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K'taka should bring in Good Samaritan law

Last Updated : 30 March 2016, 18:30 IST
Last Updated : 30 March 2016, 18:30 IST

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Amidst the existing grim  news reports focused on the hesitant Indian bystander, Karnataka is witnessing a wind of change. In this endeavour, prominent leaders from the State machinery have taken it upon themselves to lead by example. State Health Minister U T Khader has been at the forefront by rescuing several road accident victims in the past few years alone.

While such actions deserve much appreciation, it is unfortunate that they have been limited to a few good Samaritans, with many still hesitant to come forward and help, leading to hundreds of preventable deaths. Being the first at the scene of an accident, the indispensable role of a bystander of calling for an ambulance or rushing the victim to a nearby hospital, can be the difference between life and death.

Yet, why do our citizens turn a blind eye to an injured victim of violence or a road accident, while we enthusiastically come forward to assist our brethren in natural calamities, train accidents and even bomb blasts, has perplexed many.

The experience of good Samaritans suggests that it is, largely, the fear of ensuing legal and procedural hassles that hinders bystanders in coming forward to help. According to a national study by SaveLIFE Foundation, 3 out of 4 people are hesitant to help injured persons due to fear of police harassment, detention at hospitals and prolonged legal formalities. In such a situation, it is essential to encourage citizens by providing them protection from these hassles.

While the idea of bystander care is still nascent to the Indian scenario, it is appreciable that the Karnataka government is gradually recognising the importance of the role played by good Samaritans.

Earlier this month, Chief Minister Siddaramaiah laun-ched a scheme that provides for immediate medical care to victims of road accidents, irrespective of the victim’s ability to pay. The State police has also proactively urged people to come forward and help accident victims and not be worried about being questioned.

Chilling incidents
As early as 2005, the State government had instructed government hospital officials and police personnel to ensure that good Samaritans are not harassed but given assistance. Despite this, it is unfortunate that one continues to encounter cases like that of Arjun Nair, the young businessman, who lay bleeding for an hour in full public view on the Ballary Road after a taxi struck him; and the chilling incident of Harish Nanjappa, who pledged to donate his eyes even as his body was split in half, in whose name the Santwana Harish Yojana Scheme has been launched by the State.

The epidemic of road accident deaths in the State has been on a rise with more than 10,000 people killed in 2014 alone. Enabling “bystander care” through a supportive Good Samaritan law can play a game-changing role in saving lives.

With the Supreme Court having made guidelines for protection of good Samaritans binding on all states and Union Territories, Karnataka can play a leadership role by enacting the guidelines into a Good Samaritan Law.

Such a law would not only strengthen the emergency medical response system in the State by enabling bystanders to help injured persons without fear of intimidation and harassment, but would also serve as an exemplary model, which could be followed by other state governments and, thus, save innumerable innocent lives from being lost in preventable tragedies of road accidents every day.

Despite the escalating number of road death and injuries, there is neither any Central nor state legislation or framework yet, to protect good Samaritans from legal hassles or encourage them to freely provide assistance to road crash victims.

However, legislations protecting good Samaritans have been enacted across the world, including in countries such as China, France, Germany, England, and several States in the USA. These laws have enabled good Samaritans to come forward and help injured victims without the fear of ensuing legal and procedural hassles.

The State Health Department has shown commitment towards preserving life thro-ugh progressive schemes and a Good Samaritan law fits well within its efforts to make Karnataka free of deaths that occur despite treatable injuries.

(The writer is Founder and CEO of SaveLIFE Foundation, a non-profit organisation aiming at improving road safety and emergency medical care)

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Published 30 March 2016, 18:30 IST

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