SC approves guidelines to protect saviours of accident victims

  • Bhadra Sinha, Hindustan Times, New Delhi
  • Updated: Mar 30, 2016 11:32 IST
A road accident. (Only for representational purpose). The SC has approved guidelines to protect those who help road accident victims. (HT File photo )

The Supreme Court on Wednesday approved a Central government notification that provides protection to Good Samaritans or those who help victims of road accident by taking them to a hospital or reporting about the incident.

‎A bench headed by justice V Gopala Gowda approved the notification that also provides protection to witnesses in road accident cases and they will no longer have to face any harrowing experience.

With the top court’s approval, the government guidelines have become the law of the land and all states will be bound by it.

The order is expected to save the lives of hundreds of road accident victims in the country as people often avoid helping them fearing harassment by police and other law enforcing agencies later.

On May 12, 2015, the ministry of road transport and highways had issued a notification after the SC asked it to come up with suitable guidelines to prevent harassment of Good Samaritans.

The SC order came on a PIL filed by an NGO, Savelife Foundation, which said more than four lakh road accidents took place in 2014. The number of deaths also increased from 1.37 lakh in 2013 to 1.39 lakh in 2014.

A bystander, including an eyewitness to a road mishap, shall be allowed to leave immediately after taking the injured to the nearest hospital without furnishing his address. Police cannot compel people to reveal their identity even if they are the informers or complainants in the case. The person can give his or her name voluntarily.

Read | Helping accident victims will no longer invite police harassment

The SC order incorporates the Centre’s guidelines stating that all registered public and private hospitals will not detain a Good Samaritan or demand payment for registration and admission costs.

No police official shall ask him any questions and he would be later given a choice to record his statement before the court through video conferencing. Departmental or disciplinary action shall be initiated against the officer who coerces or intimidates the informer.

If the witness volunteers to go before the court to depose in the case, the trial judge shall complete his examination in one sitting.

Earlier, additional solicitor general Pinky Anand had submitted before the top court that it was not possible for the Centre to issue a mandate to the states as under the Constitution, law and order is a state subject.

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