o
Ministry of Road Transport and Highways has issued the following
guidelines for the protection of the people, on the recommendation of the Panel
appointed by the Court and in consultation with the Ministry of Home Affairs
and the Ministry of Law and Order.
o
Any bystander, including an eyewitness of the road accident, can
take the injured person to the nearest hospital. In such situations the
bystander will be allowed to leave immediately after admitting the injured, no
questions asked, in case of an eyewitness, he/she will be let go after the
address and any other required details are confirmed by the officials.
o
To encourage other citizens to come forward for the help of Road
Accident victims, a suitable reward or compensation will be given by the
methods adopted by the State Governments.
o
The bystander will not be liable for any civil and criminal
liability, and neither will he/she be compelled to state his/her name and
personal details. Producing such details will be made optional and voluntary. Similarly,
this will also be incorporated in the Medicolegal Case (MLC) Forms provided by
hospitals. Necessary disciplinary actions will be taken against Government
officials in case they force or threaten such good will bystanders for their
personal details.
o
In a situation where the bystander or first responder voluntarily
mentions himself/herself as the witness of the accident, and is required to be
present for the investigation by the Police or during trial, he/she will be
summoned for the trial and Standard Operating Procedure defined by the State
Government will be followed, to avoid any persecution or intimidation. The
eyewitness will be contacted extensively for video conferencing during the
trial.
o
The Ministry of Health and Family welfare is to issue a guideline
which would mention that no registered Public or Private hospital should stop
the payment of first responder, towards the registration or recruitment costs.
o
In case of an emergency situation related to road accident, if the
doctor or any other medical professional refuses to help or if there is any
lack of response by the doctor for treatment of the patient, all such personnel
will be prosecuted under the Indian Medical Council (Business Ethics, Ethics
and Moral) Regulation, 2002, Section 8. All Hospitals will be directed to
publish and post a charter in this regard, in the English, Hindi and the native
language if the State or Union Territory to this effect. Appropriate action
will be taken by concerned authorities in case of noncompliance or violation of
these guidelines.