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.
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
