsible.

I am sick and tired of reading such stories.

In my book, this is a ‘tort’: an act of negligence, for which the victims must be financially compensated by the perpetrator.

The courts can act speedily in tort cases, which do not have to be ‘proved beyond reasonable doubt’ as in criminal trials. In tort cases, the court can decide on the basis of the ‘preponderance of evidence’. These cases can therefore be decided fast – and the compensation paid out immediately.

Why then, when ours is a ‘common law’ country, do we have no relief in torts? Why are all such cases deemed to be criminal cases, with the inept police being called in?

So that the case can be milked by the police, so that the perpetrator pays the police – while the victim gets nothing.

This is definitely not justice.

Read my old article “Ring In Torts”.