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
February 23,2020

Bengaluru, Feb 23: Union Minister of Chemicals and Fertilizers DV Sadananda Gowda on Sunday said that several "anti-national organisations" were misusing the platform of anti-CAA protests.

"We have taken serious note of it and have started an investigation. Several anti-national organisations are misusing the platform of anti-CAA protests and many people are trying to take political advantage of this situation," he told the media on Sunday.

Gowda said that the government is "very serious" about the issue. "We are already working towards this. Both the state and Centre are together investigating into this," he said and added, "We will ensure that we cut this and will not allow this to grow. We will investigate the organisers of the event as well."

"If you are inviting such people (alleged anti-national elements), it means that you either know about it or that you are indirectly encouraging such things. In such situations, the organisers too will be acted upon," he stressed.

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coastaldigest.com news network
February 14,2020

Bengaluru, Feb 14: In a major embarrassment to the police, the Karnataka High Court has termed as illegal the prohibitory orders imposed under Section 144 of CrPC by the City Police Commissioner in December 2019 in the light of the anti-Citizenship Amendment Act (CAA) protests in Bengaluru.

The orders were passed “without application of mind” and without following due procedures, the court noted. Giving reasons for upholding the arguments of the petitioners that there was no application of mind by the Police Commissioner (Bhaskar Rao) before imposing restrictions, a division bench of the High Court said he had not recorded the reasons, except reproducing the contents of letters addressed to him by the Deputy Commissioners of Police (DCPs). 

The state government had contended that prohibitory orders were passed based on reports submitted by the DCPs who expressed apprehension about anti-social elements creating law and order problems and damaging public property by taking advantage of the anti-CAA protests.  

The High Court bench said the Police Commissioner should have conducted inquiry as stated by the Supreme Court to check the reasons cited by the DCPs who submitted identical reports. Except for this, there were no facts laid out by the Police Commissioner, the court said.

“There is complete absence of reasons. If the order indicated that the Police Commissioner was satisfied by the apprehension of DCPs, it would have been another matter,” it said.  

“The apex court has held that it must record the reasons for imposition of restrictions and there has to be a formation of opinion by the district magistrate. Only then can  the extraordinary powers conferred on the district magistrate can be exercised. This procedure was not followed. Hence, exercise of power under Section 144 by the commissioner, as district magistrate, was not at all legal”, the bench said. 

“We hold that the order dated December 18, 2019 is illegal and cannot stand judicial scrutiny in terms of the apex court’s orders in the Ramlila Maidan case and Anuradha Bhasin case,” the HC bench said while upholding the arguments of Prof Ravivarma Kumar, who appeared for some of the petitioners.   

Partly allowing a batch of public interest petitions questioning the imposition of prohibitory orders and cancelling the permission granted for protesters in the city, the bench of Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar observed that, unfortunately, in the present case, there was no indication of application of mind in passing prohibitory orders.

The bench said the observation was confined to this order only and it cannot be applicable in general. If there is a similar situation (necessitating imposition of restrictions), the state is not helpless, the court said.

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News Network
January 13,2020

Mangaluru, Jan 13: A truck parked at the site of protest against the new citizenship law and National Register of Citizens (NRC) at Deralakatte on the outskirts of the city was charred down to ashes after it was set on fire by miscreants, police said here on Monday.

Police said that Deralakatte Citizenship Protection Committee had organised a protest rally against the Citizenship Amendment Act (CAA) here on Sunday. After the rally concluded, a few unidentified miscreants set the vehicle on fire.

The incident resulted in chaos, causing panic among the locals who informed the police immediately.

Condemning the incident, the local unit of Popular Front of India has claimed that the incident was an attempt by saffronist goons to disrupt peace and trigger communal riot in the region. It has urged the police to nab the accused immediately without yielding to any political pressure.

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