Karnataka becomes first state to give legal protection to those who help accidents victims

Agencies
September 30, 2018

New Delhi, Sept 30: President Ram Nath Kovind has given assent to a bill which will give legal protection to the good samaritans in Karnataka who help accidents victims with emergency medical care within the 'golden hour', officials said Sunday.

With this, Karnataka has become the first state to give legal protection to good samaritans through a legislation amidst the rising incidents of accidental deaths in India, which saw 1,50,785 people getting killed in road accidents in 2016.

The Karnataka Good Samaritan and Medical Professional (Protection and Regulation during Emergency Situations) Bill, 2016, aims to give protection to good samaritans and ensure immediate medical assistance for road accident victims within the 'golden hour' and encourage people to offer first aid to victims without fear of harassment in the hands of police and investigations.

In medical term the 'golden hour' is the first hour after a traumatic injury when emergency treatment is very crucial.

Under the new law, the Karnataka government will provide financial help to good samaritans who help victims in a timely manner, they will be exempted from repeated attendance in courts and police stations, in case attendance is mandatory, expenses of such "running around to courts and police stations" will be taken care through the proposed 'Good Samaritan Fund'.

After admitting the accident victim to the hospital, the good samaritan can leave immediately, all government, as well as private hospitals, are bound to give first aid to the accident victims, according to the new legislation.

Another official said there have been many instances when people get busy in clicking photos or making videos of the victims, instead of providing the accident victims medical help.

"With the new law, there will be clear message that good samaritans will not be harassed in any manner," the official said.

There were 4,80,652 road accidents in the country in 2016 in which 1,50,785 people were killed. In 2015, there were 5,01,423 road accidents in the country in which 1,46,133 people were killed.

Karnataka is one of the top five states which saw a large number of people getting killed in road accidents in 2016 and 2015.

There is no central law to protect the good samaritans. However, the Union Surface Transport Ministry had issued a set of guidelines in 2015 following a Supreme Court order to protect the good samaritans.

Also Read: Karnataka Government plans award to honour people who save accident victims

Comments

Ramprasad
 - 
Sunday, 30 Sep 2018

Should offer some money too. Then people may come as queue for helping

Suresh
 - 
Sunday, 30 Sep 2018

Many people including me hesitated to do help for accidents people  only because of the fear of facing legal sides/police procedings if anything happen to the victim

Rahul
 - 
Sunday, 30 Sep 2018

Loud applouse for Karnataka govt. This help to overcome the fear of offering help.

Danish
 - 
Sunday, 30 Sep 2018

Great initiative. People wont hesitate to help accident victims

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News Network
June 14,2020

Bengaluru, Jun 14: Karnataka's Health Department has shut down four city clinics for not reporting Influenza Like Illness (ILI) and Severe Acute Respiratory Infection (SARI) cases, which are COVID symptoms, an official said on Sunday.

"We have shut four Bengaluru clinics for not reporting ILI and SARI cases," a health official told IANS.

The clinics are Namma Clinic at Sahakaranagar, Panchamukhi Specialty Clinic at Peenya 2nd Stage, Mathru Chaya Clinic at Sudhama Nagar in Bommanahalli and Nayak Hospital in Gayathri Nagar.

"We gave notice to 17 clinics for not reporting ILI and SARI medical conditions in patients. Out of the 17, 13 reverted that they did not do and will start reporting," said the official.

However, the four named clinics did not revert leading to their shutdown.

According to the official, the clinics failed to adhere to the Epidemic Diseases Act, 1987, Disaster Management Act, 2005 and others.

All medical facilities and hospitals should report all patients with ILI and SARI symptoms as many COVID positive cases have them as underlying conditions.

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News Network
April 21,2020

Bengaluru, Apr 21: Bengaluru Police and administration has issued prohibitory orders in the city, with exemptions to essential and emergency services, to enforce the COVID-19 lockdown.

"In exercise of the powers conferred under Section 144 (1) Code of Criminal Procedure, I, Bhaskar Rao, IPS, Commissioner of Police and Additional District Magistrate, Bengaluru city hereby issue a prohibitory order within the limits of Bengaluru city commissioner on midnight of April 20, 2020, to midnight May 3, 2020," the order issued on Monday said.

Section 144 of the CrPC pertains to the power conferred to a District Magistrate, a sub-divisional Magistrate or any other Executive Magistrate to issue orders in urgent cases of a nuisance of apprehended danger.

"As per the guidelines of the Ministry of Home Affairs, Government of India on the measures for containment of COVID-19 epidemic, it is imperative to take stringent measures in the jurisdiction of Commissioner of Bengaluru city to prevent the spread of the disease," the order said.

As per the order, the offices of the Government of India, its autonomous and subordinate offices and public corporations shall remain closed with the exception of defence, central armed police force, treasury, public utilities, disaster management, power generation, and post office, etc.

Offices to the state government, their autonomous bodies, corporation, etc shall also remain closed except police, home guard, civil defence, fire and emergency services, electricity, water, sanitation and Mandis operated by Agriculture Produce Market Committee, etc, it added.

It said that municipal bodies, with staff required for essential services, will also remain functional during this period. Other essential and emergency services, like hospitals, shops, etc have also been exempted from the prohibitory orders.

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Wafa Sultana
April 4,2020

Over the last couple of days when the world was occupied with unifying efforts to fight the deadly Covid19 pandemic, sections of Indian media provided viewers a familiar scapegoat – the Indian Muslims – who are often stereotyped as a community being constantly at loggerheads with the citizenry and the State. Biased media channels were quick to resort to blaming the entire Muslim community for the spread of the disease in the country, thanks to an ill-timed Tablighi Jamaat gathering at its international headquarters in Delhi’s Nizamuddin. Unsurprisingly, the opprobrium was also marked by a sudden spike in WhatsApp forwards of videos with people wearing skullcaps licking spoons and performing Sufi breathing rituals, suggesting some sort of wild conspiracy on the part of the community to spread the virus.  Some media channels were quick to formulate, hypothesize and provide loose definitions of a newly discovered form of Jihad i.e. ‘Corona Jihad ’ thereby vilifying the Islamic faith and its followers.

While the investigation on the culpability of the organizers of the Nizamuddin event is still ongoing, there is enough information to suggest that the meeting was held before any lockdown was in force, and the problem began when there was no way of getting people out once the curfew was announced. Be that as it may, there is little doubt that organizing a meet of such a scale when there is a global pandemic smacks of gross misjudgment, and definitely the organizers should be held accountable if laws or public orders were defied. Attendees who attempt to defy quarantine measures must be dealt with strictly. However, what is alarming is that the focus and narrative have now shifted from the unfortunate event at Nizamuddin to the Tablighi Jamaat itself.

For those not familiar with the Tablighi Jamaat, the organization was founded in 1926 in Mewat by scholar Maulana Mohammad Ilyas. The Jamaat’s main objective was to get Muslim youth to learn and practice pristine Islam shorn of external influences. This is achieved through individuals dedicating time for moral and spiritual upliftment secluded from the rest of the world for a brief period of time. There is no formal membership process. More senior and experienced participants typically travel from one mosque to other delivering talks on religious topics, inviting local youth to attend and then volunteer for a spiritual retreat for a fixed number of days to a mosque in a nearby town or village to present the message to their co-religionists. Contrary to ongoing Islamophobic rhetoric, the movement does not actively proselytize. The focus is rather on getting Muslims to learn the teachings and practices of Islam.  This grassroots India-based movement has now grown to almost all countries with substantial Muslim populations. Its annual meets, or ‘ijtemas’ are among the largest Islamic congregations in the world after the annual Haj. One of the reasons for its popularity and wide network in the subcontinent and wordwide is the fact that it has eschewed the need for scholarly intervention, focusing on peer learning of fundamental beliefs and practice rather than high-falutin ideological debates. The Tablighi Jamaat also distinguishes itself from other Islamic movements through its strictly apolitical nature, with a focus on individual self-improvement rather than political mobilization. Hardships and difficulty in the world are expected to be face through ‘sabr’ (patience) and ‘dua’ (supplication),  than through quest for political power or influence. In terms of ideology, it is very much based on mainstream Sunni Islamic principles derived from the Deobandi school.

So, why is all this background important in the current context? While biased media entities have expectedly brought out their Islamophobic paraphernalia out for full display, more neutral commentators have tried to paint the Tablighi Jamaat as a fringe group and have tried to distance it from 'mainstream Muslims'. While the intent is no doubt innocent, this is a trap we must not fall into. This narrative, unfortunately, is also gaining ground due to apathy some Muslims have for the group, accusing it of being “disconnected from the realities of the world”. Unlike other Muslim organizations and movements, the Tablighi Jamat, by virtue of its political indifference, does not boast of high-profile advocates and savvy spokespersons who can defend it in mainstream or social media.  The use of adjectives such as 'outdated' and 'orthodox' by liberal columnists to describe the Jamaat feeds into the malignant attempt to change the narrative from the control of the spread of the pandemic due to the Nizamuddin gathering to 'raison d'etre' of the organization itself.

A large mainstream religious group like the Tablighi Jamaat with nearly a hundred-year history, normally considered to be peaceful, apolitical and minding its own business is now suddenly being villainized owing to unfortunate circumstances. Biased media reactions filled with disgust and hate seem to feed the Indian public conscience with a danngerous misconception - to be a nominal Muslim is okay but being a practicing one is not.  For those committed to the truth and fighting the spread of Islamophobia, the temptation to throw the entire Tablighi Jamaat under the bus must be resisted.

The writer is a lawyer and research scholar at Qatar University. Her research interests include Islamic law and politics.

Comments

zahoorahmed
 - 
Saturday, 4 Apr 2020

great article! provides a great perspective on tableeg jamat

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