GOOD SAMARITAN GUIDELINES

Prelims level : Governance- Policies Mains level : Government policies and interventions for development in various sectors and issues arising out of their design and implementation
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Why in News?

  • Ministry of Road Transport and Highways has issued guidelines in pursuance of order of Hon’ble Supreme Court of India to protect the Good Samaritans in case of road accidents.

Good Samaritan:

  • A Good Samaritan is a bystander, who voluntarily comes forward to administer immediate assistance or emergency care to a person injured in an accident, or crash, or emergency medical condition, or emergency situation.

Significance of Good Samaritan law:

  • In the last ten years, road crashes have killed over 13 lakh people in India. According to the Law Commission of India, 50% of these victims died of preventable injuries and could have been saved if they had received care on time.

How law came into force:

  • On March 30, 2016, the Supreme Court of India gave “force of law” to the guidelines for the protection of Good Samaritans issued by the Ministry of Road Transport and Highways.
  • The purpose of a Good Samaritan law is to provide legal protection to bystanders who come to the aid and rescue of victims of road crashes.

How Good Samaritan is protected:

  • A Good Samaritan will not be liable for any civil or criminal action for any injury or death of the victim
  • Good Samaritan who informs police or emergency service regarding an injured person not to be compelled to reveal his personal details
  • Disciplinary action against public officials who coerce Good Samaritan to reveal his personal details
  • Good Samaritans not to be forced to bear the initial cost of treatment: Ministry of Health and Family Welfare (MoHFW) to issue guidelines that no public or private hospital can demand payment for registration and admissions costs from the Good Samaritans
  • Hospitals cannot refuse treatment to a victim: Lack of response by a doctor in an emergency situation to be considered as a “Professional Misconduct” and disciplinary action shall be taken against such a doctor
  • The Good Samaritan can choose to be an eyewitness and cannot be compelled
  • Eye witness to be examined in a single occasion
  • Video conferencing may be used for examination of a Good Samaritan
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