Dinesh Kamath's Editorial 'Samaritans need to be protected' that was published in Newsband

Samaritans need to be protected

The Karnataka government’s decision to frame a ‘Good Samaritan law’ as part of an effort to encourage people to offer assistance without the fear of any criminal or civil liability, is a step in the right direction. The crux of the guidelines is that no bystander rushing to the rescue of an accident victim should be subject to civil or criminal liability and/or be forced to be a witness. Any disclosure of personal information or offer to be a witness, ought to be voluntary. State governments may also institute a system of reward and compensation to encourage more bystanders to be Good Samaritans.

The SaveLife Foundation should get the credit for obtaining an interim order from Supreme Court on the need to frame guidelines to protect the interests of Good Samaritans. Some countries have Good Samaritan laws that do not impose any positive obligation on bystanders but afford protection to acts done in good faith by volunteers in an emergency without looking for recognition or reward. India too must do everything possible to encourage more citizens to get involved particularly in the rescue of accident victims,  

Yes, there is need of a law which can protect the good Samaritans from all the legal glitches. In the absence of initiative of the Centre, some states are taking welcome steps in drafting laws protecting the people helping accident victims. In a country where there are high incidents of road fatalities especially due to pathetic road condition coupled with heavy vehicular traffic, there is high possibility of accidents anywhere where even ambulances are scarcely available and those who intend to help the victims often stay away due to police and legal imbroglio engulfing the 'good Samaritans' in their benevolent intentions.

There should be a uniform law throughout the country on this issue. At least the Centre has no 'political angle' involved in drafting such public utility laws and there is no harm in proceeding with a comprehensive laws. Even the opposition can work for a good cause

This is a very good move by court as well as SaveLife foundation to force the legislatures both at centre as well as state level to come out with a law without delay so that a lot of bystanders can become good Samaritans and life of accident victims can be saved. The focus of the guidelines should protect and reward and not discourage the Samaritans. Further, the examination of such a volunteer as a witness shall be done only on a single occasion and without harassment or intimidation. State governments may also institute a system of reward and compensation to encourage more bystanders to be Good Samaritans, and initiate deterrent and timely action against officials or police personnel violating these standard operation procedures.