Legal Protection is Needed for Good Samaritans in Bangladesh

The initial hour following a road crash with casualties is crucial for saving lives and minimising the risk of disabilities. This period is commonly referred to as the "golden hour" or "golden time" in road traffic incidents. 

Prompt access to emergency medical services during this critical hour can significantly enhance the chances of survival for the victims. Unfortunately, Bangladesh currently lacks sufficient post-road crash care facilities, particularly in rural and remote areas. 

This scarcity of emergency medical services contributes to a rise in the number of fatalities and injuries on the roads. Consequently, victims and their families often face disabilities and financial burdens due to the absence of adequate post-crash care.

Often, it is the nearby residents or passers-by who become the first responders at the scene of a crash. These individuals voluntarily leap into action, doing their best to rescue the passengers from danger, even in the absence of technical knowledge or professional assistance.

They then promptly transport the victims to the nearest government or private hospital. Therefore, passers-by play a crucial role in preventing fatalities and severe injuries in the aftermath of an accident.

Unfortunately, in recent times, it has become increasingly common to witness injured individuals lying on the road while passers-by choose to record the incident with their phones and walk away without offering any assistance to the victims. 

The primary reason behind the public's hesitation to intervene immediately is the fear of getting entangled in police questioning, criminal cases, additional hassle, and complex court procedures. 

Furthermore, bystanders often face harassment from private hospitals, as these institutions tend to deny admission to patients without immediate payment or without a connection to the person accompanying the victim to the hospital.

Additionally, those who volunteer to help in rescuing victims face the risk of being sued with civil or criminal charges if any harm is inadvertently caused to the victim during the rescue attempt. 

This fear of legal repercussions, coupled with potential police involvement, further discourages the public from offering aid to road crash victims, despite their desperate need for assistance and potentially life-saving measures.

That is why a legal framework is crucial to safeguard Good Samaritans from being harmed and to encourage their assistance to victims without fear of negative consequences. 

A Good Samaritan refers to an individual who willingly steps forward in good faith to provide immediate assistance or emergency care to a person injured in an accident, crash, or medical emergency, without expecting payment, reward, or assuming any duty of care or special relationship. 

Unfortunately, there is currently no law in place to protect Good Samaritans and enable them to aid road crash victims in Bangladesh. 

While the Penal Code of 1860 offers indemnity to volunteers who act in good faith without consent for the benefit of a person under Section 92, this provision only provides protection against criminal liability and does not exempt them from civil and other responsibilities. 

Therefore, it is necessary to establish a separate law or, at the very least, a separate provision within the Road Transport Act of 2018 to shield Good Samaritans from both civil and criminal liabilities and to impose an obligation on hospitals and clinics to provide emergency healthcare services to the victims.

Globally, Good Samaritan laws are in place to safeguard volunteers who provide reasonable assistance to individuals who are injured, ill, in peril, or otherwise incapacitated in road, rail or air crashes. 

These laws have the purpose of encouraging bystanders to help those in need and ensuring that they are protected from harassment by the police, hospitals or any other parties. The laws ensure that selfless rescuers are not held liable for any unintentional acts of negligence, omissions, harm or wrongful death that may occur as a result of their genuine efforts.

An ideal Good Samaritan law includes provisions that prevent the rescuer from being compelled to file a police case at the police station or bear the costs of medical services provided by the hospital. 

Furthermore, the law ensures that the Good Samaritan cannot be forced to remain at the hospital or police station. It guarantees that the individual is not obligated to provide personal information, such as their name, address, phone number, or the identity of the victim, even for a medico-legal form. 

The Good Samaritan is also not required to provide any other evidence to the police. If the individual voluntarily chooses to participate in the investigation process, their statement will be recorded in a single hearing, and they will not be repeatedly summoned by the police. 

Additionally, there should be a provision for the Good Samaritan to lodge complaints against any misconduct by the police or hospital to the relevant authority.

The High Court Division (HCD) has approved the Emergency Medical Services for Road Accident Victims and Protection of Good Samaritans Guidelines, 2018 in the case of Syed Saifuddin Kamal & anr. Vs. Bangladesh & ors., 13 SCOB [2020] HCD. 

The court has declared that these guidelines will be considered enforceable until the legislature enacts the necessary law in this regard. This aligns with the stance taken by the Indian Supreme Court in the case of Save Life Foundation and anr. Vs. Union of India and anr. in 2016.

According to the HCD verdict, a Good Samaritan is defined as any bystander and/or passer-by who provides assistance to accident victims. These individuals can play a crucial role in saving lives by either immediately transporting the victims to the hospital or providing immediate lifesaving first aid. 

The guidelines impose the responsibility on law enforcement agencies to provide emergency medical care to victims of road, rail or air accidents. It states that if a person injured in a road crash was also involved in the incident, they cannot be harassed or sent to the police station for legal action before receiving emergency medical care. 

Additionally, it mandates that the relevant officer of the law enforcement agency should arrange suitable vehicles for road crash victims if an ambulance is not available at the scene to provide emergency medical care.

Currently, the legislature has not made any efforts to establish a law concerning emergency medical services for road accident victims and the protection of Good Samaritans. 

Furthermore, the directives provided by the HCD have not been fully implemented. As a result, the number of deaths due to road crashes continues to rise in the country. It is essential for policymakers to prioritise the preservation of lives in this nation. 

Therefore, there is an urgent need to comply with the judgment of the HCD and enact a legal framework that ensures the protection of Good Samaritans. This will help instill confidence among the public and encourage them to fearlessly assist victims of road, rail, and air crashes.

Published as Sub-editorial on the Daily Sangbad on 30 April 2023

Published as Sub-editorial on Dainik Bangla on 3 May 2023

Published as Op-ed (Thought) on The Business Standard on 18 May 2023 at page 15

The Proposed Motorcycle Movement Policy 2023 of Bangladesh is Commendable; But…

Journey by motorcycle has increased tremendously since the inauguration of ride-sharing services in Bangladesh. Motorcycle is being hailed as a popular means of transportation within short time as it takes less time and cost to reach a destination, particularly against the backdrop of Dhaka's unbearable traffic gridlock. Another big reason for blooming motorbikes on the road is the government's encouragement to build motorcycle factories in the country. However, with the increase of motorcycles, the number of road crashes has also upsurged. The number of casualties in motorcycle crashes has increased in recent times due to high speed, uncontrolled movement, reluctance to use standard helmets and other safety gears, excess passenger and cargo transportation on motorcycle, lack of adequate training, improper law enforcement etc. In this situation, it is known from the media sources that the government is going to formulate a policy called the Motorcycle Movement Policy 2023 to regulate motorcycle movement in the country. The Road Transport and Highways Division, Bangladesh Road Transport Authority, Bangladesh University of Engineering and Technology (BUET), Police and Roads and Highways Department are involved in the policy making process. Despite the concern how effectively it will be implemented, the newly drafted policy was a long felt one to address the reckless motorcycle movement.

There has been a negative reaction among the motorcyclists, riders, pillions, manufacturers, traders and users about the proposed restrictions recommended in the draft policy. Riders and users were aggrieved because of the ban on the Padma bridge and highways during festive times, harassment of motorcyclists by the police in the name of random stopping and checking on the roads and for various other reasons. At this moment, the proposed policy has added fuel to that old fire. In addition, due to the vagueness on some points, exclusion of bikers and manufacturers from the policy making processes, non-clarification of the concerns raised by the riders etc. have influenced them to protest against the draft policy. However, the object to formulate the policy is novel as it aims to reduce road crashes by ensuring safety for the bikers, pillions and users. Now the government needs to connect the stakeholders with the objectives of the recommended policy and clarify the ambiguities questioned by them.

The most controversial matter in the policy is the 30 kmph maximum speed limit for motorcycles in the city. Young motorcyclists opined that the 30 kmph speed limit inside city will increase the chances of road crash as the speed limit is not applicable to other motor vehicles like car, bus, truck etc. and just slowing down the motorcycle speed will create scope to hit motorbikes from behind by other vehicles.

This is the major flaw of the policy as it does not propose same maximum speed limit for all other motor vehicles in city. In order to ensure road safety in almost all countries of the modern world, the maximum speed limit for all classes of motor vehicles in cities is 30 kmph. This speed limit is even lower in schools, hospitals, densely populated areas etc. A question may come where the average speed of Dhaka city is decreasing day by day for traffic congestion; why would the maximum speed limit be fixed at 30 kmph? Because in urban areas there are more pedestrians on the roads while pedestrians walk and cross the road randomly. Pedestrian deaths are increasing due to speeding. Research shows that a pedestrian hits by an automobile traveling at 30 kmph has 80 percent chance of surviving. Furthermore, due to the growth of using bicycles, pedal-powered e-cycles, low-speed mobility scooters for differently able people; the speed limit for all motor vehicles in cities worldwide is 30 kmph. Controlling the speed of motorcycles alone without controlling the speed of other vehicles will not serve the purpose rather crate anarchy on roads. Therefore, the government should determine the maximum speed limit in urban areas for all classes of vehicles immediately.

The draft policy has banned the movement of motorbikes on highways with any pillion. This is not consistent with the much-discussed Road Transport Act (RTA) of 2018. Section 49(1)(f) of the Act stipulates that a motorcyclist shall not carry more than one pillion. Therefore, there is no scope to prohibit the carrying of a pillion under the proposed policy whereas the main law allows the same. There is no doubt that the biker and the pillion will suffer severe causalities if any collision happened on the highway. The committee might have thought the fatality in that case, but there is no opportunity to import a new provision in the policy which is contrary with the original law. Thus, amendment of the RTA is necessary to include restriction for carrying pillion on highways.

However, in addition to standard helmet, the draft policy obligates the bikers to mandatorily wear other safety gears like chest guard, knee guard, elbow guard, ankle-covering shoes or sneakers, full-finger gloves, full pants and full shirt, and anti-lock braking system on the motorcycle for highway movement. This provision will play significant role in reducing the loss of life in road crash.

The recommended policy also bans pregnant women, elderly people and children below 12 years of age from riding motorcycles on any road, which is undoubtedly a good thought. However, if the age is not defined for elderly person, many may face harassment on roads. Moreover, in case of pregnant women, a time limit may be fixed that a pregnant woman cannot be a motorcycle rider after certain month of pregnancy. Children are the most vulnerable as riders on a motorcycle ride. In various countries, riding a motorcycle is prohibited before the child reaches a height where he can safely sit on the footrest of the motorcycle, and it is from that spirit that our draft policy has set a minimum age limit to ensure the safety of the child. However, since there are no restrictions on these matters in the RTA; provision can be added to allow the government to impose restrictions on riding motorcycles by amending the RTA. Otherwise, the good intentions of the policy makers may be challenged for contradicting the original law.

Recently, there has been an increase in the trend of long-distance journeys by motorbikes, especially during the festive seasons, and to curb this trend, the draft has recommended a 10-day ban on motorcycling on highways before and after festival periods like Eid, Puja etc. Mainly due to scarcity of bus/train tickets, exorbitant price hikes, indiscipline on the highways etc. bikers are influenced to travel long distances on motorcycles. Nonetheless, it remains questionable about the reasonableness of 20-day suspension during festival. Long journeys during festival may be considered by ensuring adequate safety measures, imposing strict speed limits and proper enforcement of laws. Otherwise, a large section of citizens who themselves are paying taxes to the government for using roads will be deprived of enjoying their rights.

The recommendation to check driving license before selling motorcycle and not handing over the motorcycle before registration is commendable. It will control unregistered and unlicensed motorcycle driving. But to make the initiative a success, license verification by the vendor needs to be facilitated. Manufacturers, sellers or distributors should ensure registration and licensing as part of their social responsibility to cooperate with the government. Additionally, the proposal to give two standard helmets to the buyer is also praiseworthy. Many countries around the world have found success following this model. In recent times the use of substandard helmets has increased vastly, resulting severe fatality in road crash which can be prevented by this initiative.

Scooty type motorcycles are relatively safer than sporty motorcycles. Because its speed is low, control is easy, in case of an accident, biker can lower legs from both sides and come to a stable state quickly, etc. Hence the draft policy calls for tax exemptions to popularize scooters and tax hikes on relatively unsafe sporty motorcycles; which is admirable. In addition, some responsibilities of manufacturers, assemblers, distributors and related persons such as training on riding and first aid before selling motorcycles, providing manuals with motorcycles, distribution of pamphlets (handbills, leaflets, posters and stickers) relating to road safety etc. has been incorporated in the policy to reduce motorbike crash.

According to Bangladesh Passenger Welfare Association, 2,533 people were killed in motorcycle crashes in 2022, which is more than two and a half times than in 2018. Bangladesh tops in the world in motorcycle crash deaths. In 2021 with the support of the World Bank, in a study on road safety on 16 countries (including Bangladesh) where motorcycles travel more, the Accident Research Institute of BUET found that 28.4 people die in accidents against every 10,000 motorcycles in the country every year. About 40 percent of them are 24 to 30 years old. This death rate in motorcycle crash is the highest in the world.

Three objectives have been mentioned in the draft Motorcycle Movement Policy: 1. reducing road crash by regulating motorcycle movement; 2. encouraging the safe use of motorcycles and the relatively low-risk use of motorcycles and 3. raising awareness among motorcyclists. Therefore, it can be said that the proposed policy can play a leading role in reducing road crash, dropping risk and increasing awareness. However, before finalizing the policy, it is necessary to increase its acceptability based on the opinions of all stakeholders and bring consistency with the original law or else an auspicious venture will be nipped in the bud.

Published as Sub-editorial on Dainik Bangla on 3 March 2023 at page 8.

Published as Lead Op-ed on the Daily Observer on 5 March 2023 at page 5.

Published as Lead Op-ed on the Daily Standard on 13 March 2023 at page 15.