Posted in Utility

My Hotel Had Bed Bugs – Can I Sue For Personal Injury?

Hotels make their money based on reputation, and hygienic conditions are essential to building that reputation. We expect to be clean and comfortable where we sleep, especially when paying an establishment which provides that specific service. Suffice it to say, we don’t always get what we pay for. If you stayed at a hotel and experienced conditions that weren’t on par with your expectations, then the business itself might be liable. If you were bitten by bed bugs, then you might be able to sue for personal injury.

As you might expect, any lawsuit involving personal injury is laid upon a foundation that requires as much evidence as possible. If you experienced an unclean or unsafe environment, then there are steps you need to take to ensure you have the best case possible when it comes time to file your suit. Failure to take these steps might result in a reduction of potential recovery or a dismissal or your lawsuit.

In order to win this kind of personal injury lawsuit, you must prove the hotel’s negligence. You must also provide proof of the damages that were incurred. This isn’t always an easy task, especially since no one exactly plans to incur those damages. The hotel almost certainly won’t make it any easier. That’s why you should always photograph your hotel room whenever you stay. If something happens during your visit, you’ll be more easily covered.

Know What to Look for!

First thing’s first. You need to be certain that you file your lawsuit for the right reasons. If you know what to look for, bed bugs can be seen by the naked eye. After feeding, they grow substantially and turn red just like mosquitoes. Take a picture of a red bed bug while still in your hotel room, and you’ll be well on your way to proving a hotel’s negligence.

Know what a bed bug bite looks like. People can react differently to bed bug bites, and so it’s important to seek medical attention. Medical records can provide the requisite proof in such a personal injury case. Allergic reactions to bedbug bites are rare, but the resulting landscape of your skin can be quite unseemly.

Still, research indicates that the vast majority of people, between 30 and 60 percent, experience no visible reaction at all. Since you’re reading up on bed bug personal injury, let’s assume you fall outside of this spectrum. If this is the case, you most likely came down with a nasty rash after being bitten by more than one of the tiny insects.

If left alone, redness and swelling usually dissipate within a week or so. As with any rash, scratching can increase the longevity of any discomfort. The injury might be compounded if you were bitten on more than one occasion. When you’ve been bitten previously, the length of time it takes to react to the most current bite can be drastically reduced in much the same way as you’d expect from multiple poison oak exposures. In such cases, you might note blister-like pustules.

Whatever you do, take a picture of the affected area. DO NOT treat until you have a photograph! If you already treated the bites, your chances of a successful lawsuit will be substantially reduced.

Document and Record Everything

Most hotels provide more than one option for billing. Whatever you do, make sure you keep a copy of the bill. It’s important to know exactly how much you spent on the room, and for how long. Did you stay more than one night? If the answer is yes, were you bitten on more than one night? Be prepared to answer these questions if you go to court.

If you’ve been bitten by bed bugs and require medical attention, be sure to keep records of damages. In addition to the cost of the room, you’ll be able to seek reparation for any medical expenses. If you took pictures of the initial exposure, great. But be sure to continue to document your road to recovery. How long it took you to get better can influence the decision of the court to fall in your favor–especially if it took longer than the average recovery period of one week.

The Bottom Line

Okay, that’s all well and good, but how much can you expect to recover from a bed bug personal injury lawsuit? Well, that all depends. Can you prove the negligence of the hotel? Can you prove damages? How many bites did you incur? Was this a typical bite and reaction, or was it a prolonged exposure with prolonged medical consequences? Was there an accompanying infection or infestation because of the exposure? Were there extensive medical bills incurred? Was there a psychological component to your injury?

Don’t attempt to contact a hotel in order to recover damages on your own. Always seek the help of an experienced personal injury lawyer that has a history of successful premise liability cases. Failure to follow these simple steps might lead you to mistakenly help provide the hotel with information it could use to deny your entitlement to compensation.

If you’re lucky, the hotel will settle the lawsuit outside of court and you’ll avoid a substantial headache on top of the emotional distress you’ve already endured. If not, then evidence is your best friend. Photograph the room, photograph the bugs, photograph your reaction to the bites, photograph your recovery, and retain all of your bills. The more evidence of negligence or damages, the better your chance of getting the compensation you deserve.



ABOUT THE AUTHOR

jaros-2

ABRAHAM JAROS

Abraham Jaros is the co-partner and founder of Jaroslawicz&Jaros PLLC, a law firm based in New York. During his career as a personal injury lawyer he has tried hundreds of cases and won numerous multi-million dollar verdicts on behalf of his clients. When not in the court room he can be found writing to help inspire future lawyers everywhere.

Posted in Criminal Law, Cyber Law, Utility

Online sexual harassment

In India, irrespective of whether we live in the urban or the rural area, one of the things that remains a constant is misogyny. We face misogyny from our births till the end of our lives, right from female infanticide to child marriages and dowry deaths; from sexual harassment at workplace to marital rape and eve teasing; and from eve-teasing to acid-throwing and rape, women are at the receiving end of each ill-treatment. And as offended as we are with what happens in the offline/tangible world, this blog post is not about that. Slowly, like a sickly disease, this very prejudice against women can be seen permeating the digital world as well. It is kind of scary when we think about it. The online world was and is still a safe haven for many, including me. People were protected by the computer/mobile screen which does not allow for direct face-to- face communication or real relationships. Now, not so much.

Why is this so scary?

Crimes in India are all governed by the substantive law formulated under the IPC (Indian Penal Code). This means that possibly every real world offence (either a committed or an omitted act which is a violation of a legal right) that you can think of has been defined and has a quantum of punishment under the Indian Penal Code. For example, assault and battery, rape, murder, culpable homicide, theft, trespassing, outraging the modesty of women, etc. The list is endless, really.

Crimes of a sexual nature need such a great amount of evidence that most accused are acquitted (pronounced not guilty). Either the trial takes too long, or the investigation is botched, or the accused gets away on the basis of a technicality. Thus, the reality is that not all offenders are caught and put behind bars to suffer the consequences of their actions.

In comparison to other crimes against women, cyber-bullies often do not realise the nature of the wrongful act being committed by them.

Sexual harassment is a punishable offence in India, irrespective of whether it is in tangible or intangible form. It is imperative to know which acts constitute sexual harassment, and how to fight sexual harassment to have an understanding of its online aspect. Sexual harassment is defined as the unwanted intrusion of a sexual nature in the personal space of an individual.

Online sexual harassment can be punished under Section 67 of the Information Technology Act, 2000 along with relevant provisions of the IPC. For example, outraging the modesty of a woman, showing pornographic content without consent, making sexually coloured remarks or asking for sexual favors online are punishable offences under Section 67 of the Information Technology Act. This act makes transmitting or publishing obscene material in electronic form punishable by imprisonment upto 3 to 5 years and a fine of upto 5 to 10 lakh rupees.

Online sexual harassment has been found to manifest into three large categories:

a. the victim is on the receiving end of pornographic material, lewd comments and insults.

b. offensive material is posted about the victim on a public platform; or

c. offensive material of/about someone is posted without their consent.

Online sexual harassment has now become a harrowing reality faced by more than 70% of women in urban areas. In such a reality, it is of paramount importance that you know how to protect yourself from it.

Here is a step-by- step guide on how you can protect yourself against online offenders:

Step 1: Proceed with caution

A precautionary method to protect yourself is to privatise your social media accounts. This way, no anonymous user will ever be able to harass you as your posts will not show up on their feed. Also, make sure that the information you post on social media is not sensitive, i.e., photos of yourself and/or your phone number on public access networks. These can be used in a wrong way.

Step 2: Block, Block, Block

If the privatisation of your accounts is not enough and you still receive or are tagged in offending material, then you can block such a person. If anyone emails or texts you with objectionable material, block them. It’s the simplest way of protecting yourself from online trolls. All social media sites provide the facility of blocking hostile elements from your feed.

Step 3: Report to the host website

Any material which you find as derogatory to yourself or your views can be removed when you report such material to the host website. You can also report a person repeatedly for making derogatory remarks. This can get that person’s account shut down permanently by the host website.

Step 4: File an FIR

If a person is repeatedly sexually harassing you through multiple fake accounts, or publishing derogatory content posing as you, then you can file a police complaint against him/her to protect yourself.

Many women feel helpless when faced with online sexual harassment. However, one doesn’t need to live in fear anymore. Have faith in the judicial system and your modesty will be protected if the necessary precautions and actions are taken at the right time. Remember that Indian Penal Code as well as the Information Technology Act, 2000, have your back. One protects you in the real world whereas the other, in the virtual one. It must be kept in mind that the wheels of justice may be slow, but they exist nevertheless.

Now that you know about what steps to take in case you are ever faced by online trolls, let others gain from it too. Share the post, and let it reach far and wide, because someone somewhere might be facing an online harassment and may need help.



ABOUT THE AUTHOR

2emnjonk

Khadija Khalil is currently pursuing 3 rd year of BLS/LLB course at Pravin Gandhi College of Law, Mumbai. With a love for the smaller things in life (being 5 ft tall), she is a geek who found law to be her fandom. Also a moot court enthusiast, because, why not.

Posted in Utility

Laws for senior citizen in India

This article has been written by Piyush Bajaj. Piyush is currently a BCom LLB student at Amity Law School, Noida.

Our seniors are our responsibility. Intergenerational equity is a principle of natural justice. A generation which neglects its elders and aged commits crime and shall be mate with same fate in their elder years. Ageing is a natural process, which inevitably occurs in human life cycle. It brings with a host of challenges in the life of the elderly, which are mostly caused by the changes in their body, mind, thought process. Ageing refers to a decline in the functional capacity of the organs of the human body, which occurs mostly due to physiological transformation. The senior citizens constitute a precious reservoir of such human resource as is gifted with knowledge of various sorts, varied experiences and deep insights. May be they have formally retired, yet an overwhelming majority of them are physically and mentally capable of contributing to the well being of the society. Hence, given an appropriate opportunity, they are in a position to make significant contribution to the socioeconomic development of their nation.

Problems of the aged as follows:

(i) Economic problems include such problems as loss of employment, income deficiency and economic insecurity.

(ii) Physical and physiological problems, include health and medical problems, nutritional deficiency, and the problem of adequate housing etc.

(iii) Psychosocial problem which cover problems related with their psychological and social maladjustment as well as the problem of elder abuse etc.

National Efforts:

(I) Constitutional Protection:

Art. 41: Right to work, to education and to public assistance in certain cases: The State shall, within the limits of economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.

Art. 46: Promotion of educational and economic interests of ……. and other weaker sections : The State shall promote with special care the educational and economic interests of the weaker sections of the people…..and shall protect them from social injustice and all forms of exploitation.

However, these provision are included in the Chapter IV i.e., Directive Principles of the Indian Constitution. The Directive Principles, as stated in Article 37, are not enforceable by any court of law. But Directive Principles impose positive obligations on the state, i.e., what it should do. The Directive Principles have been declared to be fundamental in the governance of the country and the state has been placed under an obligation to apply them in making laws. The courts however cannot enforce a Directive Principle as it does not create any justiciable right in favour of any individual. It is most unfortunate that state has not made even a single Act which are directly related to the elderly persons.

(II) Legal Protections:

Under Personal Laws:

The moral duty to maintain parents is recognized by all people. However, so far as law is concerned, the position and extent of such liability varies from community to community.

(I) Hindus Laws:

Amongst the Hindus, the obligation of sons to maintain their aged parents, who were not able to maintain themselves out of their own earning and property, was recognized even in early texts. And this obligation was not dependent upon, or in any way qualified, by a reference to the possession of family property. It was a personal legal obligation enforceable by the sovereign or the state. The statutory provision for maintenance of parents under Hindu personal law is contained in Sec 20 of the Hindu Adoption and Maintenance Act, 1956. This Act is the first personal law statute in India, which imposes an obligation on the children to maintain their parents. As is evident from the wording of the section, the obligation to maintain parents is not confined to sons only, and daughters also have an equal duty towards parents. It is important to note that only those parents who are financially unable to maintain themselves from any source, are entitled to seek maintenance under this Act.

(II) Muslim Law:

Children have a duty to maintain their aged parents even under the Muslim law.

(a) Children in easy circumstances are bound to maintain their poor parents, although the latter may be able to earn something for themselves.

(b) A son though in strained circumstances is bound to maintain his mother, if the mother is poor, though she may not be infirm.

(c) A son, who though poor, is earning something, is bound to support his father who earns nothing.

 (III) Christian and Parsi Law:

The Christians and Parsis have no personal laws providing for maintenance for the parents. Parents who wish to seek maintenance have to apply under provisions of the Criminal Procedure Code.

(III) Under the Code of Criminal Procedure:

Prior to 1973, there was no provision for maintenance of parents under the code. The Law Commission, however, was not in favour of making such provision.

According to its report:

The Cr.P.C is not the proper place for such a provision. There will be considerably difficulty in the amount of maintenance awarded to parents apportioning amongst the children in a summary proceeding of this type. It is desirable to leave this matter for adjudication by civil courts.

The provision, however, was introduced for the first time in Sec. 125 of the Code of Criminal Procedure in 1973. It is also essential that the parent establishes that the other party has sufficient means and has neglected or refused to maintain his, i.e., the parent, who is unable to maintain himself. It is important to note that Cr.P.C 1973, is a secular law and governs persons belonging to all religions and communities. Daughters, including married daughters, also have a duty to maintain their parents.

(IV) Governmental Protections:

  1. The Government of India approved the National Policy for Older Persons on January 13, 1999 in order to accelerate welfare measures and empowering the elderly in ways beneficial for them. This policy included the following major steps :

(i) Setting up of a pension fund for ensuring security for those persons who have been serving in the unorganized sector,

(ii) Construction of old age homes and day care centres’ for every 34 districts,

(iii) Establishment of resource centres’ and reemployment bureaus for people above 60 years,

(iv) Concessional rail/air fares for travel within and between cities, i.e.,30% discount in train and 50% in Indian Airlines.

(v) Enacting legislation for ensuring compulsory geriatric care in all the public hospitals.

Conclusions:

It may be conclude by saying that the problem of the elderly must be addressed to urgently and with utmost care. There is urgent need to amend the Constitution for the special provision to protection of aged person and bring it in the periphery of fundamental right. With the degeneration of joint family system, dislocation of familiar bonds and loss of respect for the aged person, the family in modern times should not be thought to be a secure place for them. Thus, it should be the Constitutional duty of the State to make an Act for the welfare and extra protection of the senior citizen including palliative care.



The December book bucket

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Posted in Utility

Whatsapp’s Privacy Policy Fiasco

This article has been written by Eashwari Nair. Eashwari is currently a student in Symbiosis Law School, Hyderabad.

Privacy. The term which seems to be associated very often to social media and due to recent events, Whatsapp in specific. The recent events that lead to this very association of Whatsapp and privacy was mainly because of the change in privacy policy which seems to have created a wide scope of exploitation of personal information.

What is a privacy policy and what does it have to do with Whatsapp?

A privacy policy is a set of data collected by a technological company such as facebook, Google etc. This data can be phone numbers, contacts, pictures etc the application can have access to.

Being advertisement free and not selling information was one of whatsapp’s intentions that resulted in its inception.  But ever since the acquisition of this company by facebook in the year 2014  , the change in the initial intention seems inevitable despite a statement released by them that they shall remain independent. Not only does Whatsapp now wishes to use your personal information, it seems to want to use that very data for its sister company facebook to direct advertisements and develop of concept of targeted marketing. In addition to this feature they also seem to be open to the idea of constructing transaction models as well for example booking flight tickets.

The other key feature in the new policy is that Whatsapp has expressly mentioned that facebook can utilise you Whatsapp data in order to recommend better product suggestion. And therefore facebook will know your phone number and will be notified on the people you usually text or message.

Although Whatsapp gives its users a method to opt out of some of the data sharing agreement, allowing them to untick or uncheck a (mostly hidden) box on the page that tells them about the change. But the catch is that it probably not opt out of everything i.e that there is a high probability that not all data will be delinked with your account.

Why does this new policy seem to generate uproar?

There are quite a few reasons is to why this highly market oriented privacy policy generates a cause for concern

Primarily this   policy seems to pierce into the concept of privacy of an individual, By taking away the protection to privacy of details and data of users of Whatsapp and sharing the same with Facebook and all its sister companies for the purpose of commercial advertising and marketing leads to infringing the fundamental rights of the users guaranteed under Article 21 of the Constitution of India i.e the right to life and liberty and the theory of right to privacy seems to fall under it’s scope [1]  .  Further this manoeuvre is seen to hit the principles of estoppel as well.

Secondarily it also must be noted that we live in a country where education still seems to be a distant dream in majority of the places in India. And therefore the average capacity to comprehend the stated terms and conditions stated in the agreement of privacy is extremely flimsy in nature.[2]

In addition to this it is also to be noted that the consent acquired when the privacy policy and it’s rules were stated, there was no mention about the exact purpose of utilisation of the information extracted, i.e. usage of the information taken in order to promote market inclined activities. This action opens the scope of exploitation and misuse of personal information.[3]

What was the consequence of  this privacy policy?

In India in specific, recently the Delhi High court dealt with a PIL filed by 2 students i.e Karmanya Singh Sareen and Shreya Sethi. The bench was headed by Chief justice G. Rohini.  The court gave the green light on practice of this new policy on the condition that the TRAI would look into the rules and laws governing such messenger apps. Secondly till the 25th of September no information is to be shared with it’s family company, facebook. Thirdly the option to opt out of this new rule should be explicitly stated.

The scope of Privacy Laws in India

This area of law has no definite sphere under which data protection can be accounted for. The derivation of privacy can be extracted from laws relating to information technology, intellectual property, crimes and probably contractual directed laws as well. In today’s world which is subjected to change at an ever increasing rate, the need to regulate and put a check on the extent of utilization of an individual’s personal information via technology or otherwise.

[1] We must keep in mind that the position of right to privacy is currently ambiguous in nature, and therefore the foundation of this postulation has a shaky stance.
The above can be inferred from K.S. Puttaswamy (Retired) and Anr. v. Union of India & Ors.

[2] This nature refers to the fact that although majority of the people maybe illiterate, it is seen that these people as well seem to understand the basic necessary operations required to operate a device with respect to the hardware aspect.

[3] This misuse and  exploitation is based on probability that s seen to be on the higher scale , since elements of regulation and standardisation of rules are absent.


The December book bucket

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Posted in Criminal Law, Utility

Remand Laws in India

This article has been written by Harsha Uikey. Harsha is currently a student in National Academy of Legal Studies and Research, Hyderabad (NALSAR).

Around 32% of prisoners in India that means every third prisoner is waiting for the trial or completion of their trail process. These are the people who have not been holding convicted of the offence they have detained for and are hence presumed innocent. Remand is the process of keeping a person in custody before its actual conviction process. For serious crimes like murder, rape etc a person an accused can be held in remand in custody till their trail or conviction. There are different terminologies for the word ‘Remand ’but it is common ally used in common law jurisdiction. Imprisonment of a person without a trial is contrary to principle of presumption of innocence that is why it is considered as a safeguard and restriction for the society at large.

When the police officers are unable to complete the investigation within 24 hours of a person arrested on suspicion of an offence and if they require the person for further investigation or feel the need to keep the person away from the society for its betterment at large, the police officer can present the person before the Magistrate who may allow the detention of the person either in police or judicial custody. In India this whole process is governed under Section 167 of Code of Criminal Procedure. This section provides that an accused may be kept in judicial or police custody for the period of 15 days on the order given by the Magistrate. And an executive Magistrate may order for a period of 7 days. A police custody may only be extend up to 15 days while judicial custody may extend up to the period of 90 days for the offences which require life imprisonment for 10 years and more or death penalty and 60days for other crimes if the Magistrate is convinced by sufficient reasons. Later the accused must be released on Bail. The difference in both the custody is that in police custody a person can be interrogated but interrogation is not allowed in judicial custody except in extraordinary circumstances. The difference between the two judicial and police custody is that a person in police custody may be interrogated by the police but in judicial custody interrogation is not allowed except in exceptional circumstances. It is important that rights of his custody are read to the Accused when he is taken in police custody. When the person is produced before the Magistrate he may be taken in remand or may be granted bail for temporary relief. One of the rights provided to the accused and the procedure u/sec 57 strictly says that the person must be presented before the Magistrate within 24 hours of his custody excluding the travel time. While carefully reading Section 167(1) it is proven that an investigating officer or officer in charge of the police station may only ask for remand when sufficient grounds are there to believe that the accusation and information is well found and completion of investigation is impossible within 24 hours. Hence the power of Magistrate is not adequate and mechanical.[1] Also to some extent it lessens the risk of unreasonable police atrocities on that person. Under section 167(2) the accused may be granted detention not exceeding 15 days except in the circumstances of any serious nature of crime.[2]

Mostly in all criminal cases in India protecting the rights of a less privileged person is always hard. The section 167 of CrPC only extends to the right of bail when there are no sufficient grounds to hold a person in custody. It also clearly says that if a person is unable to attain bail than he will continue to be custody “There are cases where the accused are in judicial custody, merely because they are poor. In each of those cases, directions have been passed by the Courts concerned, for admitting them to bail. They are in judicial customary because they have not been able to arrange a surety while the orders for their judicial remands are being passed in a routine manner.”[3] In Kami Sanyal v District Magistrate Darjeeling[4] it was held that “while a person is committed to jail custody by a competent Court by an order, which prima facie does not appear to be without jurisdiction or wholly illegal, a writ of habeas corpus in respect of that person cannot be granted.”[5] Babunandan Mallah v. State[6] held that “if the detention of the accused is legal, when the bail application is preferred, his previous illegal detention should not be considered.”[7] The law here completely turns its back towards the suffering of the person who is kept in custody on suspicion. Even the law is unclear about whether or not the 15 days period shall be suspended during the inability in holding a person in physical custody. While ordering remand the Magistrate must consider the background of the accused person.

A later acquittal from the pre-trial remand is a hollow victory because there is no way that the accused can resort the days spent in jail. The time period in remand custody makes the accused to actually serve in jail. Hence an accused may be more likely to be pleading guilty if the acquittal rate is low or if the expected sentence on a guilty plea is less than the amount of jail time that would be served pretrial.[8] It is very important that the contradiction and obscurities must be amended while providing the safeguards.

[1] Pal Singh v. State of U.P, 1983 CLJ 1009

[2] Central Bureau of Investigation, Special Investigation Cell-I, New Delhi v. Anupam J.Kulkarni, AIR 1992 SC 1768. Also Ins. by act 10 of 1990, s. 2 (w. e. f 19- 2- 1990 )

[3] Laxmi Narain Gupta v. State, 2002 CLJ 2907.

[4] 1990 CLJ 2685

[5] Ibid Note 4

[6] 1972 CLJ 423

[7]Ibid Note 6

[8] Stephanos Bibas, Plea Bargaining outside the Shadow of Trial117 (8), Harvard Law Review, pp. 2463–2547, June 2004.


The December book bucket

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Posted in Utility

Empowering the ‘Good Samaritan’ in the ‘Golden Hour’

In the aftermath of a number of astounding reports pertaining to increasing number of road accidents in India and the abstention of bystanders in helping victims, due to fear of being subject to procedural hassles, a much needed PIL was filed by the SaveLIFE Foundation. The PIL, filed under Article 32 of the Constitution addressed the urgency of giving adequate protection to the bystanders of road accidents from coercion, harassment, and intimidation, as well as to ensure effective trauma services across the country.

A report by the Law Commission of India highlighted, that 50% of people who died in road crashes could be saved if immediate medical care was given to them in the ‘golden hour’ i.e. the first hour. A nation-wide survey conducted by SaveLIFE Foundation also revealed that 3 out of 4 people hesitated in assisting victims of road crashes. In order to give assurance to the bystanders from being engulfed into the systemic impediments , the Supreme Court in a landmark judgement on 4th March 2016, made the Good Samaritan guidelines and SOP’s binding on all states and union territories in India (under Article 141 and 142 of the Indian Constitution i.e. inherent powers of the Supreme Court )

The bystanders can play a pivotal role in kick-starting the ‘chain of survival’, involving 3 essential stages in the care of a trauma victim i.e. bystander care, ambulatory care and in-hospital care. With the binding guidelines of the Supreme Court , a bystander need not worry about the procedural hurdles and harassment anymore.

The police cannot force any Good Samaritan to disclose any personal details, like address, contact number etc. No person who has reported a road accident or assisted the victim in any other way can be compelled to act as an eye witness or be summoned against his wish. Even after a person agrees to act as a witness, the investigation should be conducted by the police, according to the time and place comfortable for the Good Samaritan. In event of the need of carrying out the investigation in the police station itself , the police, in writing, must state the reasons for doing so. If the individual, by choice, decides to visit the police station for investigation, then the procedure should be completed in a single examination, within a definite frame of time.A Good Samaritan, shall under no circumstances, be subject to any discrimination by virtue of his caste, religion, sex, race, or on any other grounds.

While the judgement of the apex court is a major humanitarian leap in safeguarding the citizens in getting embroiled in complicated and harassing legal procedures which deter them from coming forward to extend help to victims, the implementation of this law, still remains a major challenge. Since, health, lower judiciary and police are essentially state subjects, so state laws have a major role to play in effective implementation and improving accountability. For effectual changes at the ground level, it is also imperative that the common man is aware of the magnanimity of his role in saving the life of his fellow citizens.

 

AUTHOR

Vidushi Agarwal