Dr.

Ram Manohar Lohiya National

Law University, Lucknow

B.A.LL.B(Hons.), Semester I, Session

2015-16
Subject: Basics of Case Law and Legislation
Topic: Good Samaritan Laws

SUBMITTED TO:
SUBMITTED BY:
Mr. Shashank Shekhar
Monisha Purwar

Assistant Professor
Roll no. 85

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Basics of Case Law and Legislation
Semester I

Dr. RMLNLU
B.A. L.L.B. (Hons)

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 DECLARATION
This piece of work is original and I have not submitted it to anyone ,any seminar whatsoever.

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 ACKNOWLEDGEMENT
Firstly, I would like to thank my Basics of Case Law and Legislations Teacher, Mr. Shashank
Shekhar and Prof. C.M. Jariwala for having provided me with the inspiration and guidance for
this project. Without their help this project wouldnt have been possible. I would also wish to
thank our Vice-Chancellor who constantly exhorts us to deliver our best at every level. I would
also express my gratitude towards my seniors who were a source of constant support and
inspiration. Lastly, yet equally importantly, I am grateful to my family and my friends for
supporting me all the way through the making of this project.

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 CONTENTS
DECLARATION........................................................................................................ 2
ACKNOWLEDGEMENT............................................................................................. 3
INTRODUCTION....................................................................................................... 5
WHY INDIA NEEDS A GOOD SAMARITAN LAW ?.........................................................6
GOOD SAMARITAN LAWS......................................................................................... 7
DIFFERENCE BETWEEN GOOD SAMARITAN LAWS AND DUTY TO RESCUE..................8
OVERVIEW OF GOOD SAMARITAN LAWS IN CHINA....................................................9
DEFINITION OF A GOOD SAMARITAN......................................................................11
IMPORTANCE OF GOOD SAMARITAN LAWS.............................................................12
1. Because in India Accidents Mean Mere Spectacles................................................12
2. Because When Walking Down the Streets, Were Turn Mute...................................12
3. Because its High Time to Change the Legal Procedures Too...................................12
4. Because a Good Samaritan Law Works...............................................................13
5. Because Every Accident/Harassment Victim Deserves to be Heard and to Live...........13
GUIDELINES ISSUED BY THE SUPREME COURT TO PROTECT GOOD SAMARITANS....14
DEBATE OVER THE ENACTMENT OF GOOD SAMARITAN LAWS.................................16
THE IDEAL MODEL................................................................................................ 17
CONCLUSION........................................................................................................ 18
BIBLIOGRAPHY..................................................................................................... 19

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 STATEMENT OF PROBLEM
In this project, an overview of what a Good Samaritan is, the legal implications of
a Good Samaritan Law and the status of Good Samaritan Laws in India is
discussed. Also ,the government initiatives and the steps taken by public welfare
NGOs in this direction is discussed. Finally the benefits of enacting a strong Good
Samaritan Law and the models adopted by other countries is discussed.

OBJECTIVE OF RESEARCH
The objective of the project is to analyse the importance of a strong Good
Samaritan Law in Indian context and to analyse its benefits.

HYPOTHESIS

The Law Commission of India states that 50% of those who die on Indian roads can be saved
if they receive timely medical attention including assistance from bystanders and passers-by.
An astounding 70,000 lives can be saved every year.

But in India, most bystanders and passers-by choose to remain mute spectators due to
prolonged legal hassles and severe inconvenience and intimidation at the hands of the legal
system. Even medical professionals are not spared of such legal hassles and intimidation.

Even the Supreme Court of India has stated that, Good Samaritans who come forward to
help must be treated with respect and be assured that they will have to face no hassle.

Countries all around the world have Good Samaritan Laws.My hypothesis is that India
urgently needs one.The absence of a proper law is causing huge economic,moral and social
loss to the country and the same will be studied in this project.

RESEARCH METHODOLOGY
The method used for research purposes is entirely doctrinal. The data has been
gathered by referring through various books, newspaper reports and articles on
the given subject. Analysis of that particular data has been done by breaking the
data into different sections and then drawing out conclusions from those

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different sections. Sources include newspaper reports, web journals and books by
reputed authors.

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 INTRODUCTION
A Good Samaritan in legal terms refers to someone who renders aid in an emergency to an
injured person on a voluntary basis.The intent of Good Samaritan laws is to make it possible
for those wary of lawsuits to help save a person without fear of legal recourse if the person is
hurt by the treatment or dies.

There is no law in effect to protect the Good Samaritans in India.The basic aim of my project
is to address the issue of the enactment of the Good Samaritan Laws in India.

Let us take for granted that persons ought to provide easy rescues and other acts of aid for
persons in grave peril when they can do so at minimal risk, cost, and inconvenience to
themselves. The question that needs to be answered is whether this moral obligation ought to
be enforced by the criminal law or any other law(civil). In other words, should we follow the
lead of a number of European countries and enact good samaritan laws? In order to give a
positive answer to this question, proponents of good samaritan laws must overcome at least
three sorts of obstacles.

First, they must show the laws are morally legitimate in principle, that is, that the duty to aid
others is a proper candidate for legal enforcement.

Second, they must show that this duty to aid can be defined in a way that can be fairly
enforced by the courts.

Third, they must show that the benefits of the laws are worth their
problems, risks and costs.

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 WHY INDIA NEEDS A GOOD SAMARITAN LAW ?
India has the highest number of road accidents deaths in the world almost 140,000 in 2012
alone. On average, 15 people die and 60 are seriously injured every hour in road accidents in
India. 80% of road accident victims in India do not receive any emergency medical care
within the critical first hour after an accident1 . According to the Law Commission of India,
50% of fatalities could be averted if victims receive timely medical attention. This translates
to 70,000 lives that could be saved.

While Police first-responders in most states are untrained to provide any medical aid,
bystanders and passers-by choose to remain spectators for fear of getting involved in
prolonged legal procedures. With emergency medical services missing or inadequate in most
parts of the country, Police and bystanders can play a life-saving role for victims if trained
and empowered to do so. Road accident deaths and disabilities resulting from accidents could
be drastically reduced if proper care is provided to the victim at the critical Golden Hour,
during which there is the highest likelihood that prompt medical treatment will prevent death.
Bystanders and Good Samaritans are therefore vitally important in preventing disability and
death. In July 2013, a national study titled: Impediments to Bystander Care in India
conducted by SaveLIFE Foundation and TNS India 1 Study by the Indian Journal of Surgery
2006 Good Samaritan Laws A comparative study of laws that protect first responders who
assist accident victims 2 Pvt Ltd revealed that 74% of bystanders are unlikely to assist
victims of road accidents. 88% of those bystanders gave the following reasons for their
reluctance: legal hassles, including repeated police questioning and multiple court
appearances. 77% of the respondents cited detention at hospitals and having to pay hospital
registration fees and other charges as reasons not to help. Nearly 90% of the respondents
suggested that a Good Samaritan Law should be introduced in India to provide a legal
framework to encourage bystanders to assist victims without fear of negative repercussions.

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 GOOD SAMARITAN LAWS
Good Samaritan laws protect persons who choose to assist others who are injured. Such laws
have historically been intended to reduce the hesitation of bystanders to assist an injured
party, for fear of being sued or prosecuted for unintentional injury or wrongful death. The
research provides an overview of Good Samaritan laws in England and Wales, France, the
Peoples Republic of China and the United States. Certain jurisdictions (e.g. the state of
Vermont and France) impose an affirmative obligation on a person to provide assistance to an
injured party, if such person can do so without danger or peril to any person. The majority of
U.S. jurisdictions, as well as England and Wales and the Peoples Republic of China, do not
impose an affirmative obligation as part of the Good Samaritan statutes. Rather, such
jurisdictions provide civil and/or criminal liability protection for any person that provides
assistance to an injured party, provided that the requisite statutory requirements are met.
While Good Samaritan laws vary by jurisdiction, such laws commonly specify the class of
persons to whom the statute applies and contain three basic requirements:

(i) the rendering of emergency care;

(ii) (ii) in good faith; and
(iii) (iii) gratuitously.

With respect to the class of persons covered, Good Samaritan laws commonly distinguish
between medical and/or non-medical personnel and subject each group to different
standards. Certain Good Samaritan laws provide clarification of the physical or temporal
scope of rendering emergency care (i.e. that the care should be at the scene of the accident
or at the hospital), so as to provide some limitation on when immunity is available. The
standard of care for persons who choose to provide assistance to an injured party may
vary by jurisdiction (i.e. gross negligence, willful and wanton conduct). While there is
some variation by jurisdiction, the standard of care is arguably lenient in accordance with
the philanthropic purpose of Good Samaritan laws. The gratuitous requirement may be
modified and/or interpreted differently in statutes that apply to medical personnel in the
performance of their duties.

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DIFFERENCE BETWEEN GOOD SAMARITAN LAWS AND DUTY TO RESCUE

Good Samaritan laws provide protection to those who voluntarily help another person who
may be in peril. These laws generally encourage bystanders to offer assistance to others and
reduce their hesitation to act for fear of being sued should they fail. Good Samaritan laws
provide limited immunity from being sued in specific circumstances. In many instances it
applies only where help is being provided without the intention of reward or financial
compensation whereas A duty to rescue is a concept in tort law that arises in a number of
cases, describing a circumstance in which a party can be held liable for failing to come to the
rescue of another party in peril. In common law systems, it is rarely formalized in statutes
which would bring the penalty of law down upon those who fail to rescue. This does not
necessarily obviate a moral duty to rescue: though law is binding and carries government-
authorized sanctions, there are also separate ethical arguments for a duty to rescue that may
prevail even where law does not punish failure to rescue.

Here, in this project, only the fact that India should enact good Samaritan laws has been
advocated.

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 OVERVIEW OF GOOD SAMARITAN LAWS IN CHINA
JURISDICTION GENERAL THEME OF NOTES
STATUTE
Shenzhen Special Economic Promulgated on July This recently-adopted statute
Zone, Guangdong Province 22, 2013 and applies only to the Shenzhen
effective on August 1, Special Economic Zone in
Good Samaritans Rights 2013. Guangdong Province.
Protection Regulation of the Applies only
to However, it sets a good

Shenzhen Special Economic rescuers who have no example for other cities.
Zone (Chinese: Shenzhen legal or contractual
Jingji Tequ Jiuzhuren Quanyi obligation to provide
Baohu Guiding)70 assistance to the
victim
The victims will bear
the burden of proof if
they wish to claim
that the rescuers
injured them.
The rescuer will be
exempt from legal
liability for
unintentional injury
or death unless gross
negligence is proved.
A Good Samaritan
dies or is injured
while helping will
receive compensation
from the government.
A person who has
received help but
makes false claims
against the Good
Samaritan will face

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 administrative
punishment, and civil
or even criminal
charges.
Good Samaritans can
seek the help of legal
aid organizations if
they face the threat of
lawsuits.
An eyewitness who
provides effective
evidence of the Good
Samaritans act will
be awarded by the
government.

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 DEFINITION OF A GOOD SAMARITAN
The word Samaritan used to refer to people who were considered to be of a low class by
the Jews since they had intermarried with non-Jews and did not keep all the law. But the
parable of the Good Samaritan tells the story of a man traveling from Jerusalem to Jericho,
and while on the way he is robbed of everything he had, including his clothing, and is beaten
to within an inch of his life. That road was treacherously winding and was a favorite hideout
of robbers and thieves. The next character Jesus introduces into His story is a priest. He
spends no time describing the priest and only tells of how he showed no love or compassion
for the man by failing to help him and passing on the other side of the road so as not to get
involved. If there was anyone who would have known Gods law of love, it would have been
the priest. By nature of his position, he was to be a person of compassion, desiring to help
others. Unfortunately, love was not a word for him that required action on the behalf of
someone else. The next person to pass by in the Parable of the Good Samaritan is a Levite,
and he does exactly what the priest did: he passes by without showing any compassion.
Again, he would have known the law, but he also failed to show the injured man compassion.

The next person to come by is the Samaritan, We do not know if the injured man was a Jew
or Gentile, but it made no difference to the Samaritan; he did not consider the mans race or
religion. The Good Samaritan saw only a person in dire need of assistance, and assist him
he did, above and beyond the minimum required. He dresses the mans wounds with wine (to
disinfect) and oil (to sooth the pain). He puts the man on his animal and takes him to an inn
for a time of healing and pays the innkeeper with his own money. He then goes beyond
common decency and tells the innkeeper to take good care of the man, and he would pay for
any extra expenses on his return trip. The Samaritan saw his neighbor as anyone who was in
need.

Because the good man was a Samaritan, Jesus is drawing a strong contrast between those
who knew the law and those who actually followed the law in their lifestyle and conduct.

Now here the first obstacle of the Good Samaritan Laws being morally legitimate
strengthens as the whole idea of helping a stranger to come out of troubles is backed by
the Bible.

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 IMPORTANCE OF GOOD SAMARITAN LAWS
After the Nirbhaya Rape Case and many other cases, you all must agree that what India
needs at this point of time is a Good Samaritan law. But if youre still like our honorable
politicians, looking for some reasons for the same, read on this list

1. Because in India Accidents Mean Mere Spectacles

Do you know how many road accidents occur on a daily basis? Well, thats simply
uncountable. But, strangely, every time some accident takes place, according to
estimation by a leading daily newspaper, around 88% by-passers simply remain standing
passively, as if watching some street spectacle. When asked about such silly behavior,
they would inevitably say that they do not wish to be entangled into any legal procedure.
Well, at a time when you find most of your brothers and sisters (remember the
school pledge: India is my country and all Indians are my brothers and sisters?)
willingly/unwillingly hesitate you help you, dont you think you need a change in the
System itself?

2. Because When Walking Down the Streets, Were Turn Mute

What do you do when you see a person simply harassing a girl right at the bus stop? No,
you dont say a word. After all, its their matter, let them solve. Why waste your own day
because of someone you havent even seen in your life? And, what if, the guilty belongs
to a big gang and, in turn, takes your lesson? This is what we all inevitably think when
we face a similar episode. If we choose to remain all deaf and dumb, then dont you
think we need a Good Samaritan law? After all, if it can help people save themselves in
the streets, well, then why not?

3. Because its High Time to Change the Legal Procedures Too

Well, it would be wrong if we only make the civilians responsible for everything. The
legal processes after the accidents are too complicated, and the police inevitably
questions (or, should we say, harasses) the person who has helped the victim, simply
overlooking the fact that that person too may be undergoing a trauma. Instead of
questioning and harassing, dont you think a dose of appreciation and a genuine thank

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you could make things a lot easierboth for the police and the person? Food for some
thought, eh?

4. Because a Good Samaritan Law Works

In many 1 st world countries, including France and Germany, you have got laws which
make it mandatory for the onlookers to help the accident victims. If they fail to do so, or
try to evade the situations, they are even criminally punished. In fact, the French
Government makes the onlooker responsible if proper care couldnt be taken of the
victim due to any late medical attention. Now, perhaps you know the reason why India is
facing such criminal offences? Dont you think, since were adamant on not changing
ourselves, a Good Samaritan Law is indeed a necessity?

5. Because Every Accident/Harassment Victim Deserves to be Heard and to

Live

Somewhere in thinking about the reasons which forced the accident and thinking about
the repercussions on you for taking the victim to the hospital, there lies a lifea life that
could be saved if taken proper care of without any delay. So, since were nowhere
interested in someone elses life or care about anything else other than our own selfish
ends, its far better to have a Good Samaritan Law take care of it in its own sweet way.
What do you think?

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 GUIDELINES ISSUED BY THE SUPREME COURT TO PROTECT GOOD
SAMARITANS

With a view to protecting the Good Samaritans who come forward to save the life of road
accident victims, the union government has issued guidelines to hospitals, police and other
authorities.

The 15-point guidelines have been issued by the Ministry of Road Transport and Highways,
as per a Supreme Court directive.

According to the guidelines, the Good Samaritan shall be suitably rewarded by the authorities
to encourage other citizens to volunteer themselves in helping accident victims.

They should be allowed to leave the hospital immediately after admitting the victim. Except
for his or her address, no other details should be asked from the Good Samaritan who shall
not be liable for any civil and criminal liabilities.

Police or emergency service personnel should not insist on getting details of the good
Samaritan when he informs about the accident over phone.

Disclosure of personal information, such as names and contact details of the Good Samaritan,
shall be made voluntary and optional, including the Medico Legal Case (MLC) form
provided by the hospitals.

In case of intimidation of a Good Samaritan, appropriate departmental action would be

initiated against the official concerned. If the Good Samaritan happened to be an eye witness
to the accident, he/she should be examined only on a single occasion, if need be, he/she could
be examined through video conferencing to prevent harassment and inconvenience.

The Ministry of Health and Family Welfare should issue guidelines to all registered public
and private hospitals not to detain Good Samaritans or demand any payment if he/she was not
a relative of the victim.

Lack of response by a doctor in an emergency situation shall be construed as Professional

Misconduct under Chapter 7 of the Indian Medical Council (Professional Conduct, Etiquette

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and Ethics) Regulation, 2002, and disciplinary action taken against such a doctor under
Chapter 8 of the regulation.

All hospitals shall publish the guidelines in Hindi, English and the local language at the
entrance. If the Good Samaritan insisted, the hospitals should issue acknowledge the
admission of the accident victim.

Non-compliance of these guidelines by private and public hospitals would invite action.

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 DEBATE OVER THE ENACTMENT OF GOOD SAMARITAN LAWS
The debate over imposing an affirmative duty to act goes on. Both sides have presented
lengthy and persuasive legal and social arguments, but the public currently seems to be
supporting the enactment of good samaritan statutes. One of the strongest sentiments
expressed by proponents of good samaritan laws is that such laws will provide needed
retribution against egregious violators of the law.Another point argued by supporters is that
our legal system consistently reflects accepted morality, and, despite the fact that most laws
prohibit certain acts, good samaritan laws are simply a reflection of our own morality, but
happen to require us to act in certain ways when confronted with limited circumstances. But
the most distressing argument is that, while our own morality dictates that we should help
others in need, people simply do not do so; therefore, we must legislate to educate and remind
people of our societal and moral obligations to each other. It is this goal that most supporters
of good samaritan laws hope to achieve.

Opponents of these laws often argue that they will lead to vigilantism, restrict personal liberty
by dictating what action we must take in emergency situations, thereby limiting the choices
we make, or that the statutes will be selectively enforced. What the opponents fail to consider,
however, is the benefit to be gained by society through such laws. They also fail to consider
other laws that also restrict our individual choices, such as property rights, trespassing laws,
and blue laws that prohibit purchasing alcohol at certain times or on certain days.

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 THE IDEAL MODEL
The ideal good samaritan law should be as clear, specific, and detailed as possible to ensure
its use. In order to develop an adequate statute, one should look to the American and
European examples, incorporating the important elements of each to draw a statute that best
serves Indian interests and needs, and that serves the purposes of good samaritan laws. The
good samaritan should definitely be absolved of civil liability for any harm inflicted while
engaging in reasonable efforts to help or assist a victim. Additionally, good samaritans
acting in good faith should be reimbursed for any injuries or damages incurred while
providing assistance efforts. Ideally, a state fund should be established to cover these costs.
The ideal statute should include a reporting requirement. This requirement must be construed
especially narrowly. It must be clear that mandatory reporting does not override
confidentiality considerations when privileges exist at law. Finally, to obtain the results
desired by the public that advocates in favor of good samaritan laws, the ideal statute
should include penalties that are in accord with the mens rea and the level of participation in
infliction of the injury.

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 CONCLUSION
The arguments against adopting good samaritan laws are weak, and even the stronger
points are easy to circumvent. A narrowly constructed law will hold accountable those who
fail to render assistance when it would cost nothing for them to do so. The fact that few
people will be prosecuted for violating these laws does not alone provide a valid reason
against adopting duty to act laws, as many laws currently in place go unenforced except for
the most egregious cases. Drunk driving, seat belt, and perjury laws are just a few examples
of statutes that raise awareness but provide few convictions. Imposing an obligation to act
does little to restrict the freedom of individuals, but rather encourages active participation in
our society. Those individuals who have no morality and do not wish to participate in society
are the ones who will be most likely to violate duty to act laws, and those individuals should
be penalized. Too many cases of onlooker apathy demonstrate that this country needs to enact
good samaritan statutes to encourage and remind people to do what they ought to feel
obligated to do. Few can argue that it is immoral to help another, therefore, legislators should
ensure that our laws accurately reflect our morality. And if just one victim benefits from a
good samaritan law, then it can be nothing but a good idea.

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 BIBLIOGRAPHY
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good-samaritans/article7312040.ece

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http://savelifefoundation.org/wp-
content/themes/savelife/Documents/Comparison%20study%20of%20Good
%20Samaritan%20Laws.pdf

5 reasons India needsw a really good samaritan law. (n.d.). Retrieved October 7,
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Besser, A. C., & Kaplan, K. J. (1993-1994). The Good Samaritan: Jewish and
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Dagan, H. (1999). In Defense of the Good Samaritan. Michigan Law Review, Vol.
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Diers, D., Maher, L., Ritscher, L. B., Darmento, J. R., Levine, M. E., Reed, P., et al.
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http://www.makrofoundation.org/rasta/index.php/first-aid

hayden.pdf. (n.d.). Retrieved October 7, 2015, from www.nesl.edu.

Kleinig, J. (1976). Good Samaritanism. Philosophy & Public Affairs, Vol. 5, No. 4 ,
382-407.

Linden, A. M. (1971). Rescuers and Good Samaritans. The Modern Law Review,
Vol. 34, No. 3, 241-259.

Malm, H. M. (1995). Liberalism, Bad Samaritan Law, and Legal Paternalism.

Ethics, Vol. 106, No. 1, 4-31.

Malm, H. M. (2000). Bad Samaritan Laws: Harm, Help, or Hype? Law and
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National statistics of road traffic accidents in India. (n.d.). Retrieved October 7,

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www.technicaljournalsonline.com. (n.d.). Retrieved October 7, 2015, from
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