Hon’ble Supreme Court in Pt. Parmanand Katara vs Union of India & Ors [1989] 4 SCC 286 has held:
“There is also no doubt that the effort to save the person should be the top priority not only of the medical professional but even of the police or any other citizen who happens to be connected with the matter or who happens to notice such an incident or a situation.”
In this Monsoon Session of Parliament, many bills have been passed. One bill which has been passed by both the Houses of Parliament is The Motor Vehicles (Amendment) Bill, 2019 which has proposed some radical amendments such as imposing hefty penalties for violation of traffic rules and holding the owners of the vehicle or guardian of the juvenile liable in case of juvenile offences. It provides for protection of Good Samaritans and empowers the Central Government to recall vehicles which do not meet standards.
Section 45 of the Motor Vehicles Amendment Bill, 2019 provides for the protection of the Good Samaritan. It states as:
- A Good Samaritan shall not be liable for any civil or criminal action for any injury to or death of the victim of an accident involving a motor vehicle, where such injury or death resulted from the Good Samaritan’s negligence in acting or failing to act while rendering emergency medical or non-medical care or assistance.
(2) The Central Government may by rules provide for the procedure for questioning or examination of the Good Samaritan, disclosure of personal information of the Good Samaritan and such other related matters.
Further, the said Bill, 2019 defines “Good Samaritan” as a person, who in good faith, voluntarily and without expectation of any reward or compensation renders emergency medical or non-medical care or assistance at the scene of an accident to the victim or transports such victim to the hospital.
Parable of Good Samaritan
Jesus Christ’s parable of the Good Samaritan was prompted by a question from a lawyer:
And behold, a lawyer stood up to put him to the test, saying, “Teacher, what shall I do to inherit eternal life?” (Luke 10:25, ESV)
Jesus asked him what was written in the law, and the man responded: “You shall love the Lord your God with all your heart and with all your soul and with all your strength and with all your mind, and your neighbor as yourself.” (Luke 10:27, ESV)
Pressing further, the lawyer asked Jesus, “Who is my neighbor?”
In parable form, Jesus told of a man going down from Jerusalem to Jericho. Robbers attacked him, took his possessions and clothes, beat him, and left him half dead.
A priest came down the road, saw the injured man, and passed by him on the other side. A Levite passing by did the same.
A Samaritan, from a race hated by the Jews, saw the hurt man and had compassion on him. He poured oil and wine on his wounds, bound them up, then put the man on his donkey. The Samaritan took him to an inn and cared for him.
The next morning, the Samaritan gave two denarii to the innkeeper for the man’s care and promised to repay him on his way back for any other expenses.
Jesus asked the lawyer which of the three men had been a neighbor. The lawyer answered that the man (Samaritan) who showed mercy was a neighbor.
Then Jesus told him, “You go and do likewise.” (Luke 10:37, ESV)
Road Deaths in India
2012 Delhi Gang Rape (also known as Nirbhaya Rape Case) attained widespread national as well as international coverage and the incident was widely condemned both in India as well as abroad. The gang rape, beatings, torture and other brutality inflicted on the victim and her friend shocked and shattered the whole nation. There was one more brutality which attained the attention of the public at large was the fact that nobody (none of the bystanders or any passing by vehicle) stopped and came forward to help the victims.
People have the notion that touching the body could lend them liable for police interrogation. Passer-by plays safe and chose to wait for the police to arrive whereas injured gradually bleeds to death. People are reluctant to come forward for help despite, desperate attempts to get help from passer-by, by and large they turn blind eyes to the person in distress. Sometimes those who help are rebuked due to ignorance by the others on touching the scene. In the case of a convoy even when there are several vehicles in the convoy, people wait for the ambulance to arrive and also for the concerned police help.
The WHO in its World Report on Road Traffic Injury Prevention, 2004 has projected that by 2020, road accidents will be one of the biggest killers in India. It also emphasized that in low income countries, the most common desisting factor restraining the public from coming forward to help victims, is the apparent fear of being involved in police cases.
Accident cases require fastest care and rescue which could be provided by those closest to the
scene of the accident. Bystanders clear support is essential to enhance the chances of survival of
victim in the Golden Hour i.e. the first hour of the injury. As per the WHO India Recommendations, 50% of the victims die in the first 15 minutes due to serious cardiovascular or nervous system injuries and the rest can be saved through by providing basic life support during the Golden Hour.
Section 2(iv) of the Motor Vehicles Amendment Act, 2019 defines the term golden hour as the time period lasting one hour following a traumatic injury during which there is highest likelihood of preventing death by providing prompt medical care
Right to life is enshrined under Article 21 which includes right to safety of persons while travelling on the road and the immediate medical assistance as a necessary corollary is required to be provided and also adequate legal protection and prevention from harassment to good Samaritans.
In letter dated 9.9.2004, Joint Secretary, Department of Road Transport and Highways addressed to all the State Governments and Union Territories, it has been highlighted that the WHO in its World Report on Road Traffic Injury Prevention, 2004 has pointed out that while in high- income countries, there is a reasonably well-organised ambulance based rescue system, in middle and low-income countries, assistance by bystanders is most common. In our country, while organizing of trauma care apart of intervention is also required, there is another factor, namely, relative ignorance on part of public to come forward to help the road crash victims, for apparent fear that they might be involved in police cases. The letter further states that Research shows that a number of the accident victims can be saved if they receive immediate medical attention. The letter also admits that due to fear of harassment people do not always come forward to attend them.
The Department of Road Transport and Highways had also sent letter dated 19.2.2004 to the States and Union Territories enclosing a Circular issued by the police authorities in Delhi in order to build confidence in the public for helping road accident victims. The Circular stated that it is likely that the person who brings the injured to the hospital would hesitate to provide his particulars, and in such a case, it should not be insisted upon. Furthermore, it was also stated therein that the escorters or the person who bring the victims to the hospital should, under no circumstances, be detained in the hospital for interrogation. It was suggested in the said letter that action on similar lines may be considered by the States and UTs.
Thus, there was need to evolve the system by promptly providing effective care system with certain ethical and legal principles. It was absolutely necessary that Good Samaritans feel empowered to act without fear of adverse consequence. There was need to provide certain incentives to Good Samaritans. There was also dire need to enact a Good Samaritan Law in the country since there was need of legislation for affording protection to Good Samaritans.
In the year 2012, one NGO filed a public interest litigation before the Hon’ble Supreme Court titled as “Savelife Foundation and another V/s. Union Of India and another” being Writ Petition (Civil) No. 235 of 2012 for the development of supportive legal framework to protect Samaritans i.e. bystanders and passers-by who render the help to the victims of road accidents.
In the said PIL, the Hon’ble Supreme Court vide its order dated 29th October, 2014, interalia, directed the Central Government to issue necessary directions with regard to the protection of Good Samaritans until appropriate legislation is made by the Union Legislature.
Accordingly, The Ministry of Road Transport and Highways had issued a notification containing guidelines on 12.5.2015 published in the Gazette of India para 1 of Section 1 of the Notification dated 12.5.2015 for protection of good Samaritans and a further Notification has been issued on 21.1.2016 in accordance with para 1(7) and 1(8) of the guidelines dated 12.5.2015 which required standard operating procedures to be framed and issued for examination of good Samaritans by the police or during trial.
Notification dated 12.05.2015 by Ministry of Road Transport and Highways
The Notification dated 12.05.2015 states that the Central 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, the Central Government hereby issues the following guidelines to be followed by hospitals, police and all other authorities for the protection of Good Samaritans, namely:-
- (1) A bystander or good Samaritan including an eyewitness of a road accident may take an injured person to the nearest hospital, and the bystander or good Samaritan should be allowed to leave immediately except after furnishing address by the eyewitness only and no question shall be asked to such bystander or good Samaritan.
(2) The bystander or good Samaritan shall be suitably rewarded or compensated to encourage other citizens to come forward to help the road accident victims by the authorities in the manner as may be specified by the State Governments.
(3) The bystander or good Samaritan shall not be liable for any civil and criminal liability.
(4) A bystander or good Samaritan, who makes a phone call to inform the police or emergency services for the person lying injured on the road, shall not be compelled to reveal his name and personal details on the phone or in person.
(5) The disclosure of personal information, such as name and contact details of the good Samaritan shall be made voluntary and optional including in the Medico Legal Case (MLC) Form provided by hospitals.
(6) The disciplinary or departmental action shall be initiated by the Government concerned against public officials who coerce or intimidate a bystander or good Samaritan for revealing his name or personal details.
(7) In case a bystander or good Samaritan, who has voluntarily stated that he is also an eye-witness to the accident and is required to be examined for the purposes of investigation by the police or during the trial, such bystander or good Samaritan shall be examined on a single occasion and the State Government shall develop standard operating procedures to ensure that bystander or good Samaritan is not harassed or intimidated.
(8) The methods of examination may either be by way of a commission under section 284, of the Code of Criminal Procedure 1973 or formally on affidavit as per section 296, of the said Code and Standard Operating Procedures shall be developed within a period of thirty days from the date when this notification is issued.
(9) Video conferencing may be used extensively during examination of bystander or good Samaritan including the persons referred to in guideline (1) above, who are eye witnesses in order to prevent harassment and inconvenience to good Samaritans.
(10) The Ministry of Health and Family Welfare shall issue guidelines stating that all registered public and private hospitals are not to detain bystander or good Samaritan or demand payment for registration and admission costs, unless the good Samaritan is a family member or relative of the injured and the injured is to be treated immediately in pursuance of the order of the Hon’ble Supreme Court in Pt. Parmanand Katara vs Union of India & Ors [1989] 4 SCC 286.
(11) Lack of response by a doctor in an emergency situation pertaining to road accidents, where he is expected to provide care, shall constitute Professional Misconduct, under Chapter 7 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation, 2002 and disciplinary action shall be taken against such doctor under Chapter 8 of the said Regulations.
(12) All hospitals shall publish a charter in Hindi, English and the vernacular language of the State or Union territory at their entrance to the effect that they shall not detain bystander or good Samaritan or ask depositing money from them for the treatment of a victim.
(13) In case a bystander or good Samaritan so desires, the hospital shall provide an acknowledgement to such good Samaritan, confirming that an injured person was brought to the hospital and the time and place of such occurrence and the acknowledgement may be prepared in a standard format by the State Government and disseminated to all hospitals in the State for incentivising the bystander or good Samaritan as deemed fit by the State Government.
However, Hon’ble Supreme Court vide order dated 30th March, 2016 had modified this clause as “the acknowledgement if so desired by Good Samaritans, has to be issued as may be prescribed in a standard format by the State Government. In our opinion, till such time the format is prescribed, there should be no vacuum hence we direct that acknowledgement be issued on official letter-pad etc. and in the interregnum period, if so desired by Good Samaritan, mentioning the name of Samaritan, address, time, date, place of occurrence and confirming that the
injured person was brought by the said Samaritan.”
(14) All public and private hospitals shall implement these guidelines immediately and in case of noncompliance or violation of these guidelines appropriate action shall be taken by the concerned authorities.
(15) A letter containing these guidelines shall be issued by the Central Government and the State Government to all Hospitals and Institutes under their respective jurisdiction, enclosing a Gazette copy of this notification and ensure compliance and the Ministry of Health and Family Welfare and Ministry of Road Transport and Highways shall publish advertisements in all national and one regional newspaper including electronic media informing the general public of these guidelines.
2. The above guidelines in relation to protection of bystander or good Samaritan are without prejudice to the liability of the driver of a motor vehicle in the road accident, as specified under section 134 of the Motor Vehicles Act, 1988 (59 of 1988).
Notification dated 21.01.2016 by Ministry of Road Transport and Highways
Para 1(7) and 1(8) of the guidelines dated 12.5.2015 required standard operating procedure
to be framed for the examination of the good Samaritans. So, the Central Government, Ministry of Road Transport and Highways has issued notification on 21.1.2016 which is as under:
1. 1. The Good Samaritan shall be treated respectfully and without any discrimination on the grounds of gender, religion, nationality, caste or any other grounds.
2. Any person who makes a phone call to the Police control room or Police station to give information about any accidental injury or death, except an eyewitness may not reveal personal details such as full name, address, phone number etc.
3. Any Police official, on arrival at the scene, shall not compel the Good Samaritan to disclose his / her name, identity, address and other such details in the Record Form or Log Register.
4. Any Police official or any other person shall not force any Good Samaritan who helps an injured person to become a witness in the matter. The option of becoming a witness in the matter shall solely rest with the Good Samaritan.
5. The concerned Police official(s) shall allow the Good Samaritan to leave after having informed the Police about an injured person on the road, and no further questions shall be asked if the Good Samaritan does not desire to be a witness in the matter.
2. Examination of Good Samaritan by the Police
i. In case a Good Samaritan so chooses to be a witness, he shall be examined with utmost care and respect and without any discrimination on the grounds of gender, religion, nationality, caste or any other grounds.
ii. In case a Good Samaritan chooses to be a witness, his examination by the investigating officer shall, as far as possible, be conducted at a time and place of his convenience such as his place of residence or business, and the investigation officer shall be dressed in plain clothes, unless the Good Samaritan chooses to visit the police station.
iii. Where the examination of the Good Samaritan is not possible to be conducted at a time and place of his convenience and the Good Samaritan is required by the Investigation Officer to visit the police station, the reasons for the same shall be recorded by such officer in writing.
iv. In case a Good Samaritan so chooses to visit the Police Station, he shall be examined in a single examination in a reasonable and time-bound manner, without causing any undue delay.
v. In case the Good Samaritan speaks a language other than the language of the Investigating Officer or the local language of the respective jurisdiction, the Investigating Officer shall arrange for an interpreter.
vi. Where a Good Samaritan declares himself to be an eye-witness, he shall be allowed to give his evidence on affidavit, in accordance with section 296 of the Code of Criminal Procedure, 1973 (2 of 1974) which refers to Evidence in Formal Character on Affidavit.
vii. The complete statement or affidavit of such Good Samaritan shall be recorded by the Police official while conducting the investigation in a single examination.
However, the Hon’ble Supreme Court vide order dated 30th March, 2016 had modified this clause as “The affidavit of Good Samaritan if filed, shall be treated as complete statement by the Police official while conducting the investigation. In case statement is to be recorded, complete statement shall be recorded in a single examination.”
viii. In case the attendance of the Good Samaritan cannot be procured without delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, or his examination is unable to take place at a time and place of his convenience, the Court of Magistrate may appoint a commission for the examination of the Good Samaritan in accordance with section 284 of the Code of Criminal Procedure, 1973 (2 of 1974) on an application by the concerned.
3. The Superintendent of Police or Deputy Commissioner of Police or any other Police official of
corresponding seniority heading the Police force of a District, as the case may be, shall be responsible to ensure that all the above-mentioned procedures are implemented throughout their respective jurisdictions with immediate effect
Judgment of the Hon’ble Apex Court in “Savelife Foundation and another V/s. Union of India and another”
Remaining guidelines in the notifications dated 12.5.2015 and 21.1.2016 have been approved by the Hon’ble Apex Court vide judgment dated 30th March, 2016 and it was ordered that guidelines with aforesaid modifications made by the Hon’ble Apex Court be complied with by the Union Territories and all the functionaries of the State Governments as law laid down by this Court under Article 32 read with Article 142 of the Constitution of India and the same be treated as binding as per the mandate of Article 141.
Notification dated 24th August, 2015 by Ministry of Health and Family Welfare
Ministry of Health and Family Welfare had also issued notification dated 24th August, 2015 thereby framing the guidelines for the protection of the Good Samaritan which are to be followed by all the private and public hospitals in the country. The guidelines are as follows:
- Mandatory display of the important points of the Gazette Notification as stated above at all prominent places of the respective hospitals including Casualty/Emergency Department, patients waiting areas, etc. indicating, inter-alia the following:
- All registered public and private hospitals are not to detain bystander or good Samaritan or demand payment for registration and admission costs, unless the good Samaritan is a family member or relative of the injured and the injured is to be treated immediately in pursuance of the order of the Hon’ble Supreme Court in Pt. Parmanand Katara versus Union of India & Others 1989 (4) SCC 286. A bystander or Good Samaritan including an eye witness of a road accident may take an injured person to the nearest hospital, and the bystander or Good Samaritan should be allowed to leave immediately except after furnishing address by the eye witness only and no question shall be asked to such bystander or good Samaritan.
- The disclosure of personal information, such as name and contact details of the Good Samaritan shall be made voluntary and optional including in the Medico Legal Case (MLC) Form provided by hospitals.
- Lack of response by a doctor in an emergency situation pertaining to road accidents, where he is expected to provide care, shall constitute “professional Misconduct” under Chapter 7 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation, 2002 and disciplinary action shall be taken against such doctors under Chapter 8 of the Said Regulations.
- All Hospitals shall publish a charter in Hindi, English and the vernacular language of the State or Union Territory at their entrance to the effect that they shall not detain bystander or good Samaritan or ask depositing money from them for the treatment of a victim.
- In case a bystander or good Samaritan so desires, the hospital shall provide an acknowledgement to such good Samaritan, confirming that an injured person was brought to the hospital and the time and place of such occurrence. The acknowledgement may be prepared in a standard format by the State Government and disseminated to all hospitals in the State for incentivizing the bystander or good Samaritan as deemed fit by the State Government / UTs.
- An orientation training for all Staff members on the Gazette Notification should be undertaken at the time of their joining. Refresher training should be done regularly for all staff members.
- A Committee headed preferably by the Head of the Emergency Department should be constituted for ensuring that the guidelines are followed in the hospital for taking care of all issues related to the implementation of guidelines as contained in Notification.
- These guidelines shall be binding on all the hospitals including public and private hospitals and they shall implement these guidelines immediately. In case of non – compliance or violation of these guidelines, appropriate action shall be taken by the authorities concerned.
Conclusion
Karnataka is the only state which has a special law on protection of good Samaritan enacted, passed and implemented titled as Good Samaritan and Medical Professional (Protection and Regulation during Emergency Situations) Act, 2018. Though this year Parliament had passed the amendments in Motor Vehicles Act and has for the first time incorporated and defined the term Good Samaritan, but the need of the hour is one Centralised Law for the Protection of the Good Samaritan in India.
And most importantly, effective implementation of these laws is necessary. Since 2016, guidelines relating to protection of good Samaritan are available but its implementation and also awareness about the same is not there. Every second person in the country is unaware about the law relating to good Samaritan. Forget about the law, people are unaware about the meaning of the term Good Samaritan.
Hope with the help of new amendments in the Motor Vehicles Act, people will be educated about the good Samaritan and will be encouraged to help each other.
