Rah Gujran – Passer By
In a landmark and far-reaching judgement in March 2016, Supreme Court of India provided “force of law” to the Government of India guidelines protecting bystanders/passers-by who assist road crash victims. Such people are Good Samaritans and may be termed as Rah Gujran in an FIR made out in Hindi. The decision has a lasting effect in reducing the death-toll due to road crashes. Good Samaritans no longer have to be worried about becoming victims while trying to, ironically, assist victims. The judgment brides gaps in the legal system that traditionally deterred bystanders from becoming Good Samaritans.
In fact, the Law Commission of India stated in 2006 that close to 50 per cent of victims injured in road crashes can be saved with prompt medical assistance in the first hour, also known as “golden hour”.
SaveLIFE Foundation (SLF) conducted a nation-wide survey, “Impediments to Bystanders in India”, in 2014, which revealed that 3 out of 4 people hesitate to assist road crash victims, 88 per cent of whom due to the fear of legal and procedural hassles.
This judgment of the Honorable Supreme Court provides protection to a critical element in the ‘chain of survival’ – a term used to refer to the three most important aspects for survival of a trauma victim – bystander care, ambulatory care, and in-hospital care.
This article is provided for information purpose only and does not create any legal relationship whatsoever. Further, law is a complex and ever-changing subject and so information herein may be out-dated or may not apply to a specific case. Always take proper legal counsel.
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