New Delhi, Mar 31: By-standers and passers-by who render help to victims of road accidents will not be unnecessarily harrassed, with the Supreme Court giving its nod to government's guidelines to shield good samaritans from harassment at the hands of cops and other authorities.
A bench of justices V Gopala Gowda and Arun Mishra said the "Good Samaritans should feel empowered to act without fear of adverse consequence" while helping others at times of distress. "People have the notion that touching the body could lend them liable for police interrogation.
Passer by plays safe and choses to wait for the police to arrive whereas the injured gradually bleeds to death. "People are reluctant to come forward for help despite desperate attempts to get help from passers by, (who) by and large they turn a blind eye to the person in distress...," the bench said.
It further said there was a need to evolve a system by promptly providing effective care system with certain ethical and legal principles. "It is absolutely necessary that Good Samaritans feel empowered to act without fear of adverse consequence.
There is need to provide certain incentives to Good Samaritans...", the bench said. It said the scheme framed by the government and this court order be widely published for the benefit of public, so that "the public is made aware and that serves as impetus to Good Samaritans to extend timely help and protection conferred upon them without incurring the risk of harassment".
"It is apparent that guidelines and directions can be issued by this court including a command for compliance of guidelines and standard operating procedure (SOP) issued by Government, Ministry of Road Transport and Highways, till such time as the legislature steps in to substitute them by proper legislation...," the court said, adding it should be complied by the Union Territories and state governments.
The court's order came on a PIL filed by an NGO SaveLife Foundation in 2012 asking for comprehensive protection for Good Samaritans from legal hassles in order to create a conducive environment for people to help injured persons on the road.