To encourage people to help road accident victims — by transporting them to the nearest hospital or informing police — the Centre has issued a notification which will spare good Samaritans from attending court and will also protect them from procedural hassles involving the police. The recent gazette notification released by the Ministry of Road Transport and Highways says that the person helping the accident victim is within one’s right to reveal his or her identity.
The notification also says if a doctor refuses to treat an accident victim, it will be treated as professional misconduct which will lead to cancellation of the medical license. The guidelines were issued in the light of a Supreme Court order, on a petition by Delhi-based NGO Save life Foundation, to protect bystanders or good Samaritans from harassment by the police.
At present, bystanders often do not call the police or rush victims to a hospital fearing frequent questioning and court proceedings. According to the notification, a good Samaritan, including an eyewitness, who takes an injured person to the nearest hospital, should be allowed to leave immediately and no questions should be asked. The good samaritan need not wait for the police and will not be made part of the medico-legal case.
If a good samaritan volunteers to be an eyewitness or agrees to be part of a medico-legal case, then the hospital or the police can accept the offer. “The good Samaritans or the bystanders will not be liable for civil or criminal liability,” read the notification. “State Governments can reward such people for humane service. Even the hospital can give a receipt or certificate appreciating their act,” it said.
According to a national survey conducted by Save life Foundation, presently three out of four 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. These guidelines are expected to allay the fears of the general public and enable them to get more actively involved in saving a life,” said Piyush Tewari, founder of petitioner Save life Foundation.