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
May 24,2020

Bengaluru, May 24: A couple got married in Bengaluru today, even as Karnataka government has announced a complete lockdown on Sundays, as part of the fourth phase of COVID-19 shutdown till the end of this month.

The marriage ceremony on this Sunday was possible thanks to a clarification given by the state government for marriages, which has been already scheduled for May 24 and May 31 to be exempted from the Sunday complete lockdown.

At today's wedding, the rituals were performed with compliance of all guidelines including ensuring social distancing and capping the number of guests at 50.

Satish, the groom said, "Government has allowed weddings with up to 50 people in attendance but we decided to invite only 25 people to the ceremony".

Meanwhile, in the Honnali Honnali area of Davanagere, BJP MLA MP Renukacharya distributed masks to three newly-wed couples.

As per an earlier advisory issued by the State government more than 50 guests, no air conditioning, and the consumption of liquor and paan are among the guidelines to be followed for holding weddings in the state. Also, people aged above 65 and below 10 as well as pregnant women have been barred from participating in the event.

According to the advisory, sanitisers should be provided at the entry and other appropriate places at the venue. Also, thermal screening of all persons shall be conducted at the entry of the venue. The scanner should be held 3-15 cms away from a person's forehead.

Apart from this, the venue shall be "clean and hygienic," and a "nodal person shall be identified for overseeing the arrangements and coordination at the venue." Also, a list of attendees with contact details has to be maintained and all guests should have downloaded Aarogya Setu app.

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Ram Puniyani
March 14,2020

In the wake of Citizenship Amendment Act (CAA) UN High Commissioner, Michele Bachelet, has filed an intervention in the Supreme Court petition challenging the constitutionality of the Citizenship Amendment Act, as she is critical of CAA. Responding to her, India’s Foreign Minister S. Jai Shanker strongly rebutted her criticism, saying that the body (UNHCR) has been wrong and is blind to the problem of cross border terrorism. The issue on hand is the possibility of scores of people, mainly Muslims, being declared as stateless. The problem at hand is the massive exercise of going through the responses/documents from over 120 crore of Indian population and screening documents, which as seen in Assam, yield result which are far from truthful or necessary.

The issue of CAA has been extensively debated and despite heavy critique of the same by large number of groups and despite the biggest mass opposition ever to any move in Independent India, the Government is determined on going ahead with an exercise which is reminiscent of the dreaded regimes which are sectarian and heartless to its citizens, which have indulged in extinction of large mass of people on grounds of citizenship, race etc. The Foreign minister’s assertion is that it is a matter internal to India, where India’s sovereignty is all that matters! As far as sovereignty is concerned we should be clear that in current times any sovereign power has to consider the need to uphold the citizenship as per the principle of non-discrimination which is stipulated in Art.26 of the International Covenant on Civil and Political (ICCPR) rights.

Can such policies, which affect large number of people and are likely to affect their citizenship be purely regarded as ‘internal’? With the World turning into a global village, some global norms have been formulated during last few decades. The norms relate to Human rights and migrations have been codified. India is also signatory to many such covenants in including ICCPR, which deals with the norms for dealing with refugees from other countries. One is not talking of Chicago speech of Swami Vivekanand, which said that India’s greatness has been in giving shelter to people from different parts of the World; one is also not talking of the Tattariaya Upanishad’s ‘Atithi Devovhav’ or ‘Vasudhaiva Kutumbkam’ from Mahaupanishad today.

What are being talked about are the values and opinions of organizations which want to ensure to preserve of Human rights of all people Worldwide. In this matter India is calling United Nations body as ‘foreign party’; having no locus standi in the case as it pertains to India’s sovereignty. The truth is that since various countries are signatories to UN covenants, UN bodies have been monitoring the moves of different states and intervening at legal level as Amicus (Friend of the Court) to the courts in different countries and different global bodies. Just to mention some of these, UN and High Commissioner for Human Rights has often submitted amicus briefs in different judicial platforms. Some examples are their intervention in US Supreme Court, European Court of Human Rights, International Criminal Court, and the Inter-American Court of Human Rights. These are meant to help the Courts in areas where UN bodies have expertise.

 Expertise on this has been jointly formulated by various nations. These interventions also remind the nations as to what global norms have been evolved and what are the obligations of individual states to the values which have evolved over a period of time. Arvind Narrain draws our attention to the fact that, “commission has intervened in the European Court of Human Rights in cases involving Spain and Italy to underscore the principle of non-refoulement, which bars compulsory expulsion of illegal migrants… Similarly, the UN has intervened in the International Criminal Court in a case against the Central African Republic to explicate on the international jurisprudence on rape as a war crime.”

From time to time organizations like Amnesty International and Human Rights Watch have been monitoring the status of Human rights of different countries. This puts those countries in uncomfortable situation and is not welcome by those establishments. How should this contradiction between ‘internal matter’, ‘sovereignty’ and the norms for Human rights be resolved? This is a tough question at the time when the freedom indices and democratic ethos are sliding downwards all over the world. In India too has slid down on the scale of these norms.

In India we can look at the intervention of UN body from the angle of equality and non discrimination. Democratic spirit should encourage us to have a rethink on the matters which have been decided by the state. In the face of the greatest mass movement of Shaheen bagh, the state does need to look inwards and give a thought to international morality, the spirit of global family to state the least.

The popular perception is that when Christians were being persecuted in Kandhmal the global Christian community’s voice was not strong enough. Currently in the face of Delhi carnage many a Muslim majority countries have spoken. While Mr. Modi claims that his good relations with Muslim countries are a matter of heartburn to the parties like Congress, he needs to relook at his self gloating. Currently Iran, Malaysia, Indonesia and many Muslim majority countries have spoken against what Modi regime is unleashing in India. Bangladesh, our neighbor, has also seen various protests against the plight of Muslims in India. More than the ‘internal matter’ etc. what needs to be thought out is the moral aspect of the whole issue. We pride ourselves in treading the path of morality. What does that say in present context when while large section of local media is servile to the state, section of global media has strongly brought forward what is happening to minorities in India.   

The hope is that Indian Government wakes up to its International obligations, to the worsening of India’s image in the World due to CAA and the horrific violence witnessed in Delhi.

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News Network
July 15,2020

Bengaluru, Jul 15: Karnataka Pradesh Congress Committee President D K Shivakumar on Tuesday alleged Chief Minister B S Yediyurappa led state government of corruption and said it had not spared even beds and pillows meant for COVID-19 patients to make "corrupt" money.

Taking to microblogging site Twitter, Congress leader said BJP government will be exposed in the coming days.

"It is nauseating that @BSYBJP govt has not even spared the beds and pillows meant for CoVid patients to make corrupt money from. There are many such scams involving ministers. Evidences about them will be placed before people and the BJP Govt will be exposed in the coming days," he tweeted.

Cabinet minister Jagadish Shettar on Monday announced a complete lockdown in Karnataka's Dharwad area from 10 am on July 15 to 8 pm on July 24 in a bid to control the rising number of COVID-19 cases.

According to the State's health department, Karnataka has a total of 41,581 positive cases so far, including 24,572 active cases and 16,248 recoveries.

So far, 757 people have lost their lives to coronavirus in the State.

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