Good Samaritans Rules: Ministry of Road Transport & Highways
The Ministry of Road Transport and Highways has published the rules for the protection of Good Samaritans vide GSR 594 (E) dated 29th September 2020.
The rules provide for the Rights of Good Samaritan which include that a Good Samaritan shall have the rights as detailed in the rules and shall be treated respectfully without any discrimination on the grounds of religion, nationality, caste, or sex. No police officer or any other person shall compel a Good Samaritan to disclose his/her name, identity, address, or any other personal details. However, he may voluntarily choose to disclose the same. The Rules also provide that every public and the private hospital shall publish a charter in Hindi, English, and indigenous language, at the entrance or other evident location, and on their website, stating the rights of Good Samaritans under the Act and the Rules made thereunder. Further, if a person has voluntarily agreed to become a witness in the case in which he has acted as a Good Samaritan, he shall be examined in accordance with the provisions of this rule, for which detailed guidelines and process has been mentioned in the rules.
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This is noteworthy that the Motor Vehicles (Amendment) Act, 2019, inserted a new section 134A, viz. “Protection of good Samaritans” which provides that a Good Samaritan shall not be liable for any civil or criminal action for any injury to or death of the victim of an accident involving a motor vehicle, where such injury or death resulted from the Good Samaritan’s negligence in acting or failing to act while rendering emergency medical or non-medical care or assistance and that the Central Government may by rules provide for the procedure for questioning or examination of the Good Samaritan, disclosure of personal information of the Good Samaritan and such other related matters.
Operating procedures for Good Samaritans
India’s Good Samaritan Law was passed as a Bill by the Supreme court of India on March 30, 2016, and gave the “Force of Law” to the guidelines for the protection of Good Samaritans and then issued by the Ministry of Road Transport and Highways. In the consecutive months, the state governments have passed GO (Government Order). Later, it was included in the draft of the Motor Vehicle Act 2019.
Police should not involve the Good Samaritans in an investigation. Good Samaritans need not reveal their identity.
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Hospitals should not refuse to treat the accident victims and should not charge for First Aid.
Good Samaritans should be protected from civil and criminal liability. Good Samaritans can choose to be an eye witness, and should not be compelled otherwise.
Bhuvan Care Foundation
Respects the Government initiative of Good Samaritan Law and continuous amendments.
Taking it to the next level for the most overwrought and underprivileged clique- our drivers of India. To address and help the driver community on accidental issues are one of the prime concerns, Driver Bandhu has come up with the solution which is required where a multitude of individuals from all walks of life get involved and benefited. Not only the drivers but their families too shall be compensated.