It comes at an apt time since UN has declared 2011-2020 as the decade of road safety. Though India had signed the ‘Brasilia Declaration on Road Safety’ in 2015 and committed to reducing road accidents and fatalities by half, so far the progress was slow.
The new amendment introduces various provisions in this
context, including a fourfold increase in compensation for hit and run victims,
a substantial increase in penalties for over speeding, drunken driving, driving
without license, not wearing seat-belt etc.
Not drawing to the side of the road to let an emergency vehicle such as an ambulance or fire service vehicle pass, can land a person in jail for six months, along with being fined. In case a juvenile commits an offence under this law, the guardian of such juvenile or owner of the vehicle is likely to be penalised and punished.
Not drawing to the side of the road to let an emergency vehicle such as an ambulance or fire service vehicle pass, can land a person in jail for six months, along with being fined. In case a juvenile commits an offence under this law, the guardian of such juvenile or owner of the vehicle is likely to be penalised and punished.
Other than enhanced penalties for
misconduct on road, a big highlight of amendments is the creation of a
provision for the protection of ‘Good Samaritans’.
A Good Samaritan, as per the law, is a person who voluntarily gives emergency care or assistance to an accident victim, or transports such a victim to the hospital. Such a person acts without expectation of any reward or compensation.
A Good Samaritan, as per the law, is a person who voluntarily gives emergency care or assistance to an accident victim, or transports such a victim to the hospital. Such a person acts without expectation of any reward or compensation.
We have all seen numerous videos on
social media, of road accidents where an injured victim keeps writhing in pain on
the road, begging for help, while onlookers and by-standers watch mutely,
instead of helping the victim.
In India, about 1.49 lakh people die every year due to road accidents. Shockingly, 50% of those who have thus died, could have been saved, if only some Good Samaritan had taken them to a medical facility within an hour of the accident.
The first 60 minutes after an accident, called ‘golden hour’ in medical terminology, are crucial in determining whether an accident victim will survive or not. Research shows that 50% accident victims are most likely to survive, if they get medical aid in this golden hour.
In a country where high population, over strained resources, inadequate infrastructure and bad roads, mean that it is too late by the time an ambulance or police vehicle reaches the accident site, the role of the by-standers is more crucial than we think.
In India, about 1.49 lakh people die every year due to road accidents. Shockingly, 50% of those who have thus died, could have been saved, if only some Good Samaritan had taken them to a medical facility within an hour of the accident.
The first 60 minutes after an accident, called ‘golden hour’ in medical terminology, are crucial in determining whether an accident victim will survive or not. Research shows that 50% accident victims are most likely to survive, if they get medical aid in this golden hour.
In a country where high population, over strained resources, inadequate infrastructure and bad roads, mean that it is too late by the time an ambulance or police vehicle reaches the accident site, the role of the by-standers is more crucial than we think.
Sadly, the Indian by-stander in a
road accident is known more for inhuman apathy than a willingness to help. The
reasons for this, as observed by the Supreme Court in 2016, are fear of police
harassment, fear of being caught in a protracted legal process, and having to appear
in courts multiple times.
Fear of being forced to pay for the initial hospital expenses when dropping off the victim there, fear of being accused as the cause of the accident or for negligence while trying to help the victim, are also among the causes for apathy.
In the absence of legislation in this regard, the apex court had laid down laws to protect those, who voluntarily help an accident victim, however the awareness and implementation of these legal directions was highly inadequate.
Fear of being forced to pay for the initial hospital expenses when dropping off the victim there, fear of being accused as the cause of the accident or for negligence while trying to help the victim, are also among the causes for apathy.
In the absence of legislation in this regard, the apex court had laid down laws to protect those, who voluntarily help an accident victim, however the awareness and implementation of these legal directions was highly inadequate.
The recent
amendment to the Motor Vehicles Act of 1988 has introduced Section 134A to
protect Good Samaritans from any civil or criminal liability, for actions taken
by them while trying to save an accident victim’s life.
A glaring deficiency in the legislation has thus been corrected. This should act as an impetus for helpful citizens to render timely help to accident victims. Further, the amendment provides that the, Central Government will make a scheme for the cashless treatment of victims of the accident during the golden hour.
As a practicing advocate, I am confident that this amendment, will have long lasting and positive effects on our society.
A glaring deficiency in the legislation has thus been corrected. This should act as an impetus for helpful citizens to render timely help to accident victims. Further, the amendment provides that the, Central Government will make a scheme for the cashless treatment of victims of the accident during the golden hour.
As a practicing advocate, I am confident that this amendment, will have long lasting and positive effects on our society.
By Advocate Divya Gurnay, BA (Hons.), MA, PG Human Rights, LL.B, LL.M.
©All copyrights reserved with author Divya Gurnay.
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