‘REMEDIES’ FOR ‘INJURIES’ CAUSED: AN OUTLOOK

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The well known maxim “ubi jus ibi remedium” states that “Where there is a right, there is a remedy”. The victims are free to move to the court of law and thereby ask for their relief and also for proper compensations in accordance with the merits and consequences of the case. These rights can be enforced whenever there is a violation of a legal right. The provisions of redressal are available under Civil laws, Criminal laws and Constitutional laws. However, it can be seen that in most of the cases of gross violation of legal rights, the cases never come up to the courts of law, even if they come up, they are difficult to be proved and the defendants often seeks the benefit of ‘strict liability’. Hence, the aggrieved persons either do not get justice, or they end up getting very little amount of compensations, which is also an injustice done in its true sense. The minor cases of “injury” are often left unreported. Therefore, it can be asserted that although there are provisions in law to provide remedies to the victims whose rights has been violated, but whose remedies, in most of the cases are inadequate, unsatisfying and do not fulfill the purpose of justice in its true spirit. The law of remedies is concerned with the character and extent of relief to which an individual has brought a legal action and is entitledonce the appropriate court procedure has been followed, and the individual has established that he or she has a substantive right and that has been infringed by the defendant. The ‘remedy’ of damages is generally intended to compensate the injured party from any harm that he or she has suffered due to the violation of his or her legal rights. These kinds of damages are ordinarily known as compensatory type of legal damages and the only remedy available for ‘injuries’ caused under the law of torts. However, the inclusion of Fundamental Rights in the Constitution of India is in accordance with the trend of modern thought, the idea being to preserve that which is an indispensable condition of a free society. The powers of the Government are limited by the rights of the people and that, by expressly enumerating certain rights of the people in the Constitution, the framers of the Constitution did not intend to recognize that Government had unlimited power to invade other rights. In case these rights are invaded, there are prescribed remedies available for the aggrieved persons. It is also stated that justice should not only be done but also seen to be done in its true spirit. Thus, though law exists but they need to be more stringent, better administered and properly implemented to serve the purpose of justice in its strictest sense.

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