Need for Good Samaritan law

An alarming rise in the number of fatalities in road accidents has proved that Pakistan’s emergency services are neither as effective nor as capable of providing necessary services to the victims. Ambulances are few, and even when dispatched, they may not arrive on time. The existing medical facilities are inadequate, and the authorities have yet to earn the trust of the public. Every year thousands of people lose their lives in road accidents. In such circumstances, people are often left to deal with emergencies on their own.

Helping or assisting a stranger in an emergency should be a humanitarian, moral, and legal responsibility. But in reality, people often hesitate to intervene in such situations, possibly because of being held responsible for the incident. This might be a fear of being confronted by the law enforcement agencies or any other legal repercussions.

A person who helps others during any sort of emergency is a Good Samaritan. The term Good Samaritan has Biblical origin and it is referred to a person who provides help to strangers. According to the Bible, a member of the Samaritan helped a stranger (a Jew) who had been left naked after being plundered by robbers. A Jewish priest and a Levite both ignored the devastated stranger but it was a person from the Samaritan tribe who was kind enough to help the stranger despite the history of enmity between Jews and Samaritans.

Humanitarian values have been emphasised in all religions including Islam, and the Quranic verses highlight serving mankind as the highest virtue. A Good Samaritan is any responsible citizen who has compassion and empathy towards others and is always ready to help anybody in a difficult situation. We may see a glimpse of social cooperation and comprehension of societal challenges if an individual acquires an awareness of his or her moral obligation to others.

All over the world, the volunteers or bystanders who assist others during emergencies are protected under Good Samaritan laws. The Good Samaritan law protects a responder from being held liable for any wrongdoing if he or she has willingly assisted a person in an emergency. The goal is to prevent individuals from being hesitant to help a passerby in need out of any apprehension of legal ramifications.

For example, most provinces and jurisdictions provide some type of Good Samaritan immunity, which is provided if the respondent is acting in good faith and is not under the influence of any prohibited substance or alcohol. The Social Action, Responsibility and Heroism Act 2015 in the United Kingdom, enables the courts to make provisions when evaluating the culpability of a volunteer who may have violated a duty of reasonable care while intervening in an emergency. As a result, the Act applies to everyone who serves as a Good Samaritan. India also has an effective Good Samaritan law, according to which the names of the Good Samaritans are not disclosed and they are rewarded for taking road accidents victims to the hospital.

In some countries, citizens must help and rescue during any emergency. For example, according to French law, a person who fails to aid a victim in distress will be held liable in courts with both civil and criminal liability according to the circumstances. Under criminal jurisdiction, the punishment for this offence is confinement and a fine, however, under civil jurisdiction, the victims would be awarded monetary compensation. Under the German Criminal Code, failure to administer first aid to a victim is penalised. The law further stipulates that the person assisting could not be penalised, even the volunteer’s activities carried out in good faith cause any adverse effects, hence motivating everyone to help others even if the endeavour is not successful.

In Pakistan, emergency and medical services are the provincial subjects but no province has such law which provides legal cover to the Good Samaritans. The Punjab Emergency Services Act 2006 only protect medical and rescue workers. Therefore, there is a dire need to have an effective Good Samaritan law that provides legal protection to the Good Samaritans. Such laws would also create awareness and would encourage people to help others in an emergency.

Published in The Express Tribune, February 12^th, 2022.

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