GOOD SAMARITANS

Posted 15 Feb 2024

Updated 22 Mar 2024

5 min read

Introduction

In a case related to Good Samaritan, the Delhi High Court observed that a person who chooses to help a person in distress should not be harassed for showing kindness. Further, HC said that helping an injured on a public road/highway is the prime duty of everyone.

Stakeholders and their Interests
Stakeholder	Interests
Good Samaritan	Responsibility and duty to help living beings in distress. Expect that in lieu of helping others they will be not harassed by authorities or bear prolonged legal formalities
Person in need	Expect that every person shall show the qualities of Good Samaritan showering compassion and empathy.
Government	Government benefits from the act of Good Samaritans as it leads to saving of life of citizens. According to the Law Commission, 50% of the road accident victims could have been saved if they had received care on time especially during Golden hour. Golden Hour refers to time period of one hour following an accident. It will help government in reducing the road accidents by 50% by 2030.
Police/Other authorities	Collects all the relevant information from the Good Samaritan. Also, makes effort that Good Samaritan are not harassed by involving them in investigation, seeing them as suspect, forcing them to become eyewitness etc.

Issues which hinder acts of Good Samaritan

Indifference: In times of need, people give priority to their interests in comparison to the urgency of saving a human life.
- For instance, if an individual is going for an important business deal and s/he encounters an accident, the indifference can be reflected here.
Selfishness/unsympathetic: In modern times, self-centric tendencies have increased. E.g. In a recent accident, people were taking selfies and making videos instead of helping them.
Bystander apathy: leads to diffusion of responsibility that occurs when multiple people are present believing that someone else will take the action.
Unfavourable public judgment: Fear of unfavourable public judgement wherein people feel they would be considered the culprit.
Legal Issues: Fear of being trapped in legal matters creates resistance among people to come forward and help others.
- In many cases, it has been found that police harass Good Samaritans through different means such as asking them to take care of injured people, pay hospital bills, become eyewitnesses etc.

Good Samaritan and Legal Provision in India

A person who comes forward to administer immediate assistance or emergency care to a person injured in an accident, or crash, or emergency medical condition, or emergency situation. Such act is performed voluntarily without expectation of payment or reward and without any duty of care or special relationship.
Based on a PIL filed by Save LIFE Foundation, Supreme Court directed the centre to issue guidelines. Ministry of Road Transport and Highways accordingly issued guidelines:-
- Good Samaritan may take an injured person to the nearest hospital and should be allowed to leave immediately.
- He/she shall not be liable for any civil and criminal liability.
- Hospitals should publish a charter stating that they shall not detain Samaritan or ask for depositing money for the treatment.
- Action against public officials who coerce Good Samaritan for revealing personal details.
In 2016, Supreme Court made these guidelines legally binding for all states and Union Territories.
Section 134A was inserted in Motor Vehicles (Amendment) Act, 2019 providing protection to Good Samaritans

How we can promote the culture of Good Samaritan in India?

Reforms in Law: Stringent provisions in Motor Vehicles Act, 1988 can be added for the protection of the Good Samaritan.
- It will motivate people to come forward and help others.
Display ‘Charter of Rights’ for Good Samaritans in the hospitals and police stations, as mandated by the Supreme Court.
Rewards/Recognition for Good Samaritans: Operant conditioning, also referred to as instrumental conditioningor Skinnerian conditioning, can be used in this regard.

It is a method of learning that uses rewards and punishment to modify behaviour.

Public Awareness: It will help in promoting values like empathy, kindness, and the importance of helping others from a young age.
- Familiarise Health Workers and Police about the Good Samaritan Law, court decisions, guidelines and standard operating procedures
- Different mediums can be adopted for it such as cinema, theatre etc.
Adoption of Best Practices: Canadian states have provisions of no liability for emergency aid by Samaritans unless gross negligence is observed.

Check Your Ethical Aptitude

You are aspiring to become an IAS officer and you have cleared various stages of the examination and now you have been called for the personality test. On the day of the interview, on the way to the venue you saw an accident where a mother and child were badly injured.

On the basis of the case, answer the following questions:

What would you have done in such a situation? Justify your action.