Government Finally notifies Guidelines for the protection of Good Samaritans - Factly
Sai Krishna Muthyanolla
June 6, 2015
Good Samaritans or people who help road accident victims by taking them to the hospital had everything going against them from legal wrangles to harassment. Thanks to the Supreme Court directive, the Government has finally notified guidelines to protect good samaritans from any civil & criminal liability among other things. The disclosure of the name has also been made voluntary.
Imagine you being subject to harassment, detention at hospitals and legal hassles when you want to help the injured in road accidents. Most people in India do not come forward to help the injured in fear of such problems. This won’t be the case anymore, thanks to the Supreme Court directive in a petition filed by Save LIFE Foundation in 2012. During the course of hearing in this case, the Supreme Court on 29th October, 2014 directed the Government of India to issue necessary guidelines for the protection of Good Samaritans until appropriate legislation is made. The guidelines were to be made within three months.
The Ministry of Road Transport and Highways (MoRTH) has finally notified guidelines to protect Good Samaritans, who come forward to help road accident victims, from legal and procedural hassles. The guidelines were officially notified on 13th May, 2015. The notification said that the Government considers it necessary to protect the Good Samaritans from harassment on the actions being taken by them to save the life of the road accident victims and, therefore, these guidelines were being issued. They are to be followed by hospitals, police and all other authorities for the protection of Good Samaritans.
Some of the key points in these guidelines are
Piyush Tewari, Founder of petitioner SaveLIFE Foundation welcomed the move. “We welcome this move of the Central Government. Although an interim measure, these guidelines will help create a supportive environment for bystanders to come forward and help injured persons without fear of intimidation or harassment by Police and Hospitals. The onus is now on State Governments to ensure implementation of these guidelines”, he said in a statement released by SaveLIFE Foundation. According to a national survey conducted by SaveLIFE Foundation, presently 3 out of 4 people are reluctant to come forward to help an injured in road accidents. Majority of them fear police harassment, detention at hospitals and prolonged legal formalities
Let’s hope that these guidelines will encourage more and more people to help accident victims and take them to the hospital.
Source: The Gazette of India No. 25035/101/2014-RS
Featured image: Biswarup Ganguly [GFDL, CC BY 3.0, GFDL or CC BY 3.0], via Wikimedia Commons