Good Samaritan scheme

Why in news?

• The Centre’s Good Samaritan scheme, meant to encourage and felicitate those helping road accident victims, has received a tepid response from the states more than a month since its launch.

Who is Good Samaritan?

• A Good Samaritan is a person who, in good faith, without expectation of payment or reward and without any duty of care or special relationship, voluntarily 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.

About Good Samaritan scheme:

• The Centre inserted Section 134A in the Motor Vehicles (Amendment) Act, 2019, which deals with “Protection of Good Samaritans”.
• It says that a Good Samaritan will not be liable for any civil or criminal action for any injury to or death of the victim of an accident involving a motor vehicle, where such injury or death resulted from the Good Samaritan’s negligence in acting or failing to act while rendering emergency medical or non-medical care or assistance etc.
• The scheme entitles any person, who helps save a life by taking a road crash victim to the hospital, to a reward of Rs 5,000 per accident.
• “Good Samaritan” is free to not disclose their name to the hospital or law enforcement authorities; they can also choose not to take part in any legal process involving the accident.

Eligibility:

• Any individual who has saved the life of a victim of a fatal accident involving a motor vehicle by administering immediate assistance and rushing to hospital within the golden hour of the accident to provide medical treatment would be eligible for the award.
• An individual Good Samaritan can be awarded maximum five times in a year.

Need for Good Samaritan law:

• In the last ten years, road crashes have killed over 13 lakh people in India.
• According to the Law Commission of India, 50% of these victims died of preventable injuries and could have been saved if they had received care on time.
• Three out of four people in the country are hesitant to help injured accident victims on roads due to fear of police harassment, detention at hospitals, and prolonged legal formalities. Even if someone wants to help, these factors stop them from doing so.

PRELIMS QUESTION

Consider the following statements regarding Good Samaritan scheme under Motor Vehicles (Amendment) Act, 2019:

1. The scheme entitles any person, who helps save a life by taking a road crash victim to the hospital, to a reward of Rs 5,000 per accident.

2. Good Samaritan is free to not disclose their name to the hospital or law enforcement authorities

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer