WB panel awards Rs 30L to kin of baby died due to docs’ negligence

DHNS
November 21, 2017

Kolkata, Nov 21: The West Bengal Clinical Establishment Regulatory Commission has awarded compensation in one of the eight cases, which it has heard in the last six months after it was constituted following after the West Bengal Clinical Establishment (Registration, Regulation and Transparency) Act, 2017 came into force.

Some of the provisions of the Act are similar to the controversial Karnataka Private Medical Establishments (Regulation) Bill, 2017.

 With most of the cases being dismissed after detailed hearings, the West Bengal Clinical Establishment Regulatory Commission on June 23, 2017 found Apollo Gleneagles Hospital guilty and held three doctors negligent in treating a baby, who died on April 19, 2017.

The WBCERC awarded a compensation of Rs 30 lakh to the baby's family and said in its order that the hospital was guilty of mismanagement and misrepresentation of facts and deficiency in services. It also concluded that three doctors seemed to be negligent in carrying out the treatment as expected.

Four-month-old Kuheli Chakraborty, who was admitted to the hospital for a colonoscopy, died primarily because of an anaesthetic overdose.

Aggrieved patients or their kin can approach the Commission under the bill, which was passed on March 17, to redress their grievance.

The provisions of the Act empowers the Commission to award compensation to victims of negligent treatment at private facilities up to Rs 50 lakh and in cases of negligent treatment, hospitals would be liable to compensate victims upto Rs 3 lakh for simple injury, upto Rs 5 lakh for grievous injury and not less than Rs 10 lakh in case of death.

Under the Act, hospitals would be bound to treat victims of road accidents, acid attacks and rape victims irrespective of their ability to bear treatment costs and bodies of patients would have to be released in the eventuality of relatives' inability to pay bills in full.

The law provides for fixing charges for outpatients and inpatients and diagnostics.

Though the Act has been widely welcomed by the people, there are also apprehensions as to whether it will hamper investments in the health sector.

A section of doctors has also expressed dismay over the Commission having no powers to rein in malpractices in government hospitals and that the act gives excessive powers to the public as far as emergency treatment is concerned and some might be tempted to misuse provisions of the act.

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Agencies
July 15,2020

New Delhi, Jul 15: The employees union of state-run telecom operator BSNL will stage protests across the country on Thursday on a host of issues including the cancellation of its 4G tender and non-payment of salaries.

All major unions are organising ‘lunch-hour black-flag' demonstrations throughout the country under the banner of All Unions and Association of BSNL (AUAB), said a statement by AUAB. These demonstrations will be organised, by maintaining social distancing and by taking other precautions, like wearing of masks. The BSNL employees will also wear black-badges the whole day on July 16.

The employees body would demand that BSNL should immediately be allowed to roll out its 4G services and the tender should be issued immediately. Further, they want that in the matter of procuring new equipment and upgradation, there should not be any discrimination between BSNL and other private telecom service providers.

Recently, the Centre cancelled the 4G upgradation tender for BSNL as it had decided to come up with fresh specifications for the upgrade process, in a move to keep Chinese technology companies at bay as the border tussle escalated with the northern neighbour.

The Department of Telecommunications (DoT) would issue a fresh tender for the same, and people in the know said that Chinese companies may not be allowed to participate.

"The agitational programme is being organised to express the deep anguish and resentment of the employees against cancellation of BSNL's 4G tender, cancellation of BSNL's proposal for upgradation of its 49,300 BTSs to 4G, abnormal delay in issuing ‘Add on Order' for 4G equipments, inordinate delay in the implementation of BSNL's Revival Package and against the non-settlement of the burning problems of the employees," said the statement.

The umbrella body of BSNL's employees' unions noted that rolling out of 4G services is the backbone for the revival of this telecom PSU, but the recent cancellation of the tender floated by BSNL for procuring 4G equipment at a cost of Rs 9,300 crore, has brought the company back to square one.

It said that BSNL is already having 49,300 base transceiver stations (BTS), which are 4G compatible and through minor upgradation, all these equipment can be converted into 4G BTSs with an investment of about Rs 1,500 crore.

In addition to this, BSNL could have added another 15,000 BTSs, by placing an Add on Order to the existing mobile tender, it added.

Noting that in October 2019, the PSU could have rolled out pan-India 4G services, AUAB said: "Being the sole owner of the company, the Government of India also cannot shirk its responsibility in this matter."

"Adding insult to injury, the tender floated by BSNL to procure 4G equipment, has been cancelled by the government, based on a complaint from the Telecom Equipments and Services Promotional Council (TEPC)," it said.

AUAB said that BSNL is already lagging four years behind the private operators, in terms of 4G and the cancellation of the tender is going to inordinately delay the company's 4G launch.

Saying that TEPC's contention has been to bar foreign companies from participating in BSNL's tender, AUAB statement pointed out that when private operators are procuring equipment from multinationals, "why BSNL alone should be compelled to procure 4G equipments from domestic vendors, whose 4G technology is not tested or proven so far."

It alleged a conspiracy to destabilise BSNL by disrupting its rolling out of 4G services.

AUAB further said that even after the lapse of nine months, the implementation of the much publicised BSNL's Revival Package is moving at a snail's pace.

"Except the swift retrenchment of 79,000 BSNL employees under VRS, all other assurances given in BSNL's Revival Package have been put in cold storage."

The management should ensure that the salary payment of the employees is made on the last working day of every month. Deductions made from employees' salary, on account of "society dues", should immediately be remitted, it said.

Regarding the monetisation of the company's assets under the revival package, the organisation said that the land asset should not be handed over to corporates, at "throwaway" prices.

"These lands should be sold in a transparent manner and at the prevailing market rates. They should not be sold at book value or at circle rates. The AUAB will strictly monitor these dealings," it said.

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Agencies
May 14,2020

Social media platform WhatsApp assured the Supreme Court on Wednesday that it will not roll out its payment services without complying with all payment regulations and norms in the country.

A bench headed by Chief Justice S.A. Bobde and comprising Justices Indu Malhotra and Hrishikesh Roy took up the matter through video conferencing. Senior advocate Kapil Sibal, representing the social media platform, said "WhatsApp Inc makes a statement on behalf of his client that they will not go ahead with the payments' scheme without complying with all the regulations in force."

The statement was made during the hearing of a petition seeking a ban on payment through WhatsApp, as it does not conform to the data localization norms. The top court took the assurance made by WhatsApp on record.

WhatsApp made the statement during the hearing of a plea seeking a ban on its payment service, for not being in line with data localization norms.

In 2018, WhatsApp was granted a beta licence to launch its payment service, but a dedicated and separate app is yet to be launched. A petition was moved in the apex court that WhatsApp's existing model for its payments service should be declared inconsistent with the Unified Payment Interface (UPI) Scheme, as a separate dedicated app has not been offered by the company.

The petitioner NGO, Good Governance Chambers, argued that the National Payments Corporation of India (NPCI) and the Reserve Bank of India (RBI) must change its model on the lines of the UPI payment scheme, and its operations may be suspended until these conditions are met.

The apex court today asked the Centre, Facebook and WhatsApp to file their replies within three weeks and it will take up the matter thereafter. The court noted that the government may process the applications filed by WhatsApp in accordance with the law and there is no stay on the same. Facebook was represented by senior advocate Arvind Datar.

The petitioner argued that lapses have been found in relation to WhatsApp's claims of having a secure and safe technological interface for securing sensitive user data.

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Agencies
January 16,2020

Claiming that e-commerce giants like Amazon import as much as 80 per cent of the items sold on their platforms, small manufacturers' body has said that their business models do not benefit local industry and are creating jobs of delivery boys only.

"Neither manufacturers nor traders are getting any benefit from the business models of Amazon and Flipkart because they largely import their products from China and Korea and sell here. Nearly 80 per cent of their products are imported," said Anil Bhardwaj, Secretary General, Federation of Indian Micro and Small & Medium Enterprises (FISME).

Bhardwaj said that the global e-commerce players generally source and sell products through their own preferred suppliers and as a result a large number of local manufacturers and traders get crowded out.

He listed out deep discounting and buying products from preferred companies as unfair practices.

"Even if they buy products from local suppliers the commission charged is very high," Bhardwaj said adding that the issues related to unfair practices have been raised with Commerce Ministry on multiple occasions.

FISME maintains that the technology-driven retail is way forward and one cannot be oblivious of the benefits it brings to consumers but at the same time the local industry can also not be ignored given its role in job creation.

"If both traders and local manufacturers are crowded out then how would the local industry survive and employment be generated?" asked Bhardwaj.

As Amazon Founder and CEO Jeff Bezos is currently on his three-day visit to India, the local traders are up in arms against the "unfair" trade practices of the tech giant. Delhi-based Confederation of All India Traders (CAIT) has launched a countrywide protest against the company and has organised protests across 300 cities.

In a setback to Amazon and Walmart-backed Flipkart, the fair market watchdog Competition Commission of India (CCI) has ordered probe into the business operations of both the companies on multiple counts including deep-discounts and exclusive tie-up with preferred sellers.

"For the first time some concrete step has been taken against Amazon and Flipkart who are continuously violating the FDI policy in indulging in a vicious racket of controlling and monopolising not only the e-commerce but even the retail trade as well," CAIT National Secretary General Praveen Khandelwal said after the CCI order.

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