PROTECTION FOR GOOD SAMARITAN

Central Government issues guidelines safeguarding those who help victims of road accident

Sometime in the year 2012, I got an invite to sign an online petition at Change.org seeking protection for those few good Samaritans who come to the rescue of victims in a road accident, but end up being victimized at various levels. Building the narrative, the petition referred to a road accident in which a 5 year old boy namely Om Gaikwad and his parents Aparna and Mangesh, after being hit by a bus, cried for over an hour pleading help from bystanders. The entire family, including 5 year old Om, died since none of the bystanders came forward to help them. I could see specifics relating to the incident especially name of the city where the incident occurred was not mentioned, yet I was tempted to believe since this could be anybody’s fate in any city, hence signed the petition.
Image indicative of the scene at an accident site

The situation has become such that with “one death and four injuries every minute” India has acquired the dubious distinction of reporting highest number of road fatalities in the world. According to latest NCRB report on road accidents in India, 137423 lives were lost in road accidents in the year 2013 and that the number of accident death show an uptrend compared to previous year’s figures. According to Law Commission of India, 50% of those ie about 70,000 lives could have been saved in the year 2013 had bystanders and passers-by helped victims reach nearby hospital in time.

In the absence of adequate safeguard, bystanders and passers-by feel if they help an accident victim, they would be caught in legal wrangles or face inconvenience and or intimidation at the hands of enforcement agencies, hence in most of the cases one prefer to remain mute spectators to the plight of accident victims. Even Autorickshaw, Taxi would refuse to board an accident victim, for the fear of being victimized. In case a good Samaritan takes an accident victim to hospital, the authorities insist for paperwork before providing medical assistance to the victim.

But this is going to change since the Hon’ble Supreme Court of India in the case of Savelife Foundation and Anr V/s Union of India and Anr in the WP (Civil) No 235 of 2012, vide its order dated 29th October, 2014 interalia directed the Central Govt to formulate suitable mechanism to protect good Samaritans from harassment on the actions being taken by them to save the life of road accident victims. In compliance thereof, the Central Govt through the Ministry of Road Transport and Highways notified in the Gazette of India No 126 dated 12th May, 2015 guidelines to safeguard good Samaritans from harassment at the hands of enforcement agencies.
Image indicative of the scene at an accident site

The Hon’ble Supreme Court of India said “Good Samaritans who come forward to help must be treated with respect and be assured that they will have to face no hassle.” Taking a cue from this, the guidelines clearly says a bystander or good Samaritan who makes a phone call to inform the police or emergency regarding person lying injured on the road, “shall not be compelled to reveal his name and personal details on the phone or in person” and disclosure on personal information, such as “name and contact details of the good Samaritan shall be made voluntary and optional including in the Medico Legal Case (MLC) Form” provided by hospitals.

Since the guideline has already been published in the official gazette, a bystander or good Samaritan including an eye witness of a road accident can now take an injured person to the nearest hospital, and the bystander or good Samaritan will be allowed to leave immediately except after furnishing address by “eyewitness only” and no question shall be asked to such bystander or good Samaritan. The full notification can be read/downloaded here.

Interestingly the notification while protecting a “bystander or Good Samaritans from any civil and criminal liability” says “disciplinary or departmental action shall be initiated by Government concerned against public officials who coerce or intimidate a bystander or good Samaritan for revealing his name or personal detail.”

Lack of response by doctor in an emergency situation pertaining to road accidents, where he is expected to provide care, shall constitute “Professional Misconduct” under Chapter 7 of Indian Medical Council (Professional Conduct, Etiquette and Ethics) regulation, 2002 and disciplinary action shall be taken against such doctor.

The development is being seen as a big victory for those good Samaritans who had to face intimidation for helping accident victims. The Govt of India is expected to bring suitable legislation in this regard in the days to come, however in the interim, it would be just appropriate to keep a copy of the Gazette along with RC in the dashboard of your vehicle since someone has very rightly said anyone could be a victim; anyone could be a good Samaritan.

We also need to publicize the matter in ways we can so that everyone is made aware of this important notification. Wide publicity would ensure that every accident victim receive time help and none of the victims are left crying for help, as the ill fated family of 5 year Om Gaikwad did. I appreciate the action taken by SaveLIFE Foundation in the mater and express my sincere gratitude towards Piyush Tewari and SaveLIFE Foundation for taking us along in the life giving initiative.

 The post was carried in the Port Blair edition of Echo of India dated June 29, 2015
The Notification was carried in The Daily Telegrams on July 29 and August 02, 2015.

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