Right To Trauma Care Part Of Article 21: Supreme Court Issues PAN-India Directions On Road Accident Response

The Bench of Justices J.K. Maheshwari and Atul S. Chandurkar passed the directions while hearing a public interest litigation seeking recognition of trauma care as a constitutional right and implementation of a uniform emergency medical response system across the country.

Emphasising the urgency of emergency care, the Court observed that “every minute spent without medical intervention or urgent care significantly narrows the scope for survival” and remarked that “swiftness, is quite literally, like medicine.”

The petition, filed by a social impact organisation and its founder, sought directions for integration of all emergency helpline numbers into the universal emergency number 112, implementation of Good Samaritan protections, standardisation of ambulance services, creation of trauma registries and operationalisation of cashless treatment schemes for road accident victims.

The Court noted that while the Union government had already introduced several schemes and policies, including the PM RAHAT cashless treatment scheme, Good Samaritan Rules, National Ambulance Code and ERSS-112 framework, implementation across States and UTs remained “scanty and fragmented.”

Accepting suggestions placed by Attorney General R. Venkataramani, the Bench directed all States and UTs to integrate emergency and ambulance helpline numbers such as 100, 101, 102, 108, 1033 and 1091 into helpline 112 within three months and undertake mass media campaigns publicising the unified emergency number.

The Court further ordered States and UTs to establish Good Samaritan grievance redressal systems at physical and digital levels within three months, with designated nodal officers at district and State levels.

Recognising the hesitation of bystanders in helping accident victims due to fear of police or legal proceedings, the Bench observed that systemic intervention and public awareness were essential to strengthen Good Samaritan protections under Section 134A of the Motor Vehicles Act.

The Court also directed all States and UTs to ensure full compliance with AIS-125 ambulance standards, mandate GPS tracking and real-time integration of ambulances with the 112 emergency system, and conduct periodic audits of ambulance response times, quality of care and equipment standards.

The Union government has been directed to issue a standardised medical rescue protocol for trauma cases within three months, while States and UTs were ordered to operationalise the same thereafter.

The Court ordered the Union Ministry of Health and Family Welfare to issue guidelines for a national trauma registry within eight weeks, after which all States and UTs would establish State Trauma Registries covering public and private medical facilities.

The Bench also directed States and UTs to fully operationalise the PM RAHAT cashless treatment scheme for road accident victims within three months, warning that non-implementation would amount to violation of the Motor Vehicles Act.

The Court observed that a “uniform and robust system of trauma care” coupled with sustained public awareness could substantially reduce preventable deaths caused by road accidents and other traumatic incidents.

It also acknowledged the assistance rendered by Attorney General R. Venkataramani, Senior Advocate Sidharth Luthra and Advocate Malvika Kapila in the matter.

The case will now be heard after four months for further compliance directions.