Road Accidents; Read SC approved Guidelines to protect Good Samaritans [Read Judgment]

Supreme Court of India in Savelife Foundation & Anr Vs. Union of India & Anr has approved the Centre’s guidelines to protect Good Samaritans, who help road accident victims, from being hassled or harassed at hospitals, police stations or courts.The Ministry of Road Transport and Highways has 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. It has been mentioned in the affidavit filed by Ministry of Road Transport and Highways, Government of India that in the absence of any statutory backing, it is felt that it will be difficult to enforce these guidelines issued on 12.5.2015 and standard operating procedures as notified on 21.1.2016. It has also been mentioned that the notified guidelines in relation to protection of a bystander or good Samaritan are without prejudice to the liability of the driver of a motor vehicle involved in the road accident, as specified under section 134 of the Motor Vehicles Act, 1988.Notification dated 12.5.2015 issued by the Ministry of Road Transport and Highways containing guidelines for protection of good Samaritans to be in force till appropriate legislation is framed by Union Legislature, is extracted hereunder:“No.25035/101/2014-RS.—Whereas the Hon'ble Supreme Court in the case of Savelife Foundation and another V/s. Union Of India and another in Writ Petition (Civil) No. 235 of 2012 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; And whereas, 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 ...

Road Accidents; Read SC approved Guidelines to protect Good Samaritans [Read Judgment]

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