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Govt.Guidelines to protect
Good Samaritans soon
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By KRITIKA SHARMA SEBASTIAN, :
Will help those who aid a road
accident victim from legal, procedural hassles at the hands of police.
In a landmark step that would enhance road
safety, a set of guidelines for the protection of Good Samaritans in the country
is likely to be issued next month.
After the Supreme Court in December passed an
order directing the Union Government to issue guidelines for the protection of
Good Samaritans, guidelines are likely to be issued around May 15.
The guidelines will protect a person who helps an
injured person on the road, from legal and procedural hassles at the hands of
the police, hospitals and legal entities. The Ministry of Road Transport and
Highways will be issuing these guidelines.
Currently, in India there is no law or guideline
that calls for the protection of a Good Samaritan. However, some States,
including Delhi, have issued advisory to hospitals and the police directing them
not to harass a person who brings an accident victim to the hospital. An
advisory regarding this was issued by the Delhi Police after the December 16
gang-rape incident where the victim and her male friend kept lying unattended on
the road for a long time. As per this advisory, a person who brings an accident
victim to hospital just needs to leave the patient at the hospital and go . He
or she does not need to see the police for any legal formalities.
However, many people are still not aware of this
and neglect accident victims thinking they will have to go through legal
hassles.
Talking to The Hindu , Piyush Tewari, founder and
president of Save Life Foundation, an organisation extensively working for road
safety, said, “Issue of guidelines for protection of Good Samaritans is a great
step but it is also important to have a law for this. Otherwise, this will be
just like any other set of guidelines in our country which are not being
followed properly.”
Save Life Foundation has also drafted a Bill for
the protection of Good Samaritans, which was introduced in Parliament as a
Private Members Bill on December 12, 2014.
The Bill seeks to protect Good Samaritans from
civil and criminal liabilities by establishing a supportive legal environment.
It looks at three important aspects of the issue - the rights of a Good
Samaritan who helps a road accident victim, the duties of hospitals with respect
to provision of emergency care, and directions to law enforcement authorities
with regard to questioning a Good Samaritan. It also gives clear directions to
hospitals to not demand payment of treatment fees from the Good Samaritan, and
not to delay treatment for payment of hospital fees. A Good Samaritan Fund is
proposed to process claims of hospitals in such cases.
Courtesy:
By KRITIKA SHARMA SEBASTIAN, The Hindu: Read full
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