Don’t penalise those who help others in distress
In a country where police stations and courts of law are often synonymous with harassment and unwarranted complications, the need for a good Samaritan law or code cannot be underestimated. The Supreme Court's directive to the Union Government to issue an executive order asking authorities not to trouble people who help road accident victims, is an important step in this regard. Often bystanders do not come forward to offer assistance, especially in the case of road accidents, because they fear being dragged into unnecessary legal hassles. In fact, according to a nationwide study conducted by SavelIFE Foundation, an NGO which filed the Public Interest litigation seeking protection for good Samaritans, three out of four persons said that the possibility of dealing with troublesome authorities prevented them from coming to the aid of a stranger.
The respondents were worried about being detained at hospitals for long periods, repeatedly questioned by the police, and about having to make multiple court appearances. A good Samaritan law would shield them from all such problems. It would also help fight the popular perception of harassment, which is as bad as the actual problem. For example, many wrongly believe that road accident victims cannot be admitted to hospitals without a First Information Report being filed. This is not true. In Pt Parmanand Katara vs Union of India, the Supreme Court had stated in no uncertain terms that “there is no legal impediment for a medical professional when he is called upon or requested to attend to an injured person needing his medical assistance immediately.” The judgement added, “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...” And this ruling goes back to the 1980s.
The bottomline here is that somewhere in the muddle of interventionist laws, insensitive authorities and incorrect public assumptions, the good Samaritan either turns a blind eye and walks away or becomes a bystander, crowding around a bleeding victim — and an innocent life is lost in the process. Hopefully, the protection code that the Government is preparing will bring about a change in public perception. Based on the recommendations of an expert committee, the new code is expected to make clear that good Samaritans are allowed to remain anonymous if they so desire, that they cannot be held responsible for hospital bills, and that healthcare providers cannot refuse medical assistance to victims. These steps will also be in keeping with international laws and standards. In many Western countries, citizens are duty-bound to help such victims, and they can actually be penalised for turning away. The law also protects volunteers from intrusive authorities, and from criminal legislation in case the situation becomes worse (the victim breaks a bone or cardio-pulmonary resuscitation is not administered properly) due to the actions of the first responder.
