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My Notes 10-Feb-2017 10-02-2017

Dear Students:

Please Follow My Notes and My Video 10-Feb-2017

Good Samaritan law

Law commission report 2015 – 50% of accident victims would have survived had they got the medical treatment with in an hour. An help is necessary from a bystander in the golden hour to take an accident victim to hospital. A major impediment to this is the fear among bystanders that they will unnecessarily get in to police investigation or subjected to harassment due to the legal procedures.


Time line – It is just to understand and need not be remembered.

  1. October, 2014 - SC of India has directed Centre to frame guidelines to protect good  Samaritans.
  2. May 2015 - Union road transport ministry notified the guidelines.
  3. January 2016 – standard operating procedure to make the above guidelines work were issued.
  4. On March 30, 2016, the Supreme Court of India gave "force of law" to the guidelines for the protection of Good Samaritans issued by the Ministry of Road Transport and Highways.


Protections to Good Samaritans – source – save life foundation


At police level

  • A Good Samaritan will not be liable for any civil or criminal action for any injury or death of the victim
  • Good Samaritan who informs police or emergency service regarding an injured person not to be compelled to reveal his personal details
  • Disciplinary action against public officials who coerce Good Samaritan to reveal his personal details

At Hospital

  • Good Samaritan not to be forced to reveal his/her personal details: Disclosure of personal information including for the Medico Legal Case (MLC) Form to be made optional and voluntary
  • Good Samaritans not to be forced to bear the initial cost of treatment: Ministry of Health and Family Welfare (MoHFW) to issue guidelines that no public or private hospital can demand payment for registration and admissions costs from the Good Samaritans
  • Hospitals cannot refuse treatment to a victim: Lack of response by a doctor in an emergency situation to be considered as a “Professional Misconduct” and disciplinary action shall be taken against such a doctor (as per Indian Medical Council Regulations, 2002)


  • The Good Samaritan can choose to be an eyewitness and cannot be compelled
  • Eye witness to be examined in a single occasion
  • Examination of an eye witness to be either through:
  • Section 284 CrPC: Allows examination of a witness through a commission
  • Section 296 CrPC: Allows evidence to be given through an affidavit
  • Video conferencing may be used for examination of a Good Samaritan

What has to be done now?

  1. Spread the word : legal education and perception change shall be worked on. A part from confidence to good Samaritans, an initiative of people need to be encouraged.
  2. Change the police: Any  law  that  attempts  to  change people’s  perception  of  a  state  agency  demands  a  parallel  change  in  the  behaviour  of the  agency  itself. 

Art 371A ; Bowing down to  patriarchy

Already worked out and detailed notes is provided

Conclusion  : Denial  of  women’s  rights cannot  be  a  measure  of  the  State’s  autonomy.


TPP - TPP is  dead,  but  its  legacy  lives  on

Terms to be noted

  1. Data Exclusivity
  2. Ever greening of patents
  3. Biologics

TPP has toughest provisions to protect IPRs related to Pharmaceuticals. These include

  1. Extending patents for more than 20 Years.
  2. Data exclusivity for clinical trails conducted in the process of drug development. It mean that a generic drug developer has to conduct the trials a fresh to manufacture the drug and to prove its efficacy. It kills Market access to generics and a way out for cheaper drugs.

The same provisions are being included in RCEP at the insistence of Japan and South Korea. It can harm the public health in India. USA is also trying to push the same through bilateral agreements. India and developing countries shall be cautious. It increases the corporate control over medicines.

An eyewash  or  a  turning  point?

House arrest of hafiz Sayeed by Pakistan is a tactical move to face international pressure and it is not of much helpful for India’s fight against terrorism.


  1. House of Commons passes Brexit bill
  2. Trump questions Judiciary on the issue of Immigrants ban. 


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