By Apoorva Mandhani
Recently, the death of an 18-year old who was caught under the rear wheel of a State transport bus in Koppal, Karnataka attracted considerable furore for the lack of empathy shown by the bystanders.
While there can be several explanations for such callousness, the incident brought back into focus the inadequacy of the Good Samaritan law enacted by the State Government, which created ripples last year for the Governments proactive stance.
The continued indifference of the onlookers during such incidents demands, among other things, a renewed glance at the policies in existence, in order to bring about the desired results.
The need for a law
Estimates by the Law Commission of India suggest that 50% of road fatalities can be averted by timely medical assistance. However, only 26% of bystanders in India are likely to help victims of road accidents, according to a study conducted in 2013 by SaveLIFE Foundation. Such estimates showcase a deep-rooted reluctance among the citizens to exhibit altruism and valour during instances of road accidents.
The effectiveness of the Good Samaritan law. | Photo Courtesy: Philosophical AnthropologyThis reluctance has, in turn, often been attributed to the police harassment and legal hassles that await citizens who do take the initiative in such situations. The apprehension of getting entangled in police investigations and lengthy legal procedures, or being falsely implicated, is embedded deeply into the minds of the onlookers, and justifiably so.
Existing mechanisms guarding Samaritans
[su_pullquote align=”right”]However, only 26% of bystanders in India are likely to help victims of road accidents, according to a study conducted in 2013 by SaveLIFE Foundation.[/su_pullquote]
Recognising the predicament, the Ministry of Road Transport and Highways issued the Bystander and Good Samaritan Guidelines last year in 2015. A year later, in March 2016, the Supreme Court gave these guidelines the force of law. The State of Karnataka then took it a step forward and introduced a State law guarding good Samaritans. While the State Government passed the Karnataka Good Samaritan and Medical Professional (Protection and Regulation during Emergency Situations) Bill, 2016, it still awaits the Governors assent.
The law essentially insulates citizens who help accident victims from any legal complications. It provides for a reward of ?1,500, protection from civil and criminal liability, exemption from attendance in police stations and Courts for Good Samaritans and makes it compulsory for hospitals and medical personnel to provide first aid to accident victims. The provisions are applicable to both, private and Government hospitals.
In addition to this, in the case the guidelines are not followed, the concerned authorities are liable to be subject to an internal investigation and disciplinary action.
Understanding the Good Samaritan law. | Photo Courtesy: Adiutor DexterumA long road ahead
The most crucial issue in the successful implementation of any such a law lies in its ability to address the security and apprehensions of the general public.
[su_pullquote]The challenges for creating such awareness are manifold, with the necessity to sensitise even Government machinery, including the Courts, police and medical personnel.[/su_pullquote]
Further, it has been contended that the intent to revamp the public perception towards the police system of investigation would be fruitful only with a parallel overhaul of the system of the investigation itself. Hence, the urgency surrounding the impending police reforms needs to be viewed as a measure consonant to an upheaval of the public perception towards the police force at large.
Raising awareness regarding such rights and reforms is another mammoth task, which could function as a decisive factor in successful implementation of the Governments initiatives. The challenges for creating such awareness are manifold, with the necessity to sensitise even Government machinery, including the Courts, police and medical personnel. However, only with the establishment of such corresponding initiatives, can a Good Samaritan be expected to shed all doubts and don the cape of altruism.