Despite the commitment and combined efforts of government and NGOs, road accidents continue to claim lives and cause disabilities and hospitalizations in India. Shockingly, India leads in road accident deaths worldwide, accounting for nearly 11% of global fatalities. According to the 201st report by the Law Commission of India, half of the road crash victims who succumbed to their injuries could have been saved with timely care.
In India, the absence of efficient Emergency Medical Services means that bystanders can play a vital role in saving lives. Regrettably, many bystanders opt to capture videos on their mobile phones and express concern on social media instead of aiding crash victims. This reluctance stems from fears of legal consequences and procedural challenges, including potential harassment by law enforcement and medical professionals.
Acknowledging the World Health Organization’s report on “Prehospital Trauma Care Systems,” which underscores the need for bystanders to feel empowered to assist the injured without fearing legal liability; it becomes evident that a change is necessary.
Back in 1989, the Supreme Court of India, in the case of Parmanand Katara v. Union of India AIR 1989 SC 2039, observed that accident victims taken to hospitals or medical practitioners often fail to receive timely emergency medical treatment. This neglect is attributed to the perception that the case is a medico-legal one, and the injured person should be directed to a Government Hospital. The Supreme Court, recognizing the urgency of providing emergency medical care, emphasized the obligation of hospitals and medical practitioners to offer such assistance. They also directed national media, including Doordarshan and All India Radio to publicize the decision. However, the Report of the Working Group on Emergency Care in India by the Ministry of Road Transport & Highways highlights the urgent need to disseminate this information to the general public through various media channels and display these directives prominently at toll booths and hospitals.
Impacts of the Parmanand Katara Judgment
The Parmanand Katara judgment, delivered by the Supreme Court in 1989, significantly influenced the right to immediate medical care in India. This landmark judgment clarified and reinforced several critical aspects related to the right to medical aid during emergencies:
Duty of Doctors and Hospitals: The Parmanand Katara judgment emphasized that doctors, irrespective of whether they work in government or private hospitals, have a professional duty to save lives by providing immediate medical aid and treatment to road accident victims. This ruling stressed that the foremost obligation of healthcare professionals is to preserve lives.
Legal Obligation: The judgment underscored that no law or state action should be allowed to delay or avoid the primary responsibility placed on healthcare professionals to provide immediate medical assistance. This legal obligation takes precedence, and healthcare providers must prioritize life-saving over other concerns.
Protection of Fundamental Rights: The judgment reiterated that the right to life under Article 21 of the Indian Constitution encompasses access to medical aid and healthcare services. It established that preserving life is both a fundamental obligation of the medical profession and a fundamental right of citizens.
Creation of Awareness: The Parmanand Katara judgment raised awareness about the duty of doctors and hospitals to offer immediate medical care in accident cases. It served as a reminder to healthcare professionals and institutions of their ethical and legal duties.
Encouragement for Good Samaritans: The judgment indirectly motivated bystanders and Good Samaritans to assist accident victims without the fear of legal repercussions. It contributed to fostering a culture of citizen involvement in providing assistance during emergencies.
Legal Precedent: The Parmanand Katara judgment has set a legal precedent in subsequent cases related to the right to medical care. It has been cited in various legal proceedings and judgments to emphasize healthcare providers’ obligation to prioritize life-saving efforts.
The Legal Framework
Supreme Court Directive: In the case of Save Life Foundation & Anr. vs. Union of India & Anr. [1] Writ petition (C) No. 235 of 2012, the Supreme Court issued a directive to the Central Government, urging the issuance of guidelines to safeguard Good Samaritans. In response, the Ministry of Road Transport and Highways (MoRTH) introduced guidelines in 2015, later reinforced by the Supreme Court in 2016, giving them the force of law. This elevated the guidelines to a legally binding status across all states and union territories, effectively establishing the Good Samaritan Law in India.
Role of the Motor Vehicle (Amendment) Act, 2019: The Motor Vehicle (Amendment) Act, 2019, introduced Section 134A, titled the “Protection of Good Samaritans.” This section serves as a legislative bulwark, strengthening the legal protection for Good Samaritans. It explicitly absolves them from civil or criminal liability for injuries or deaths resulting from their efforts to provide emergency medical or non-medical care or assistance.
Understanding the Good Samaritan Law
A Good Samaritan is an individual who, in good faith, without expecting payment or reward and without any duty of care or special relationship, voluntarily comes forward to provide immediate assistance or emergency care to a person injured in an accident, crash, emergency medical condition, or emergency situation.
As per Ministry of Road Transport and Highway’s definition, a Good Samaritan is someone who, in good faith, without expecting payment or reward and without any duty of care or special relationship, voluntarily provides immediate assistance or emergency care to a person injured in an accident, crash, emergency medical condition, or emergency situation.
The Motor Vehicle Act definition (Explanation) describes a person who, in good faith, voluntarily and without expecting any reward or compensation, offers emergency medical or non-medical care or assistance at the accident scene or transports the victim to the hospital.
Section 134A of the Motor Vehicle Act, 2019, specifies that a Good Samaritan shall not be liable for any civil or criminal action for any injury or death of the accident victim, provided that such injury or death resulted from the Good Samaritan’s negligence or failure to act while rendering emergency medical or non-medical care or assistance.
Challenges and Limited Awareness
Despite the robust legal framework in place, a significant challenge remains—widespread lack of awareness among the general public, healthcare professionals, and law enforcement agencies regarding the Good Samaritan Law. A report by Safe India highlights these issues:
- Approximately 84% of the population remains unaware of the existence of the Good Samaritan Law.
- Around 76% of medical professionals report minimal action taken against colleagues who do not adhere to the law.
- Approximately 59% of Good Samaritans have faced police detention despite the law’s protective provisions.
- Approximately 77% of individuals recount hospitals unlawfully detaining Good Samaritans, demanding hospital registration fees and other charges.
Empowering Bystanders and Conclusion
Empowering bystanders to act promptly during accidents, especially during the critical “Golden Hour” following an injury, is crucial. The Good Samaritan Law serves as a beacon of hope, instilling confidence in potential helpers and fostering a culture of citizen involvement.
Hospitals, too, must refrain from detaining Good Samaritans and must diligently adhere to the law’s provisions, ensuring that immediate medical care takes precedence over administrative concerns.
In a country where over 70,000 lives could potentially be saved through bystander assistance[1], there exists an urgent need to raise awareness. Collaborative efforts involving the government, civil society organizations, and the media can ensure that directives prominently display the law’s provisions at toll booths and hospitals. Leveraging audio, print, and electronic media can further enhance awareness, establishing the Good Samaritan Law as a well-known and respected element of India’s legal landscape.
In conclusion, India’s battle against road accident-related fatalities necessitates collective action. A robust legal framework, exemplified by the Good Samaritan Law, forms the basis for this collective effort. With awareness, empathy, and the assurance of legal protection, bystanders can become invaluable first responders, significantly reducing the toll of road accidents and upholding the right to immediate medical aid in India.
[1]As per report of MORTH, During the year 2021, a total number of 4,12,432 road accidents have been reported in the country, claiming 1,53,972 lives. half of these deceased can be saved with timely care.
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