BackGovt notifies rules to protect people who help accident victims
No police officer or any other person shall compel a Good Samaritan to disclose his/her name, identity, address or any such other personal details
PremiumThe people helping the road accidents victims on the spot can no longer be put through legal quagmire at the hospital or later by law enforcement authorities. The Ministry of Road Transport and Highways (MoRTH) on Thursday notified the rules for the protection of Good Samaritans. The rules provide for the rights of good samaritan which include that the the good samaritan be treated respectfully without any discrimination on the grounds of religion, nationality, caste or sex.
No police officer or any other person shall compel a Good Samaritan to disclose his/her name, identity, address or any such other personal details. However, he may voluntarily choose to disclose the same.
The rules also provide that every public and private hospital shall publish a charter in Hindi, English and vernacular language, at the entrance or other conspicuous location, and on their website, stating the rights of Good Samaritans.
If a person has voluntarily agreed to become a witness in the case in which he has acted as a Good Samaritan, he shall be examined in accordance with the provisions of the new law.
The NGO SaveLIFE Foundation, which had filed a PIL for a Good Samaritan Law in the Supreme Court, is demanding more safeguards for the Good Samaritans. Piyush Tewari, Founder and CEO of SaveLIFE Foundation said, “The notified Rules fall short of providing any accountability mechanism if the rights of Good Samaritans are violated. In the Supreme Court Judgment, there were 3 key points to ensure accountability of police and medical professionals however these 3 clauses are not part of the final rules notified by MoRTH. For instance, Supreme Court Judgment ensured action against “public officials who coerce or intimidate Good Samaritans to reveal his or her name and personal details" and “appropriate action against public and private hospitals by concerned authorities in case of non-compliance"; whereas the Rules are silent on it. We urge the Government to notify these clauses to ensure compressive protection to Good Samaritans."
The Motor Vehicles (Amendment) Act, 2019, inserted a new section 134A, named "Protection of good Samaritans" which provides that 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.
A “Good Samaritan" means 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.
India witnesses around 1.5 lakh deaths due to road accidents which is highest in the world.
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