Bystanders, Don’t Stand & Stare: Time For That Good Samaritan Law
There’s an urgent need for a Good Samaritan Law, to create a supportive environment for bystanders to help victims.
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As long as we take the little incidents lightly, there’s no stopping of such heinous crimes. I’m pretty sure that initially the girl must have been told not to ‘create a ruckus’ and ‘let it go’. It cost her life. How many more such mishaps do we have to witness before we start taking things seriously?
— Prerna Pratham Singh, A Girl Who Exposed Her Facebook Stalker
That’s how Prerna Pratham Singh, the spunky woman who exposed her Facebook harasser to social media scrutiny reacted to the shocking case of a girl stabbed to death by her stalker in Delhi.
On Thursday, 19-year-old Meenakshi was stabbed 35 times for resisting an attempt of molestation in the crowded market of Delhi’s Anand Parbat area by a vindictive stalker. She ran screaming for help while the two accused chased and repeatedly stabbed her.
Meenakshi’s mother too was knifed while trying to save her. Police have arrested the two accused — Jai Prakash and his brother — and charged them with murder.
But can bystanders and the police together play a role in saving lives? Are our criminal procedures and cumbersome judicial practices preventing people from coming forward to help victims? Or has law enforcement itself failed to act as a deterrent to the increasing crime rate?
No Fear of Law?
Prerna found a supporter in Special Commissioner of Traffic Police, Delhi, who openly urged her to file an FIR against the offender. But Meenakshi’s family alleges that even the police complaint didn’t deter the two accused who continued to harass her.
They harassed my sister earlier also. We filed a complaint, but the police didn’t listen to us. If they did, this could have been prevented.
— Meenakshi’s Sister
According to the police, the accused’s mother is also an accomplice in the murder. In fact, a complaint was filed by Meenakshi’s mother two years ago against her, and following an investigation, she was arrested on charges of breach of peace. Do offenders no longer fear getting caught? Or should the attitudes of law enforcement agencies be blamed for the rise of such incidents?
Meenakshi’s neighbours claim that they tried to intervene, but the two accused threatened them. Her parents now just want speedy justice.
But, can the government ensure that there is a speedy trial?
Police is over-stretched. Local level patrolling in gallis and mohallas requires all available manpower. But so many of our constables are on the VIP security cover. At times, I fear what I’ll encounter as a normal citizen. So, how can people feel safe?
— Amrit Brar, Additional IG, Punjab
Even registration, investigation and prosecution of cases remain in an abysmal state. In addition, lack of awareness and the fear of legal procedures deter the general public from aiding victims, or reporting incidents.
With a poor conviction rate and the lackadaisical attitude of law enforcement agencies, law has failed to act as a deterrent. Also, absence of a witness protection programme makes the problem more complex.
Lack of a Good Samaritan Law
Bystanders have an indispensable role in saving life as they usually have the first account of the incident. But, time and again, no bystander has come forward to help victims of violence.
A 2013 national study by SaveLIFE Foundation and TNS India Pvt Ltd says nearly 74% of bystanders are unlikely to assist victims of road accidents. 88% of those bystanders cited legal hassles, including repeated police questioning and multiple court appearances, for their reluctance. If current investigation procedures were simplified, will bystanders step forward?
Many developed countries like the UK, the US, Canada and European nations have enacted Good Samaritan laws. As of now, there is no legislation to help the bystanders in India.
Meenkashi’s family claims that none of the witnesses came forward to help her, even as the horrific incident unfolded. They rushed her to the Ram Manohar Lohia hospital after she was stabbed multiple times.
The Good Samaritan (Protection from Civil and Criminal Liabilities) and Miscellaneous Provisions Bill was introduced in 2014, and is still pending in the Parliament. The Bill particularly looks at the rights of a Samaritan, duties of hospitals and directions to law enforcement authorities in connection with road accidents. New sections to prevent stalking and voyeurism were introduced to The Criminal Law (Amendment) Bill, 2013, after the December 16 gangrape case.
The demand for a Good Samaritan legislation has been often strongly voiced. A supportive legal environment can be a game-changer in getting bystanders to save many lives.
Also, popular opinion on a supportive environment needs to change. The need for adequate legislation on Good Samaritans is immediate and urgent for India.
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