Accident Victims Bill yet to be
in action.
Author: Shibani Chattopadhyay.
Mahendra Mohan, a former M.P. introduced the Accident Victims Bill,2006, in the Rajya Sabha on November 24,2006 and moved for the Bill to be passed on March 2,2007 which states Compulsory
Emergency Medical Aid by Private
Hospitals and Medical Practitioners. The Bill imposes that, no private hospital or medical practitioner shall refuse to provide emergency aid to accident victims. Geetanath Ganguly, executive chairman, Legal aid Services, West Bengal says that, under Article 21 of the Indian Institution, every person has a right to life and failure to provide medical aid is the violation of the constitution. But, take for example, on January 14,2001,an engineering student was taken to a hospital as he was hit by a bus, but the hospital discontinued his treatment as the passers-by who had brought him there, failed to pay Rs.15,000 as his admission. The same story replays itself allover India. Only political intervention gives bed to ailing patients. The major reason why hospitals and medical practitioners are turning away patients is because, such victims are not in a position to make payment immediately, nor they have any medical insurance entitling them to reimbursement. The Bill, if passed, would ensure that such cases are not filed at all. Inorder to rectify this problem the Bill states that, the private hospitals and medical practitioners providing emergency treatment to the victim shall send to the appropriate government a claim for reimbursement of the expenditure of the emergency. Also whoever contravenes the provisions of this Bill shall be punishable with imprisonment or a fine. Dr. Ajay Kumar, national president of Indian Medical Association however expresses that, if the Bill is passed, it will end up like the ruling on wearing seat belts while driving because less people actually abide by it. Dr. Kumar also points out some practical problems if it’s implemented. Such as, a urology unit or a heart institute can’t have the infrastructure to handle multiple victims of accident. Dr. B.R. Rao, chairman, board of management of Sir Ganga Ram Hospital in Delhi, endorses the point that though it’s a good intent Bill, but modalities to implement such measures are missing. Unless a list of injuries and broad guidelines for treatment are laid out, it will be ineffective. Besides, road traffic accident management which requires co-ordination between different quarters has to be dealt with under the ambit of the Bill. Police needs to sensitized dealing with victims; ambulances need to be stationed at major points. Perfect co-ordination in the entire chain will make some genuine differences. Above all to make this Bill effective, cancellation of licenses of both doctors and hospitals (by amending the Indian Medical Council Act, 1956) should be tied up with the contravention of the provisions of this Bill.