Author : Maanvi Tyagi, Student at Symbiosis Law School, Pune
This case commentary proceeds to elaborate and critically analyse the case of Anil Kumar Gupta v Union of India, which further breaks down the grave railway mishap and analysis this tort from a constitutional perspective. It highlights the plight of the deceased and questions whether such grave tortious acts perpetuated by the state can be neglected on the mere excuse of ‘sovereign power’. Therefore, the article with the help of the present case analyses whether the constitution of India holds a mechanism to prevent such accidents and further encompasses a regime to uphold individual rights. It aims to strike a balance between the sovereign power (the purview and extension of such rights) and individual freedom and Justice.
Keywords: Constitutional tort, sovereign immunity, Article 21.