GOOD SAMARITANS

Delhi High Court stated that individuals who help an unknown injured person on a public road should not face harassment. This is a case of Good Samaritan.

What is a Good Samaritan?

1. A Good Samaritan is a person who selflessly helps others in need, often in emergencies or times of distress, without expecting anything in return.
2. The term originates from the story of Good Samaritan in the Bible.

Stakeholders Involved:

1. Person in Need (Victim): They want help and care to feel better.
2. Helper (Good Samaritan): They want to assist and be kind.
3. Authorities: They want to ensure everything is handled correctly and everyone is safe.
4. Community: People want to encourage helping each other and ensure everyone feels safe doing so.
5. Medical Personnel: If the person needs medical help, doctors and nurses want to provide care.
6. Legal System: They want to make sure everything is fair and follows the rules.

What Factors Prevent People from Acting Like the Good Samaritan?

1. Fear of Legal Consequences: Someone might hesitate to help a fallen person on the road due to worries about being sued if they injure the person further while trying to assist.
2. Bystander Effect: In a crowded area, several people witness a car accident but nobody calls emergency services because each assumes someone else will do it.
3. Mistrust or Indifference: A person might walk past a homeless individual in need of medical attention because they don't trust them or feel indifferent to their situation.
4. Cultural and Social Barriers: A person might ignore a distressed individual on the street because they come from a culture where it's considered rude to intervene in strangers' affairs.
5. Lack of Training or Confidence: An individual might refrain from performing CPR on a stranger who has collapsed because they don't feel confident in their ability to do it correctly. CPR (Cardiopulmonary resuscitation) is an emergency procedure that involves chest compressions and rescue breaths.
6. Personal Safety Concerns: Someone might avoid breaking up a fight between strangers out of fear of being harmed themselves.

What is the Legal Provision in India for Good Samaritans?

1. On the direction of the Supreme Court, the Ministry of Road Transport and Highways  issued the following guidelines:
   1. Good Samaritans can take an injured person to the nearest hospital and leave immediately without any liability.
   2. They won't be held responsible for any civil or criminal charges.
   3. Hospitals must publicly announce that they won't detain Samaritans or demand money for treatment.
   4. Public officials who force Good Samaritans to disclose personal information will face consequences.
2. In 2016, the Supreme Court made these guidelines obligatory for all states and Union Territories.
3. Additionally, Section 134A was added to the Motor Vehicles (Amendment) Act of 2019 to safeguard Good Samaritans.

How the culture of Good Samaritan be promoted in India?

1. Social Media Influence: Using platforms like Facebook, Twitter, and Instagram to share uplifting stories of Good Samaritan acts. For example, creating hashtags like #GoodSamaritanStories.
2. Corporate and Institutional Support: Encouraging businesses to implement policies that support employee volunteerism and community service. For instance, offering paid volunteer days or matching donations to charitable organizations.
3. Reward and Recognition: Creating awards or certificates to honour individuals who demonstrate exemplary acts of kindness. For example, recognizing a citizen who helped rescue people from a burning building or saved a drowning child.
4. Law Reforms: Implementing stricter provisions in the Motor Vehicles Act of 1988, can enhance the protection of Good Samaritans. This would encourage more people to step forward and assist others during emergencies.
5. Charter of Rights Display: Hospitals and police stations should prominently display a "Charter of Rights" for Good Samaritans, as mandated by the Supreme Court. This ensures that those who help in emergencies are aware of their legal protections.
6. Adoption of Best Practices: Learning from successful models, like the provisions in Canadian states where Samaritans are not held liable for emergency aid unless gross negligence is observed.

Conclusion: The Law Commission says that if accident victims get help within the first hour, called the "Golden Hour," about 50% of them could be saved, which makes the role of Good Samaritans important. They are everyday heroes who show kindness and compassion, making a positive difference in the lives of others through their selfless actions.

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