Want to help accident victims but scared of the law? Fear no more

Helping road accident victims will now become free of legal and procedural hassles as the Supreme Court on Wednesday directed the Centre to come up with a legal framework in three months to enact a Good Samaritan law so that road accident fatalities can be reduced by providing victims proper emergency care in time.

India tops the list of deaths caused by road accidents. According to a data released by the Ministry of Road Transport and Highways in 2013, around 1,37,576 people lost their lives in road accidents. The number translates into 380 deaths per day.

An eye-opener survey conducted recently says around 88 percent bystanders hesitate to help a victim of road crash due to legal hassles and fear of police harassment. Repeated questioning by the police, multiple summonses from courts of law and even prosecution for unintentional accidental deaths prevent passerby from extending a helping to people in need, reveals the survey.

Representational Image. Reuters

On the recommendations of a court-appointed panel, the Ministry of Home Affairs (MHA) has issued following guidelines for protection of Good Samaritans:

1. If a person, who is not an eyewitness, moves an injured person to the nearest hospital, he or she should not be questioned and be allowed to leave immediately.

2. Good Samaritans should be exempted from civil and criminal liability, except in case of malafides.

3. Those who inform the police or emergency services about a person lying injured on the road should not be forced to reveal their identity and personal details.

4. Personal information such as name and contact details of those who come forward for the help of road crash victims will be voluntary and optional, including in the Medico Legal Case (MLC) forms provided by hospitals.

5. In case a person, who has voluntarily stated that he or she is an eye witness to the accident is required to be questioned for the purpose of investigation but the questioning will take only once. Standard operating procedures will be developed in 60 days to ensure that the rescuer is not harassed, intimidated or hassled by the police or courts.

Technology, such as video conferencing, should be used to examine a witness.

6. All registered public and private hospitals cannot detain or demand money for registration and admission of the injured unless the person who has brought the victim is his or her relative. The injured should be provided necessary treatment without delay.
All hospitals designate a minimum of 2 percent of its annual profits towards free treatment on injured.

7. Lack of response by a doctor in an emergency situation pertaining to road accidents, where he may be reasonably expected to provide care, shall constitute “professional misconduct” under chapter 7 of the Code of Ethics Regulations, 2002 of the Medical Council of India. Suitable disciplinary action will be taken as per the norms of Chapter 8 of the said regulations.

8. All public and private hospitals will implement these directions within a period of 60 days from the date when these directions are issued. In case of non-compliance or violation of the directions within the time prescribed, the licenses issued to operate these hospitals shall stand revoked.

Welcoming the order of the apex court, Piyush Tiwari, founder and president of SaveLIFE Foundation, which works for improvement of road safety and emergency medical care, told Firstpost, “We hope the government will come up with legislation in the stipulated time to introduce a Good Samaritan law.”

“It will encourage people to come to the aid of road-accident victims. In the past decade, over 1 million people lost their lives in road accidents in India and millions more have become permanently disabled. Most of these deaths could have been prevented if bystanders had taken the necessary measures. I hope the new guidelines will soon have a legislative backing so that loss of precious lives can be saved,” he said.

Asked how will ordinary citizens be aware of the new guidelines and be encouraged to come forward to help injured, he said, “The Ministry of Road Transport and Highways and the Ministry of Health and Family Welfare have been asked to widely publicise the directions for a minimum of two years in Hindi, English and local languages through radio and news paper advertisements, Press Information Bureau and other agencies. We are also launching an awareness campaign through different means of communication.”

According to MD Imran, founder of Safe Road Foundation, the failure to assist a person in danger is a legal problem rather than a moral issue. Leave road accidents, people even refrain from intervening in minor scuffles only because of lack of public policies. The new directions will hopefully bring down “horrifying acts of public apathy”, said MD Imran, founder of Safe Road Foundation.

“The new directions will also encourage people not to run away from the spot in case their vehicles hit another. They will feel safe to rush the victim to a nearby hospital for treatment as it will not be mandatory for them to reveal their identity,” he said.