Arun Mishra JUDGMENT
Arun Mishra, J.
1. The petition has been filed under Article 32 of the Constitution of India in public interest for the development of supportive legal framework to protect Samaritans i.e. bystanders and passers-by who render the help to the victims of road accidents. These individuals can play a significant role in order to save lives of the victims by either immediately rushing them to the hospital or providing immediate life saving first aid.
2. The Petitioner is 'SaveLife Foundation', a non-profit, non-governmental organization registered as a Public Charitable Trust and had been established in 2008. The Petitioner aims to create a unique network of medical responders to come to the victim's aid. The Petitioner has also drafted recommendations to address the critical deficiencies in the Motor Vehicles Act, and other laws governing road safety.
3. The Department of Road Transport is responsible for framing motor vehicle legislation and evolving road safety standards in India. The WHO in its 'World Report on Road Traffic Injury Prevention, 2004' has projected that by 2020, road accidents will be one of the biggest killers in India. It also emphasized that in low income countries, the most common desisting factor restraining the public from coming forward to help victims, is the apparent fear of being involved in police cases. There is need to build confidence amongst the public to help road accident victims. Bystanders should not be insisted to divulge their personal particulars or detained in the hospital for interrogation. People are hesitant to render immediate help to the road accident victims. The victims lay wounded on the road for some time till the arrival of police. Delay rendering medical help in such cases sometimes is fatal. Good Samaritans have the fear of legal consequences, involvement in litigation and repeated visits to police station. There is urgent need to tackle these issues. There is need to establish legal framework so that Good Samaritan is empowered to act without any fear of adverse consequences or harassment. Save life must be the top priority.
4. Several countries have enacted such laws. In England and Wales, the Parliament has enacted the Social Action, Responsibility and Heroism Act, 2015 which provides for certain factors to be considered by the Court while hearing an action for negligence or breach of duty. Section 2 of the Act provides that the Court must consider whether the Respondent was acting for the benefit of society or any of its members. Section 5 of the Act further provides that the Court must consider whether the Respondent was acting heroically by intervening in an emergency to assist an individual in danger. In Ireland, Section 51D of the Civil Law (Miscellaneous Provisions) Act, 2011 provides that a good Samaritan will not be liable in negligence for any act done in emergency to help person in serious and imminent danger. In Australia, protection to good Samaritan is provided in several states. In New South Wales and Victoria, for instance, a good Samaritan is protected from personal civil liability with respect to an........