Question

Make a reasonable argument for the "Good Samaritan" doctrine as the best approach for this situations

Answer 1

How safe do citizens feel on roads?

Given the high mortality, morbidity and overall socio-economic impact of road crashes in the country, issues surrounding road safety occupy the minds of the general public significantly. 86% of the respondents believe that the issue of road safety is very important. While overall, 80% of all road users feel unsafe on Indian roads, 82% of pedestrians feel unsafe while crossing the road or walking on the road.

Good Samaritan laws point society in a proper direction and act as a moral compass. In other words, human life must be valued at all times over all things and one must help those whose life is in danger. Most of the people who are willing to help out in such a situation have various fears that have been mentioned above. In such circumstances it is the duty of the State to ensure that adequate protection and rights are given to the persons willing to help those in need. It is pertinent to note that the Bill enumerates the rights of the Good Samaritan but does not impose any duties on the bystanders.

The emphasises should be on the importance of spreading awareness about the rights of the Good Samaritan. Even though Clause 5 (1) of the Bill states that a person will not be liable with respect to anything done to save life or property of the victim, this clause is very general fails to emphasise on the basic right of immunity. Just like it is clearly provided that hospitals and clinics are immune from liability in case any complication arises during the treatment (except in the case of negligence), in the same way the Law must specify that the Good Samaritan will be immune from any liability in case something happens to the victim after or during the emergency response of the Good Samaritan which would include calling the Police or ambulance or taking the victim to the hospital. This is extremely necessary because apart from the fear of payment for treatment or being harassed by the Police, people also have the fear of causing more harm.

Since the accidents and incidents of crime are at a rise in cities, there is an urgent need to enact the legislation that would deal with the protection of the Good Samaritans. The Guidelines issued by the MoRTH along with the Standard Operating Procedures are only applicable to accidents on roads and highways. The existing guidelines and provides various rights to the person who comes forward to help victims of accidents or incidents of crime.