Civil justice in mass tort litigation: Bhopal and beyond

Gupta, Arpita (2025) Civil justice in mass tort litigation: Bhopal and beyond. In: Research Handbook on Civil Justice. Edward Elgar Publishing Ltd., pp. 408-424. ISBN 9781035314584

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Abstract

Mass tort claims traverse civil, social and cross-jurisdictional justice concerns, posing challenges that traditional tort doctrine and procedural frameworks often struggle to address. India experienced this first-hand when the Bhopal lawsuit was dismissed in the United States. Taking Bhopal as the starting point of Indian mass tort litigation, this chapter asks: How did the Indian legal system respond? Was the response adequate? More importantly, did it evolve to meet subsequent challenges, and if so, how? It undertakes a study of major Indian mass tort cases over the past four decades, tracing the law's evolution and identifying three distinct yet overlapping phases (mid-1980s; late-1980s to late-2000s; 2010–present) and the corresponding three avenues of redress: civil courts, writ jurisdiction, and specialised tribunals. Grounded in access to justice considerations, it critically examines prevailing notions on constitutionalisation of Indian tort law and offers practical guidance for legal systems adjudicating mass torts, the longitudinal lens revealing insights that elude cross-sectional analyses.

Item Type: Book Section
Keywords: Mass Torts | Access to Justice | Tribunalisation | Institutional Reform | Public Interest Litigation | Constitutional Torts
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Luckey Pathan
Date Deposited: 12 Mar 2026 10:40
Last Modified: 12 Mar 2026 10:40
Official URL: https://doi.org/10.4337/9781035314584.00039
URI: https://pure.jgu.edu.in/id/eprint/11034

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