Research shows that a number of
accident victims can be saved, if they receive immediate medical attention.
However fear of harassment at the hand of the Police deter people to come
forward to attend them.
The Hon’ble Supreme Court in the
landmark case of “Pt. Parmanand Katara vs. Union of India” [AIR 1989 SC 2039]
cleared the confusion and stressed that the victims of road crashes need to be
provided medical aid in the first instance and thereafter the procedural law
could operate.
The Hon’ble Supreme Court held
that:
(1) Article 21
of the Constitution casts the obligation on the State to preserve life.
(2) There can
be no second opinion that preservation of human life is of paramount
importance. That 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.
(3) The
patient whether he be an innocent person or a criminal liable to punishment
under the laws of the society, it is the obligation of those who are in-charge
of the health of the community to preserve life so that the innocent may be
protected and the guilty may be punished. Social laws do not contemplate death
by negligence to tantamount to legal punishment.
(4) Every
doctor whether at a Government hospital or otherwise has the professional
obligation to extend his services with due expertise for protecting life.
(5) 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 statute or
otherwise which would interfere with the discharge of this obligation cannot be
sustained and must, therefore, give way.
[The Supreme Court reiterated its
views in Paschim Banga Khet Mazdoor Samithi v. State of West Bengal, 1996 (4)
SCC 37]