November 6   2015, Friday
EDITORIAL
Dr KK AggarwalDr KK Aggarwal Law relating to sexual harassment at workplace

The act of practicing other system of medicine of which a person does not possesses recognised qualification and is not enrolled in the relevant state or central register of that particular system of medicine is an illegal act and if a person commits such an illegal act with any women, then the same also amounts to sexual harassment of a women as the said act is an unwelcome act. Accordingly, the women can make a complaint against the offence of sexual harassment at workplace as per the provisions of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as Act, 2013).

According to Section 2(a) of Act, 2013, aggrieved woman means—
i. in relation to a workplace, a woman, of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent;

ii. in relation to a dwel1ing place or house, a woman of any age who is employed in such a dwelling place or house;

According to Section 2(n) of Act, 2013, sexual harassment includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:—
i. physical contact and advances; or
ii. a demand or request for sexual favours; or
iii. making sexually coloured remarks; or
iv. showing pornography; or
v. any other unwelcome physical, verbal or non-verbal conduct of sexual nature

According to Section 2(o) of Act, 2013, workplace includes:
i. any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government or the local authority or a Government company or a corporation or a co-operative society;
ii. any private sector organisation or a private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organisation, unit or service provider carrying on commercial, professional, vocational, educational, entertainmental, industrial, health services or financial activities including production, supply, sale, distribution or service;
iii. hospitals or nursing homes;
iv. any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto;
v. any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey;
vi. a dwelling place or a house;

According to Section 3 of Act, 2013, prevention of sexual harassment
1. No woman shall be subjected to sexual harassment at any workplace.
2. The following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment:-
i. implied or explicit promise of preferential treatment in her employment; or
ii. implied or explicit threat of detrimental treatment in her employment; or
iii. implied or explicit threat about her present or future employment status; or
iv. interference with her work or creating an intimidating or offensive or hostile work environment for her; or
v. humiliating treatment likely to affect her health or safety.

According to Section 9 of Act, 2013, complaint of sexual harassment
1. Any aggrieved woman may make, in writing, a complaint of sexual harassment at work place to the Internal Committee if so constituted, or the Local Committee, in case it is not so constituted, within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident: Provided that where such complaint cannot be made in writing, the Presiding Officer or any Member of the Internal Committee or the Chairperson or any Member of the Local Committee, as the case may be, shall render all reasonable assistance to the woman for making the complaint in writing: Provided further that the Internal Committee or, as the case may be, the Local Committee may, for the reasons to be recorded in writing, extend the time limit not exceeding three months, if it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period.
2. Where the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or such other person as may be prescribed may make a complaint under this section.

According to Section 12 of Act, 2013, action during pendency of inquiry:
(1) During the pendency of an inquiry, on a written request made by the aggrieved woman, the Internal Committee or the Local Committee, as the case may be, may recommend to the employer to—
a. transfer the aggrieved woman or the respondent to any other workplace; or
b. grant leave to the aggrieved woman up to a period of three months; or
c. grant such other relief to the aggrieved woman as may be prescribed.

(2) The leave granted to the aggrieved woman under this section shall be in addition to the leave she would be otherwise entitled.

(3) On the recommendation of the Internal Committee or the Local Committee, as the case may be, under sub-section (1), the employer shall implement the recommendations made under sub-section (1) and send the report of such implementation to the Internal Committee or the Local Committee, as the case may be.

According to Section 13 of Act, 2013, Inquiry report:
1. On the completion of an inquiry under this Act, the Internal Committee or the Local Committee, as the case may be, shall provide a report of its findings to the employer, or as the case may be, the District Officer within a period often days from the date of completion of the inquiry and such report be made available to the concerned parties.

2. Where the Internal Committee or the Local Committee, as the case may be, arrives at the conclusion that the allegation against the respondent has not been proved, it shall recommend to the employer and the District Officer that no action is required to be taken in the matter.

3. Where the Internal Committee or the Local Committee, as the case may be, arrives at the conclusion that the allegation against the respondent has been proved, it shall recommend to the employer or the District Officer, as the case may be—

i. to take action for sexual harassment as a misconduct in accordance with the provisions of the service rules applicable to the respondent or where no such service rules have been made, in such manner as may be prescribed;

ii. to deduct, notwithstanding anything in the service rules applicable to the respondent, from the salary or wages of the respondent such sum as it may consider appropriate to be paid to the aggrieved woman or to her legal heirs, as it may determine, in accordance with the provisions of section 15:

Provided that in case the employer is unable to make such deduction from the salary of the respondent due to his being absent from duty or cessation of employment it may direct to the respondent to pay such sum to the aggrieved woman: Provided further that in case the respondent fails to pay the sum referred to in clause (II), the Internal Committee or, as the case may be, the Local Committee may forward the order for recovery of the sum as an arrear of land revenue to the concerned District Officer.

4. The employer or the District Officer shall act upon the recommendation within sixty days of its receipt by him. Punishment for false or malicious complaint and false evidence

According to Section 19 of the Act, 2013, every employer shall—
a. provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace;
b. display at any conspicuous place in the workplace, the penal consequences of sexual harassments; and the order constituting, the Internal Committee under subsection (I) of section 4;
c. organise workshops and awareness programmes at regular intervals for sensitising the employees with the provisions of the Act and orientation programmes for the members of the Internal Committee in the manner as may be prescribed;
d. provide necessary facilities to the Internal Committee or the Local Committee, as the case may be, for dealing with the complaint and conducting an inquiry;
e. assist in securing the attendance of respondent and witnesses before the Internal Committee or the Local Committee, as the case may be;
f. make available such information to the Internal Committee or the Local Committee, as the case may be, as it may require having regard to the complaint made under sub-section (1) of section 9;
g. provide assistance to the woman if she so chooses to file a complaint in relation to the offence under the Indian Penal Code or any other law for the time being 45 of 1860. in force;
h. cause to initiate action, under the Indian Penal Code or any other law for the 45 of 1860. time being in force, against the perpetrator, or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place;
i. treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct;
j. monitor the timely submission of reports by the Internal Committee.
Breaking news
New guidelines focus on pediatric pulmonary hypertension

For the first time, guidelines have been developed for the diagnosis and treatment of infants and children with pulmonary hypertension -- a condition which affects nearly two in 1,000 babies born each year and is more common in children than adults. The joint guidelines from the American Heart Association and American Thoracic Society, published Nov. 2 in the journal Circulation, address the evaluation and treatment of pediatric pulmonary hypertension, which is typically caused by blockages in the pulmonary arteries and is defined as resting mean pulmonary artery pressure (mPAP) of >25 mm Hg beyond the first few months.

The document also highlights a critical need to better characterize unique aspects of developing lung circulation and basic mechanisms of pulmonary hypertension in the pediatric setting… (Medpage Today)
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Specialty Updates (News)


• The first randomized controlled trial to examine the effect of adding acupuncture or Alexander Technique exercises to usual care (medication and physical therapy) for chronic neck pain found promising improvements in pain reduction and self-efficacy, British researchers report in an article published in the November 3 issue of the Annals of Internal Medicine.

• A unique clinical case shows that a common tapeworm can transform itself into cancer cells once it starts to grow in a person with a weakened immune systems. The case is described by researchers from the Centers for Disease Control and Prevention (CDC), in Atlanta, Georgia, and was published November 5 in the New England Journal of Medicine.

• Failure of mirror therapy to relieve phantom limb pain may often be the result of insufficient length of treatment. The more severe the pain, the longer the time required, indicates a new study presented at the XXII World Congress of Neurology. But even then, positive results should be apparent within about 3 weeks if the therapy is going to work.

• An American Medical Association–led coalition of 111 medical societies asked Congress yesterday to force the government to refocus stage 3 of the meaningful use electronic health records (EHR) incentive program. Although the associations' letters to the leaders of the House and the Senate did not call for stage 3 to be eliminated, they demanded that legislation be enacted to prevent what the societies view as the failure of stage 2 from being repeated in the third stage.

• Individuals reporting consumption of two or more sweetened beverages daily in the men-only study showed an adjusted hazard ratio for incident heart failure of 1.23, relative to those reporting no such drinks in their diets, as reported by Susanna Larsson, PhD, of the Karolinska Institute in Stockholm, and colleagues in the journal Heart.

• Treatment of antiretroviral-naïve adults with HIV-1 with a nucleoside or nucleotide reverse transcriptase inhibitor (NtRTI)-sparing regimen is associated with less bone loss, according to a substudy of the NEAT001/ANRS143 trial.

• US regulators want food companies to be more proactive in preventing food-borne diseases, citing new data showing that multistate outbreaks - which involve widely distributed products - cause more than half of all food poisoning deaths, even though they account for just 3% of all outbreaks.

• HIV-infected children previously exposed to nevirapine to prevent maternal HIV transmission who are switched to efavirenz-based therapy do not have significantly higher rates of viral rebound or viral failure compared with those who continue receiving ritonavir-boosted, lopinavir-based therapy, according to results from a South African study published in the November 3 issue of JAMA.

• Nearly one in six advertisements in widely read parenting magazines contain images depicting practices or products that violate recommendations from the American Academy of Pediatrics (AAP), a new study presented American Academy of Pediatrics (AAP) 2015 National Conference.

• Patients with Allan-Herndon-Dudley syndrome (AHDS), an extremely rare, X-linked disorder causing moderate to severe intellectual disability and problems with movement, show significant improvement in total triiodothyronine (T3) levels in response to treatment with the T3 analog triiodothyroacetic acid (triac), according to new research presented at the 2015 International Thyroid Congress and Annual Meeting of the American Thyroid Association (ITC/ATA).
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22nd MTNL Perfect Health Mela, the annual flagship event of the Heart Care Foundation of India
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Breaking news
Indian Pharmacopoeia Commission set to become the first WHO Collaborating Centre for Safety of Medicines and Vaccines in SE Asia

The Indian Pharmacopoeia Commission (IPC) is set to become the first WHO Collaborating Centre for Safety of Medicines and Vaccines in the South-East Asia Region. This was stated by Shri J P Nadda, Union Minister of Health and Family Welfare while addressing the 38th Annual Meeting of Representatives of the National Pharmacovigilance Centres participating in the World Health Organization Programme for International Drug Monitoring, organized by the Indian Pharmacopoeia Commission (IPC) and World Health Organization (WHO), here today.

Shri Nadda said that drug safety related issues pose a major challenge for healthcare professionals, regulators and pharmaceuticals industry and this is where Pharmacovigilance, plays a significant role in ensuring quality, safety and efficacy of medical products. Given the critical role that it plays, it is imperative that Pharmacovigilance is developed as an effective instrument for understanding and prevention of adverse effects or any other drug related problems. Pharmacovigilance is increasingly gaining significance in safeguarding public health in India also, the Minister added.

The Health Minister emphasized that that success of pharmacovigilance depends on state of art reporting, cutting edge use of information and communications technology to process and analyze information for immediate corrective measures. This needs to be supported by a highly calibrated audit process, he added. He also said that building a strong pharmacovigilance frame-work in all countries is essential for ensuring public health outcomes which would require close collaboration between a large number of professionals and multi-constituency stakeholders - both nationally and internationally, and internationally recognized standards on pharmacovigilance … (PIB)
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Indian Medical Association National Satyagraha for a Healthy India
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Health Ministry releases funds for Cancer Care Facilities in Himachal
The Ministry of Health and Family Welfare today sanctioned grants amounting to more than Rs. 14 crore for Tertiary Care Cancer Centre at Indira Gandhi Institute of Medical Sciences, Shimla. The total cost of the project is around Rs 45 crore and this is the first installment of the Government of India’s for this important project in this region. The grant-in-aid of Rs 14.87 crore has been released under the Tertiary Cancer Centre Scheme of National Programme for Prevention and Control of Cancer, Diabetes, cardio-Vascular diseases and Stroke (NPCDCS), 2015-16. “This would help in significantly enhancing the capacity to treat cancer patients in the state of Himachal Pradesh. It is part of our commitment to strengthen the health care infrastructure in Himachal Pradesh both quantitatively as well as qualitatively,” said Union Health and Family Welfare Minister Sh. J P Nadda… (PIB)
Tamil Nadu Medical Council to issue ‘smart’ certificates to doctors

The Tamil Nadu Medical Council (TNMC) has decided to issue certificates to all doctors which carry an encryption. Patients can now use a mobile app to swipe the certificate and verify details of the doctor to ensure they are not quacks. A leading daily has reported that these certificates have to be displayed in doctors’ clinics along with the doctor’s photo, name, registration number and field of specialisation. Patients can send an SMS with the doctor’s name and registration number to 56767 to check if the doctor is registered with the TNMC. In case the doctor turns out to be fake, patients can complain to the TNMC. Patients will also be able to use the Q Reader app to verify the doctor’s details… (DNA)
Taiwan launches digital map on dengue outbreak

Taiwan's health department on Tuesday released a map that informs the public of dengue fever outbreaks. The map divides the island into neighbourhood units, each with around 450 residents, Xinhua news agency reported. A unit is highlighted on the map if there has been at least two cases of dengue in the last fortnight, according to a statement by the department. "We hope the map will help people take precautions," the statement said. Taiwan recorded 337 new dengue cases on Monday, bringing the total number of cases to 29,921 since May. Three new deaths, which are suspected to be linked to dengue, were reported on Monday. The confirmed toll is 129. Taiwan has managed to control the epidemic with a 30 percent drop in new cases from last Monday, said the statement… (The Pioneer – IANS)
Humor

Old Computer Terms
BIT: A word used to describe computers, as in "Our son’s computer cost quite a bit."

BOOT: What your friends give you because you spend too much time bragging about your computer skills.
Readers column
Dear Dr Aggarwal, Congratulations and wish you all the success for the Perfect Health Mela. Dr S Kant
Press Release
Day two ofHCFI’s MTNL 22nd Perfect Health Mela educates school children about the prevention of modern day epidemics like diarrhea, dengue, and Swine Flu

Key events included Heritage, Harmony, and eco-fest, which were attended by over 3000 students

To ensure the health and well-being of a Nation and to tackle the increasing incidence of lifestyle disorders from its very root, early preventive health education is extremely important. Keeping this in mind, the 22nd edition of Heart Care Foundation of India’s annual flagship event, the MTNL Perfect Health Mela dedicated its second day to inter-school competitions all themed around preventive health. Various competitions such as Indian classical dance, instrumental orchestra, eco-model creation, collage making along with paper bag making were held. The topics included saving mother earth, preventing water and mosquito-borne diseases by keeping one's environment clean, prevention of the depletion of the ozone layer for a cancer free society amongst others.

Over 20 schools participated including renowned names such as KR Mangalam, Army Public School, DAV Public School, The Indian School, SD Public School, Mayur Public School, DPS Sushant Lok, DAV RK Puram and Birla Vidya Niketan. The students fromIndian School stole the show by bagging four awards in total.

Speaking about the event, Padma Shri Awardee Dr. KK Aggarwal - President HCFI and Honorary Secretary General IMAsaid, “It has been Heart Care Foundation of India’s constant endeavor to continuously develop engaging and consumer driven modules to educate the masses about the importance of preventive healthcare and the Perfect Health Mela has been one of the most successful examples. Children from their early school years itself must be educated about basic disease prevention and the importance of health and hygiene. By keeping one's surroundings clean over 50% of the country's disease burden can be eliminated. In addition to this, children must also be taught about the dangers of smoking, obesity and eating unhealthy high-trans-fat food."

In addition to the inter-school competitions, the Rajasthani Academy showcased in a special event, a dance recital depicting the beauty and culture of Rajasthan. A total of 65 participants mesmerized the audiences by their performance. The Sahitya Academy also put up an outstanding cultural show for the audiences. The Alpana Institute won the Odissi dance competition.

School students and other participants were also trained in the life-saving technique of Hands-only CPR 10 for the revival of people after a sudden cardiac arrest. The Hands-only CPR 10 formula is –within 10 minutes of the cardiac arrest (earlier the better) for 'at least' 10 minutes (longer the better) compress the center of the chest of the victim, continuously and effectively, with a speed of at least 10 x 10 (i.e.100) per minute. Early intervention can help save lives.

An annual flagship event of the Heart Care Foundation of India, the 22nd MTNL Perfect Health Mela is taking place at the Talkatora Indoor Stadium from Nov 4-8, 2015. Shri Satyendar Jain – Hon’ble Minister of Health & Family Welfare, Govt. of NCT of Delhi and Padma Vibhushan Awardee Dr. Sonal Mansingh, inaugurated the event on November 4th.

To know more about the Perfect Health Mela, please visit www.perfecthealthmela.com
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