<div>The case shows that the prevailing legal and regulatory framework is not only ineffective as it fails to provide timely medical assistance to accident victims but also demonstrates that a regulatory framework with a statutory basis which has the teeth to ensure effective implementation of road safety norms and to provide medical and legal assistance to road accident victims is the need of the hour.<br /><br />Road accidents, besides involving high human sufferings, also impose a huge social health and economic cost on the society. The ramifications of road accidents are felt not only at an individual level but also on the economy as a whole. <br /><br />It is understood that in 2011, persons killed in road accidents were estimated to be 142,492 out of which 12,867 (9 per cent) were pedestrians. The Working Group on Road Accidents, Injury Prevention and Control, set up by the Planning Commission in 2000, assessed the social cost of road accidents in India at Rs 55,000 crore, which constituted about 3 per cent of the GDP of the country in 1999-2000. Estimates peg the loss caused by road accidents at 3 per cent of the GDP. These statistics present a rather harrowing picture of the state of affairs. Yet, the sad truth is that these regularly occurring road accidents attract less media attention than other less frequent but more unusual types of tragedies.<br /><br />It is not unusual that in road accidents or other accidents, little or no help is forthcoming from doctors, the police, the administration and other stakeholders in the civil society — as the case of Sabari and Raghav shows. This is despite several judicial pronouncements (since 1989) calling for providing timely relief and assistance to the injured (evident in Alok’s conduct and advice). <br /><br />It has been more than two decades since the apex court of the country held that preserving human life is a fundamental right under the Constitution and that doctors should be aware of the same. However, we are yet to see this translate into the provision of immediate medical and other assistance to the injured. The apex court (in 1996) reiterated that medical treatment cannot be denied in situations of emergency. <br /><br />In a more recent judgement of April 2014, the Supreme Court directed the governments to focus on the following four points or the 4 Es: <br /><br />Enforcement: States should effectively implement and enforce provisions of the Motor Vehicles Act.<br />Engineering: Central and state governments must make road safety an integral part of road design and conduct regular road safety audits.<br />Education: Governments to take measures to create awareness about road safety. <br />Emergency: Governments to ensure that human life is not lost in road accidents owing to reasons such as lack of good Samaritans (as reflected in the statements made by the bystander); spats between police stations and administrative authorities; delay in moving victims to a hospital; poor infrastructure in hospitals or health centres or insistence on depositing large sums of money (the doctor’s conduct). <br /><br />Day after day, in numerous accidents (some major, others minor) timely intervention and medical assistance is usually not available, and this is coupled with major administrative issues. While the most recent judgement of the Supreme Court is a welcome measure, it is also true that there is a pressing need to overhaul the regime and create a wide regulatory framework that is not only robust but can be effectively enforced. A single statutory agency should be tasked with administering and regulating issues relating to road safety and timely assistance to the injured. Such an agency should be equipped with adequate resources and be made publicly accountable.<br /><br />Also, appropriate safety targets should be periodically set and national safety plans may be formulated to achieve these targets. The creation of safety advocacy groups should be actively supported. As befitting its complex nature, there should be a multi-disciplinary approach to road safety. In the ultimate analysis, a regulatory framework with a statutory basis which has the teeth to ensure effective implementation of road safety norms is the need of the hour. <br /><em><br />The writer is a partner of J. Sagar Associates(JSA), Advocates & Solicitors</em><br /><br />(This story was published in BW | Businessworld Issue Dated 08-09-2014)</div>
