Question : MEDICAL AID TO ROAD ACCIDENT VICTIMS

(a) whether there is any provision under Indian Penal Code, Code of Criminal Procedure and Motor Vehicle Act which prevents the doctor from attending to seriously injured persons and accident victims before arrival of police;

(b) if so, whether in order to bring down the death rate, the matter relating to sensitizing policemen and medical staff to provide medical aid immediately has been taken up by the Government/concerned authorities;

(c) if so, the details thereof;

(d) whether the Government has decided to give wide publicity at hospitals and police stations to provide immediate medical aid to the road accident victims; and

(e) if so, the details thereof and the steps taken by the Government in this regard?

THE MINISTER OF STATE IN THE MINISTRY OF ROAD TRANSPORT & HIGHWAYS (DR. TUSHAR A. CHAUDHARY)

(a) The Hon’ble Supreme Court in one of their judgments had clearly stated that there are no provision in the Indian Penal Code, Criminal Procedure Code, Motor Vehicles Act, which prevents doctors from promptly attending to seriously injured persons and accident cases before arrival of police. Hon’ble Supreme Court has also stated that every injured citizen brought to the Hospital for medical treatment should instantaneously be given medical aid. The Motor Vehicle Act was further amended to this effect in 1994, to make it mandatory that the doctors would treat the accident victims without waiting for any formalities. A detailed circular containing all these provisions of SC order was issued by this Ministry to all the states and Union Territories on 9th September, 2004.

(b) to (e) The Ministry of Road Transport and Highways has written a letter on 7th May 2010 to Ministry of Health and Family welfare highlighting the Hon’ble Supreme Court’s order in this regard and requesting them to direct all the hospitals and doctors to attend the accident victim during the golden hour without waiting for any formalities and without any apprehension of police for being involved in these medico legal cases. Similarly, Ministry of Home affairs has also been requested to give the training to entire police force so as to handle the accident victims with compassion and utmost urgency. In addition, the Ministry has taken steps to spread public awareness about this issue through release of advertisements in electronic media and distribution of posters etc.