Savelife Foundation vs Union of India

Case Summary: Savelife Foundation vs Union of India

Citation: (2016) 03 SC CK 0088 | (2016) 7 SCC 194

Case No: Writ Petition (C) No. 235 of 2012

Date of Decision: 30 March 2016

Bench: Hon'ble Mr. Justice V. Gopala Gowda & Hon'ble Mr. Justice Arun Mishra

[Judgment Source]

https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=1013942

Law Points Raised:

• Article 21 of the Constitution – Right to life includes right to timely medical care in road accidents.
• Article 32 – Petition filed as a Public Interest Litigation (PIL) to develop legal safeguards for Good Samaritans.
• Motor Vehicles Act, 1988 – Section 134 – Duties of drivers and medical practitioners to assist accident victims.
• International Precedents – Consideration of laws from UK, Ireland, Australia, Canada, and the USA offering legal immunity to Good Samaritans.
• CrPC Sections 284 & 296 – Relevance to procedural protection and deposition mechanisms.

Ratio Decidendi:

• The right to life (Article 21) encompasses the right to receive immediate medical care in the event of a road accident.
• The fear of legal repercussions deters bystanders from assisting accident victims.
• Legal and procedural protection for Good Samaritans is necessary to encourage bystander involvement during the critical "Golden Hour".
• Reference was made to multiple international statutes which protect individuals acting in good faith during emergencies.

Final Ruling:

• The Supreme Court allowed the petition.
• Directed the Union of India to frame guidelines that provide legal protection to Good Samaritans until suitable legislation is enacted.
• Emphasized that such persons should not be compelled to reveal personal details or face harassment.
• Declared that no civil or criminal liability shall arise against those who act in good faith to save lives.

Relevant Paragraph Highlights:

• Para 3: Importance of legal protection to encourage public intervention.
• Para 4: Comparative study of international Good Samaritan laws.
• Para 5: WHO statistics emphasizing the "Golden Hour" and the urgency of aid.
• Para 6: Central government’s communication to states and UTs encouraging policy-level changes.
• Para 7: Real-life issues such as fear, harassment, and ignorance discourage help from bystanders.

Conclusion:

This landmark judgment laid the foundation for protecting Good Samaritans in India by recognizing their pivotal role in saving lives and mandating legal protection to encourage timely intervention in road accident cases. The ruling was instrumental in prompting the formulation of the Good Samaritan Guidelines by the Ministry of Road Transport and Highways.

[Judgment Source]

https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=1013942