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Rescue of Accident Victims | ||
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http://www.morth.nic.in/printmain2.asp?sublinkid=119&langid=2
MINISTRY
of Shipping, Road Transport & Highways DEPARTMENT OF ROAD TRANSPORT &
HIGHWAYS (ROAD SAFETY CELL) Transport Bhawan, 1, Parliament Street, New Delhi – 110 001 No. RT-25028/2/2003-RSC Dated the 9th September 2004
To (1) The Principal Secretary (Transport)/ Secretary (Transport)
of all States / UTs. (2) Secretary, Home (Transport), Government of Tamil Nadu,
Chennai and Gujarat, Gandhinagar. (3) Transport Commissioner of all States /
UTs.
Subject: Need to build confidence in public for helping road accident victims.
Sir,
The World Report on Road Traffic Injury Prevention released
by the World Health Organization on the World Health Day (7th
April, 2004) has highlighted that nearly 12 lakh people are known to die
each year in road accidents globally. Keeping in view the increasing
global concerns about the growing impact of road traffic accidents, the
United Nation General Assembly and World Health Organization have declared
the year 2004 as the year of road safety. 2. The report highlighted the interventions required at
various stages relating to post crash care. The Report points out that
while in high-income countries, there is reasonably well-organized
ambulance based rescue system, in middle and low-income countries,
assistance by bystanders is most common. In our country, while organizing
of trauma care is a part of intervention required, there is another factor
namely, relative ignorance on part of public to come forward to help the
road crash victims, for apparent fear that they might be involved in
police cases. It is with this intention that we had sent a circular to
Transport Secretaries / Commissioners with a copy to Director General of
Police of all States / UTs regarding the need to build confidence in
public for helping road accident victims. A copy of aforesaid circular
issued on 19th February 2004 is enclosed for ready
reference. 3. Research shows that a number of the accident victims can
be saved if they receive immediate medical attention. The Hon’ble Supreme
Court in the case of Pt. Parmanand Katara vs. Union of India has also
stressed that the victims of road crashes need to be provided medical aid
in the first instance and thereafter, the procedural laws could operate.
However, due to fear of harassment people do not always come forward to
attend them. A brief paper on the subject is annexed with a request that
wide publicity may kindly be given thereto. 4. It is requested that wide publicity may be given to the
above, duly endorsing copies to all the RTOs
also. Yours faithfully, (ALOK RAWAT) Joint Secretary to the Government of India Tel. No. 23717294 Copy to: Director General of Police of all States / UTs with a
request that copies may be sent to all districts for dissemination of
information at Police Station levels.
(ALOK RAWAT) Joint Secretary to the Government of India
Tel. No. 23717294 In the case of Pt. Parmanand Katara vs Union of India in
Criminal Writ Petition No. 270 of 1988, D/-28.8,1989, [AIR 1989 Supreme
Court 2039]. The Hon’ble Supreme Court had
observed: · Every injured citizen brought for medical treatment should
instantaneously be given medical aid to preserve life and thereafter the
procedural criminal law should be allowed to operate in order to avoid
negligent death. There is no legal impediment for a medical professional
when he is called upon or requested to attend to an injured person needing
his medical assistance immediately. The effort to save the person should
be the top priority not only of the medical professional but even of the
police or any other citizen who happens to be connected with that matter
or who happens to notice such an incident or a
situation” · There are no provisions in the Indian Penal Code, Criminal
Procedure Code, Motor Vehicles Act, which prevents doctors from promptly
attending to serious injured persons and accident cases before arrival of
the police and their taking into cognizance of such cases, preparation of
F.I.R. and other formalities by
Police. [Para 6] · There can be no second opinion that preservation of human
life is of paramount importance. This is so on account of the fact
that once life is lost, the status quo ante cannot be restored, as
resurrection is beyond the capacity of
man. [Para
7] 2. Following the Supreme Court order in 1989, the Motor
Vehicles Act was amended in 1994, to make it mandatory on both the
driver/owner of the vehicle to take the accident victim to the nearest
doctor, and the doctor to treat the victim without waiting for any
formalities.
· The driver or the owner of a vehicle involved in any
accident that has caused injury or damage to any person is required to
secure medical aid for the injured person, by taking him to the nearest
doctor. · He shall report the matter to the nearest police station
within 24 hours, and · Also inform the insurance company about the occurrence of
the accident, namely, insurance policy number and period of its validity;
date, times and place of accident; particulars of the persons injured and
/ or killed in the accident’ and name of the driver and particulars of his
driving licence. Is the duty of the driver mandated by any
law? Yes, Section 134 of the Motor Vehicles (MV) Act, 1988 states
that the driver and / or the owner of the motor vehicle responsible for a
road accident is required to take all reasonable steps to secure medical
attention for the injured person by conveying him to the nearest medical
practitioner or hospital, unless it is not practicable to do so on account
of mob fury or any other reason beyond his
control. Is failure to comply with this action
punishable? Yes. Under Section 187 of MV Act 1988, whoever fails to
comply with the provisions of the clauses of Section 134, shall be
punishable with imprisonment for a term which may extend to 3 months, or
with fine which may extend to Rs. 500, or with both. If it is the second
time for the person concerned, then the penalty is harsher. The
imprisonment may extend to 6 months, or with fine, which may extend to
Rs.1000, or with both. Can a doctor/ hospital refuse medical care to emergency
cases? Every doctor whether at a Government hospital or otherwise
has the professional obligation to extend his services with due expertise
for protecting life. No law or State action can intervene to avoid / delay
the discharge of the paramount obligation cast upon members of the medical
profession. The obligation being total, absolute and paramount, laws of
procedure whether in statutes or otherwise which would interfere with the
discharge of this obligation cannot be sustained and must, therefore, give
way”.
[Para 8] Should the doctors / hospitals wait for the police to arrive or any legal formalities before attending to a road accident victim? No. “The treatment of the patient should not wait for the
arrival of the police or completion of legal formalities. All hospitals
and doctors are required to provide immediate medical aid to all the
cases, whether medico-legal or not “. [Para 3] GOVERNMENT OF INDIA DEPARTMENT OF ROAD TRANSPORT &
HIGHWAYS (ROAD SAFETY CELL) Transport Bhavan 1, Paliament Street, New Delhi
110001 No RT- 25028/2/2003-RSC Dated 19th February,
2004
To 1. The Principal
Secretary(Transport)/Secretary(Transport) of all
States/UT’s 2. Secretary, Home
(Transport), Government of Tamil Nadu,
Chennai. 3. Transport Commissioner
of all States Subject: Need to build confidence in public for helping road
accident victims. Sir, A copy of a Circular issued by the police authorities in
Delhi in this regard is enclosed for information. It is suggested
that action on similar lines may be considered by the States and
UTs. Yours faithfully,
-sd- ((ALOK RAWAT) Joint Secretary to the Government of
India, Tel No 23717294. Copy to: Director General of Police of all
States/U.Ts. Encls: As above. CIRCULAR
It has come to notice that on many occasions, the victims of
road side accidents remain unattended for a longer time without medical
aid or any help from the members of public till the arrival of police at
the spot. The members of the public though basically have got an
indifferent attitude in such situations, but due to the unnecessary
involvement in the accidental cases, they in turn hesitate to remove the
injured to the hospitals to which results in the loss of human life and
the image of the police fades in the eyes of the public.
2. Keeping in view the unnecessary loss of human life, it
becomes imperative to train our police personnel undergoing training in
various courses (induct ional and promotional) on the following
lines. The police personnel on duty either in police stations or in
the hospital should politely put the following questions to the person who
brings the injured to the hospital.
(i)
Where have you brought this
person? (ii)
Do you know anything about the case of the injury of the
person? (iii)
May I have your particulars? 3. It is likely that the person would answer the first
question, may not have an answer for the second and hesitate to reply the
third in which case it should not be insisted upon. The escorters
should, under no circumstances, be detained in the hospital for
interrogation. On the other hand, he should be treated with
courtesy. 4. At times the District Staff and the PCR vans also delay
the removal of the injured to the hospital on account of various
jurisdictional formalities or other duties regarding photographs
etc. Instructions, therefore, need to be re-iterated once again that
even a minor delay can mean a question of life or death for the
injured. Without waiting for the photographer etc. the injured has
to be removed to the hospital by the quickest means. Even in case of
fatal accidents the first effort should be to take the injured to the
hospital rather than declaring him dead on the spot by the PCR or the
District Staff. 5. It is emphasized that the members of the public, who
rendered voluntary help to persons injured in accidents, should not
unnecessarily be questioned and detained at police stations. It has
been observed that these orders are not being complied
with. 6. It is, therefore, once again emphasized upon all
concerned that people who bring accident victims to hospitals but treated
with utmost courtesy and should not be harassed in any way. Even if
they are unwilling to give their particulars, the same should not be
insisted upon. 7. The local police should pay the transportation expenses to the public man who brings the victims to the hospital his given address in accordance with Delhi Administration’s letter No. F.1/6/82-AC, dated 29.7.87, which empowers the Head of Office to reimburse the hire charges of vehicles up to Rs. 100/- in each case. This well help in acquiring public help to save the human life.
8. It is, therefore, impressed upon that the above said instructions may be included in the syllabi of all the courses run by Delhi Police.
9. This has approval of Commissioner of Police, Delhi.
Sd/- (Kartar Singh) Addl. Commissioner of Police (Trg.), Delhi
*Rana* 19/11/87
Dated, Delhi, the 20th of Nov.
1987. No. 16518-70/AP – III Copy to :- 1. All Addl. CsP in Delhi for
Information. 2. P.A. to C.P., Delhi for the
information of C.P. 3. The Principal, PTS, DCs P/4th & 7th Rns DAP/Delhi/New Delhi for including the above instructions in the syllabi of the courses run by their units. 4.
All DCsP/HQ (I) & (II) 5.
ACsP/HQ(P), (G) &
(C&T). 6. All Inspectors/Head Assistants in PHQ including HAC&T/PHQ |