Karnataka’s grant of legal protection to ‘good samaritans’ must become a template for other States to follow
For far too long, we have been perverse consumers and makers of viral videos showing an accident, shooting or attack victim bleeding to death on the road with multiple injuries. For far too long India’s road fatalities have topped charts globally mostly because of “no response” in the golden hour when hundreds of victims stand a chance of being saved. So it is more than welcome that passersby have been protected from legal and medical inquiry and their consequences when they rescue victims on the road. President Ram Nath Kovind has given his assent to the first bill to give legal protection to good samaritans in Karnataka so that they step forward without hesitation and help accident victims get to the nearest medical facility. With the Good Samaritan and Medical Professional (Protection and Regulations during Emergency Situations) Bill, 2016, Karnataka becomes the first State in India to implement a law that will encourage more responders to save lives fearlessly. Now the demand for a good samaritan law has been in the works for some time. If you may wonder why good intentions and karma have not been enough, then consider this. Most surveys down the years have revealed that 90 per cent bystanders stop short of taking charge of the serious road accidents primarily because of police inquiry and hassles, hospital refusal to accept admissions and the fear of their intervention being interpreted as being criminal in the event of the victim’s death. Most helplessly step back fearing uncalled for legal harassment post the humane act or intent. So now that the law proofs them against bullying of any kind, they can be part of the frontline response mechanism. Bystanders are the critical link in ensuring that medical assistance reaches an injured person as swiftly as possible. The World Health Organisation (WHO) has emphasised more than once that no matter how sophisticated and well equipped the hospitals or their trauma care protocol, including advanced paramedics, they would be able to do very little if bystanders failed to call for help or provide basic care until help arrived. Most advanced countries in the world — Australia, Canada, UK, US, China, Finland and Israel among others — have had the samaritan laws in place for some time precisely respecting this argument.
The move by Karnataka, which happens to be in the top five States with the ignominy of having the most road accidents, is rounded. The State Government will be creating a “Good Samaritan Fund” as an incentive for those who have shifted accident victims in their own vehicles. Good samaritans won’t be liable to repeatedly visit police stations and courts either. In cases where court attendance is necessary, the travel expenses (to courts and police stations) will be reimbursed from the collected fund. Once the victim reaches the hospital, the samaritan can leave immediately. This can become a template for other States to adopt similar protective laws. However, the bigger challenge is to communicate to common people, as with many other legislations, that they are within their rights to save a life on the road and should be confident enough to exercise it. Of course, there is another issue with those who watch and film a victim dying. Right of duty anyone? Yes that exists in Finland, which urges people to “engage in rescue activities according to one’s abilities.” Or the one in Germany where failure to provide first aid to a person in need is punishable.