Syllabus:

GS-2: Issues relating to the development and management of Social Sector/Services relating to Health, Education, Human Resources. 

Context: 

Recently, the Supreme Court proposed the formulation of a scheduled operating procedure to safeguard citizens’ right to trauma care. 

More on the News

• According to the Ministry of Road Transport and Highways, over 7 lakh people were killed in road accidents between 2017 and 2022, including 1.68 lakh deaths in 2022 alone.
• NGO SaveLIFE Foundation filed a PIL claiming that the lack of a standardised emergency response system violates citizens’ fundamental rights under Articles 14 and 21.
• The Court requested the Attorney General to review States’ and Union Territories’ positions, consult petitioners, and submit a report on implementing uniform trauma care standards within six months.

Judicial Mandate on Right to Emergency Medical Care: 

Duty of Care: The Supreme Court, under Article 21, has held that the ‘duty of care’ is total, absolute, and paramount, making it binding on all doctors and healthcare providers to render emergency trauma care.

• This mandate applies equally to government and private hospitals, with the Code of Medical Ethics recognised as enforceable law for the medical profession.

Parmanand Katara v. Union of India (1989): The Supreme Court held that all doctors and hospitals are legally bound to provide immediate emergency care, with saving lives taking precedence over police formalities or legal procedures.

Paschim Banga Khet Mazdoor Samithi v. State of West Bengal (1996): This case further reiterated the judiciary's stance on the imperative of providing timely emergency medical care, emphasizing the violation of the Right to Life if denied. 

Poonam Sharma v. Union of India (2002): Delhi High Court, in this case involving an accident victim, reinforced that police and doctors have a constitutional obligation to provide timely treatment in medico-legal cases. 

Good Samaritan law (2016): The law protects those who help road accident victims, freeing them from civil or criminal liability, allowing them to leave after giving their address, and ensuring protection or recognition, encouraging timely help during the vital "Golden Hour."

Challenges

• Lack of Infrastructure: Many rural areas lack trauma centers and trained paramedics.
• Delayed Response Time: Congestion, poor road conditions, and limited ambulance availability.
• Awareness Gaps: Low awareness about the Good Samaritan Law.
• Private Sector Non-Compliance: Some hospitals still demand payment before treatment.

Way Forward 

• Develop standardized training programs with certifications to equip citizens with basic emergency medical skills at scale.
• A proposed Right to Emergency Care Act could broaden protections, extending beyond road accidents to cover all trauma cases.
• The ‘Model Bill for the Purpose of Emergency Treatment of Victims,’ proposed by the Law Commission of India, in its 201st report must be implemented. 
• A law is needed under which hospitals would be forbidden from refusing to admit patients without providing them with basic care.

Sources:

https://www.tribuneindia.com/news/india/sc-seeks-sop-to-ensure-citizens-right-to-trauma-care-after-pil-by-ngo/ https://www.livelaw.in/top-stories/supreme-court-hearing-presidential-reference-on-bills-timelines-302184 https://health.economictimes.indiatimes.com/news/industry/india-requires-national-law-for-trauma-care-global-study/104204888