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Helping accident victims: Protection for Good Samaritans
View(s):The Supreme Court has been informed that the Government is to formulate regulations shortly to protect “Good Samaritans” from legal and police hassles when they help accident victims.
When the Fundamental Rights (FR) petition filed by a rights group seeking court’s directive to introduce regulations to protect Good Samaritans was taken up on Thursday, the Attorney General’s Department told court that a committee had been constituted to formulate the regulations and it would be incorporated into the Road Safety Law.
The committee consisting of representatives and senior legal counsel of the Motor Traffic Department, Ministries of Transport, Highways, Health and Police was constituted by the Attorney General following an undertaking to the Supreme Court earlier. The body which met this week for the first time decided to take into consideration guidelines introduced by India. The Indian guidelines say “any bystander or Good Samaritan shall not be liable for any civil and criminal liability”.
Last year, a fundamental rights petition was filed under public interest litigation by Kasun Chandraratne, President of the Foundation for Civilian Bravery, an organisation committed to protect life and promote safety measures. Earlier the bench comprising Chief Justice Priyasath Dep and Justice Prasanna S. Jayawardena directed the Attorney General’s Department to form a committee consisting of representatives of the respondents cited in the petition to identify the causes for people’s reluctance to help accident victims and formulate guidelines.
Whenever a bystander or volunteer makes a phone call to inform the police or emergency services for the person lying injured on the road, he shall not be compelled to reveal his name and personal details over the phone or in person, according to a provision of the Indian regulations reads. Mr. Chandraratne in his petition pointed out that people were reluctant to help accident victims because they did not want to go through the hassles in police stations and courts. He said many accident victims had been left to fend for themselves and some 319 victims had died in the past five years as a result.