There’s a Law now which Protects Good Samaritans who Help Accident Victims

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Mangaluru: This article is in reference to the report “Calling 100 or 108 or Begging for ‘HELP’ in Time of Emergency is Useless – You Know Why?” by Alfie of Team Mangalorean. The questions that the author has asked are pertinent. Especially, we do not have a “911” sort of system where the police control room calls back to find out why the caller had called. The CP has this fancy “App” which is being highly publicised as some great breakthrough in police efficiency. Did you know about it ? Did it work? Or, is it limited only to those who own fancy gadgets and can shake their mobile 5 times?

Yes, that is one major change we have to work toward, police efficiency! Also, alfie’s questions about efficacy of the high-tech ambulances and “all that jazz” are also valid. What happened about the bike ambulances and the FA kits , do they work only from 9 – 5 and only within Bangalore city limits? I can surmise that the author was quite shaken up by the incident.

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One thing that came across to me from the photos published is that the man was probably still writhing when the author and his friend Niren saw him and was probably not dead. Although, in all likelihood, he would never have survived, as he seems to have already had more than 80% area of burns, yet, any of the 2 or 3 persons around him could have been of some help in extinguishing the flames by throwing a blanket or sand or even mud to smother the flames, until medical help arrived. One picture shows a boy standing over a blurred image with perhaps a bottle of water . Was he actually trying to douse the fire with water? It is the wrong thing to do, he would have made things worse if the person had actually survived!

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That said, what it simply shows is the complete ignorance toward first-aid that all of us Indians have because schools and colleges do not teach us what-actually-matters and how to live life practically! Perhaps, you can bring that out in one of your articles. This story brings back memories of burning flesh to me, for months together, in an explosion that occurred on an oil tanker I was working on.

In a move that will protect ‘Good Samaritans’ and encourage bystanders to rush road accident victims to the nearest hospital or inform the police, a Supreme Court has given a judgement that such people should not be subjected to civil and criminal liability. Moreover, they should not be forced to disclose their identity and should not be called to appear for court hearings. Also if any doctor refusing to attend or treat a road accident victim will face disciplinary action as per the norms laid down under the Medical Council of India (MCI) guidelines. All hospitals must admit such victims and the person accompanying the injured should not be detained by the hospital authority and authorities should not ask them for registration. There can be exception only in case the accompanying person is a family member of the victim.

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2 Comments

  1. Thank you Alfie & Team Mangalorean.com for your report.

    Below is the link to the GOI Gazette notification
    http://morth.nic.in/showfile.asp?lid=1709

    In the strictest sense it is not law, as yet, but only guidelines issued by the govt. on account of directions from the Hon’ble SC. The petitions before the Hon’ble SC which have brought about this change are: Savelife Foundation Vs Union of India and WP(civil) 235 / 2012.

    Those interested may also take a look at :

    https://www.change.org/p/talk2jpnadda-introduce-a-good-samaritan-law-in-the-parliament

  2. Mr. Melroy the boy standing over a blurred image with perhaps a bottle of water was myself Niran a trained fire fighter working in Doha Qatar for an international gas plant company. For your kind information the bottle of water in my hand was not to put over the burning flames in spite the bottle was brought by house people of the victim when the victim was crying for water to drink. the fire was extinguished in 4 minutes not by water or sand But by a piece of cotton banner which was hanging on the street. If you need further information about the incident feel free to contact me instead of commenting without investigating. Mr. Melroy this number is for you. 9731352414

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