What has Karanataka government done?
• The Karnataka government’s decision to frame a ‘Good Samaritan law’ as part of an effort to encourage people to offer assistance without the fear of any criminal or civil liability, is a step in the right direction.
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| Reason for this decision? |
- The fear of getting embroiled in a police investigation and being subjected to the rigours of legal procedure often deters bystanders from getting involved in the rescue of accident victims.
- Studies have shown that a large majority of citizens are deterred from responding to an accident victim’s distress for fear of getting into legal tangles.
- India saw over 1,41,000 fatalities on its roads in 2014.
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| Status in other states? |
- The governments of other States and Union Territories such as Rajasthan and Delhi are also in the process of drafting similar Bills.
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| Steps taken by union government? |
- In the absence of national legislation on the subject, in October 2014 the Supreme Court directed the Union government to frame guidelines for the protection of ‘Good Samaritans’, or helpful bystanders, and a Standard Operating Procedure to make them work.
- The Union Road Transport Ministry notified the guidelines in May 2015, and followed it up with a Standard Operating Procedure in January 2016.
- 1. The crux of the guidelines is that no bystander rushing to the rescue of an accident victim should be subject to civil or criminal liability and/or be forced to be a witness.
- 2. Any disclosure of personal information or offer to be a witness, in the event of the Good Samaritan also being an eyewitness to an accident, ought to be voluntary.
- 3. Further, the examination of such a volunteer as a witness shall be done only on a single occasion and without harassment or intimidation.
- 4. State governments may also institute a system of reward and compensation to encourage more bystanders to be Good Samaritans, and initiate action against officials or police personnel violating these guidelines.
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| What is the scenario in other countries? |
- Some countries have Good Samaritan laws that do not impose any positive obligation on bystanders but afford protection to acts done in good faith by volunteers in an emergency without looking for recognition or reward.
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WORD FROM TEAM GS-SCORE –
| Relevant for |
POLITY & GOVERNANCE OF GS:2;
INFRASTRUCTURE (ROAD SECTOR) of GS:3
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| For further detail |
Refer article titled “Towards a law for Good Samaritans” from TheHindu dated march 25, 2016 |