Founder of petitioner SaveLife Foundation Piyush Tewari, who had moved the Supreme Court on the subject, welcomed the notification.
Finally, there will be recognition for individuals who assist an accident victim by either taking them to the nearest hospital or calling for medical help. The Ministry of Road Transport and Highways notified guidelines on Monday, protecting the rights of such good Samaritans from legal and procedural problems.
Founder of petitioner SaveLife Foundation Piyush Tewari, who had moved the Supreme Court on the subject, welcomed the notification. "Although this is an interim measure, these guidelines will help create a supportive environment for bystanders to come forward and help the injured without fear of intimidation or harassment by the police and hospitals. The onus is now on the state governments to ensure implementation of these guidelines."
The guidelines are a result of a Supreme Court judgment, wherein the court had set a deadline of May 15. The guidelines were finalised on May 13 but formally notified only on Monday.
In the last decade, in India, 46 lakh people were seriously injured or disabled in road accidents. Annually, around 1.37 road-related deaths occur; 12.02 lakh people got killed in the last decade due to road accidents. The number could be half, if timely medical help is provided to them. But three out of four people are reluctant to help person/s injured in road accidents, thereby resulting in higher deaths.
The deterrent is fear of getting trapped in legal and procedural issues, besides the fear of harassment by the police. Moreover, there are private hospitals who are hesitant in giving medical aid in such cases unless some money is deposited.
Know your rights
Bystander or good Samaritan should be allowed to leave immediately except after furnishing address of the eyewitness only, and no question shall be asked to such bystander or good Samaritan.
There should be a suitable reward or compensation to encourage citizens to come forward to help accident victims.
Bystander or good Samaritan shall not be liable for any civil or criminal liability.
Bystander or good Samaritan, who makes a phone call to inform about the victim lying on the road, shall not be compelled to reveal his/her name and personal details.
Disclosure of personal information shall be voluntary in medico-legal case form of hospitals.
Disciplinary/departmental action shall be initiated against public officials who coerce or intimidate a bystander or good Samaritan to reveal name and personal details.
In case of voluntary disclosure of being a witness to an accident and required to be examined for investigation by the police or during the trial, such a person shall be examined only once and the state government shall develop a Standard Operating Procedure (SOP) for non-harassment.
SOP shall be developed within 30 days from notification. Examination methods shall be as per section 284 of the Code of Criminal Procedure, 1973, or on affidavit.
Video-conferencing may be used extensively during examination of bystander or good Samaritan to prevent harassment and inconvenience.
The Ministry of Health and Family Welfare shall issue guidelines for all registered public and private hospitals not to detain bystander or good Samaritan or demand payment for registration and admission costs, unless s/he is a family member or relative of the injured.
Lack of response by a doctor in an emergency situation pertaining to road accidents shall constitute 'Professional Misconduct' and disciplinary action shall be taken against the doctor.
All hospitals shall publish a charter in Hindi, English and vernacular language of the state and union territory at their entrance, declaring that a bystander or good Samaritan won't be detained or asked for money for treatment.
In case a bystander or good Samaritan demands, an acknowledgment should be provided, confirming s/he getting an injured person to the hospital and the time and place of the incident.
All public and private hospitals shall implement the guidelines immediately. Non-compliance or violation will attract action by authorities.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}