On October 29 last year, the Supreme Court passed an order directing the ministry of road transport and highways (MoRTH) as well as the ministry of law and justice (MLJ) to come out with a 'directive' to protect Good Samaritans who save the lives of accident victims. However, neither of the union ministries have so far honoured the order even though the deadline expires on January 28.
The SC-appointed committee, headed by K Skandan, additional secretary of the ministry of home affairs, had submitted a report that has been accepted by both the union ministries. But a formal Act to protect the life of road victims and interests of the Good Samaritans still seems to be a distant dream.
Hesitant to offer help
In the last decade, 46 lakh people have been seriously injured or were disabled in road accidents in India. Annually, around 1.37 lakh road-related deaths occur, and 12.02 lakh people were killed in accidents in the last decade. The number could be halved, if timely medical help is provided. But due to the fear of getting trapped in a legal situation, especially the fear of harassment by the police makes passers-by or pedestrians think twice before stepping in to take the victim to the nearest hospital. Moreover, many private hospitals are hesitant about giving medical aid in such cases.
In order to remove this hesitation and fear, the Supreme Court had directed MoRTH and MLJ to issue a directive by January 28 till the time 'appropriate legislation is made by the Union Legislature'. However, both the ministries are yet to act.
We will move court again, says NGO
SaveLife Foundation, the non-profit organisation that had moved a writ petition is waiting for the deadline to get over. "There have been some meetings within the government on this matter, but no decision or direction has come yet. The three month time given by the court expires on January 28. We will move court again if nothing substantial is done," said Piyush Tewari of SaveLife Foundation.
According to Tewari, there have been directives issued in the past, but they are not legally binding on the states. "Therefore, we expect stronger measures legislatively," said Tewari to dna.
SC-appointed committee's recommendations:
1) Hospital must admit victims
2) Person accompanying injured should not be detained by hospitals for registration
3) Licences of private hospitals can be revoked if they do not comply with norms
4) Police need not ask the witness to appear in court, it can happen through video conferencing
5) Police officers should be harass or intimidate Good Samaritan
6) If harassed, disciplinary actions can be initiated
7) If demanded, acknowledgement certificate should be issued to 'Good Samaritan' by the hospital
8) Good Samaritans should be exempted from civil as well as criminal liability
Case study: Hit-and-run at Marine Drive
In a hit-and-run incident that had occurred on the night of March 23, 2007, at Marine Drive, those who helped take the victim to the hospital were not harassed by the police. "Soon after the accident, two people transferred my mom and dad to Bombay Hospital. Fortunately, my mother survived after several rounds of surgeries, but my dad didn't," said Faraaz Dharamsey.
"Till date, I have been called only once to register my statement at Marine Drive police station," said Kaptan Mali, who had helped Faraaz.
Faraaz claimed that the accident had happened when a minor was at the wheel, but someone else surrendered to the police. Later, the person who surrendered confessed that he was a 'dummy' placed in the case and it was his former employer's son who was involved in the accident. Faraaz and his mother are still waiting for justice.
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