In 2022, the country recorded over 4.6 lakh road accidents and a devastating 1.68 lakh fatalities.
India’s Road Safety Crisis
- Severity of the Crisis: India is grappling with a severe road safety crisis, evidenced by alarming statistics from the Ministry of Road Transport and Highways (MoRTH)
- Emergency Response: Despite notable improvements in various areas of road safety, such as road engineering, enforcement, and public education, emergency response and post-accident care remain the weakest link in the system.
- Post-Accident Care: To address this critical gap and encourage public involvement, measures like the Good Samaritan Law and the recent Cashless Treatment Scheme have been introduced.
The Four Es of Road Safety
- Engineering: This pillar focuses on road design and safety improvements, aiming to build safer infrastructure that reduces accident risks.
- Enforcement: This involves the strict implementation of traffic laws by authorities to ensure compliance and deter dangerous driving.
- Education: This component deals with awareness campaigns on road rules and safe driving practices, aiming to cultivate responsible road user behavior.
- Emergency Response: This critical aspect refers to quick medical assistance post-accident. Currently, it is identified as the weakest component within India’s road safety framework.
Impact of Road Accidents
- Accident Statistics (MoRTH 2022): Over 4.6 lakh road accidents were reported.
- These accidents resulted in 1.68 lakh deaths.
- Additionally, 4.43 lakh persons sustained injuries.
- Demographic Impact: A significant 66.5% of the victims were between 18-45 years of age. This demographic represents India’s most economically productive group.
- Economic Loss: The GDP loss to the Indian economy due to road accidents is estimated at 3-5% annually, as reported by the World Bank and WHO. This highlights the substantial economic burden posed by these incidents.
Good Samaritan Law in India
- Supreme Court Recognition (2016): The concept of the Good Samaritan Law was first recognized by the Supreme Court in 2016 through its directives in the case of Savelife Foundation vs Union of India.
- Codification (2019): These protections were later codified under Section 134A of the Motor Vehicles (Amendment) Act, 2019, providing a legal framework for the law.
- Operational Safeguards: Further operational safeguards and procedures for the Good Samaritan Law are provided under Central Motor Vehicle Rules 168 & 169
- Implementation Gap (Rule 168(5)): Despite the legal framework, Rule 168(5) which mandates all hospitals to display Good Samaritan rights, is rarely implemented.
- This lack of visible awareness means that many potential Good Samaritans remain unaware of their protections, hindering the law’s effectiveness.
- Anonymity: A Good Samaritan’s identity need not be disclosed. This protection is designed to alleviate fears of legal involvement or harassment.
- No Liability: Good Samaritans are protected from civil or criminal liability for any injury or death of the victim caused due to their actions, unless gross negligence or intent to harm is proven. This provision encourages intervention without fear of legal repercussions for genuine attempts to help.
- Right to Leave: A Good Samaritan has the right to leave the scene of the accident or the hospital immediately after helping. There is no obligation to complete formalities or stay at the hospital for questioning, unless they are an eyewitness and choose to be.
Challenges to the Law’s Effectiveness
- Lack of Awareness: There is a significant lack of awareness among the public and institutions (including police and hospitals) regarding the existence and provisions of the Good Samaritan Law.
- Fear: Fear of police harassment and legal hassles remains a primary deterrent. Despite legal protections, many citizens still fear getting entangled in police investigations, court appearances, or being treated as suspects.
- Hesitation: Cultural hesitation in helping unknown victims also plays a role, with people often being reluctant to get involved in situations involving strangers due to various societal factors.
- Institutional Non-compliance: There is non-compliance by hospitals in displaying rights of Good Samaritans, as mandated by Rule 168(5) of the Central Motor Vehicle Rules.
Cashless Treatment Scheme for Road Accident Victims (2025)
- Launch Date: This scheme was launched on May 5, 2025, by the National Health Authority (NHA).
- Treatment Coverage: It provides for up to ₹1.5 lakh in cashless treatment for road accident victims. This coverage is valid for 7 days post-accident, provided the police are informed within 24 hours of the incident.
- Hit-and-Run Compensation: The scheme also reinforces compensation for hit-and-run victims, offering ₹2 lakh for fatalities and ₹50,000 for grievous injury.
- Digital Backing (e-DAR): The scheme is significantly backed by the e-DAR system (Electronic Detailed Accident Report).
- This system facilitates real-time accident reporting and claims processing, ensuring quicker and more efficient disbursement of benefits.
- ‘Golden Hour’: A key emphasis of the scheme is on the ‘Golden Hour’, which refers to the first hour post-accident.
- This period is considered critical to survival for accident victims, and the scheme aims to ensure immediate medical intervention during this crucial time.
Trauma Care Facilities in India
- Specialization Gaps: Most trauma centers in India currently lack 24/7 emergency staffing, adequate neurosurgery capabilities, or dedicated trauma wards.
- This means that critical care for severe injuries might not be available around the clock or from specialized personnel.
- Geographic Weaknesses: These deficiencies are particularly weak along highways and in district hospitals.
- This is a critical issue as many road accidents occur on highways, and district hospitals are often the first point of contact for victims in rural and semi-urban areas.
- Trauma Care Network: There is a pressing need for a nationwide trauma care network. This network should be designed to ensure that quality trauma care is accessible across the country, prioritizing establishment and strengthening of facilities in key districts.
- District Prioritization: The network should specifically focus on district prioritization, ensuring that every district has adequately equipped and staffed trauma care units capable of handling emergencies.
- Integration with Ayushman Bharat: A crucial suggestion is the integration of trauma care with Ayushman Bharat.
- This would leverage the existing framework of health insurance coverage (PM-JAY provides up to Rs. 5 lakh for secondary and tertiary care) to ensure financial access to trauma treatment for a large segment of the population.
Post-Crash Care Challenges
- WHO’s Stance: The WHO (World Health Organization) asserts that inadequate post-crash care is a major reason for road deaths. This highlights the global recognition of timely and effective emergency response as crucial for saving lives.
Puducherry Study Findings: A study conducted in Puducherry revealed a significant gap in timely medical access, showing that only 55% of road accident victims manage to reach hospitals within the crucial ‘Golden Hour’.
- Aligarh Study Findings: A study from Aligarh underscored the vital role of ordinary citizens as first responders. It found that in 67% of cases, the first responders to road accidents were ordinary citizens, rather than trained emergency personnel.
International Best Practices
- Germany: Germany requires mandatory first-aid training for individuals to obtain a driving license, ensuring that new drivers have basic life-saving skills.
- Legal Duty to Help: The country also enforces a legal duty to help in accident situations, with penalties for failing to render assistance, fostering a culture of immediate intervention.
- Sweden: Sweden pioneered the Vision Zero strategy, which operates on the ethical principle that no loss of life is acceptable within the road transport system.
- They utilize real-time crash data for analysis and prevention, and incorporate advanced safety features like in-vehicle alerts to proactively mitigate risks.
Way Forward
- Awareness Campaign: Implement a comprehensive nationwide awareness campaign utilizing both traditional and digital media. The goal is to educate the public about the Good Samaritan Law, its protections, and the importance of timely assistance to accident victims.
- Compliance: Conduct compliance audits for hospitals and police to ensure they adhere to the provisions of the Good Samaritan Law and related protocols.
- Establish mechanisms for citizen feedback to monitor the implementation and address instances of non-compliance or harassment.
- Recognition for Good Samaritans: Introduce annual awards and public recognition for Good Samaritans. This will incentivize and encourage more people to come forward and help accident victims by celebrating their selfless acts.
Conclusion
There is a crucial need for a shift from a reactive to a responsive emergency system. This requires a multifaceted transformation encompassing cultural transformation and legal transformation:
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