Pathways to Higher Education

National Resource Kit : The West Bengal Chapter (Call for Comments)

anandi — 2013-11-07T06:19:34Z

The National Resource Kit team is pleased to bring you its research on the state of laws, policies and programmes for persons with disabilities in the state of West Bengal.

Note: The chapter is an early draft and will undergo subsequent modifications. We welcome comments and feedback from our readers.

Executive Summary

The state of West Bengal has issued the West Bengal Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules 1999 to implement the provisions under the central Persons with Disabilities (Protection of Rights, Equal Opportunities and Full Participation) Act 1995.

The Department of Women and Child Development and Social Welfare is primarily responsible for the welfare of persons with disabilities in the state. The government of West Bengal has issued six notifications in education, ten notifications in employment and training, ten notifications in health and rehabilitation, ten notifications in social protection and two notifications in transport for persons with disabilities.

Capital: Kolkata

Population: 91,347,736

Population of persons with disabilities: 1,847,184

Literacy: 77.08%

HDI: 0.625 Ranked: 19th (2005 status)

Department: Department of Women and Child Development and Social Welfare

Other authorities: Office of the Chief Commissioner for Persons with Disabilities

Click to download the West Bengal chapter (PDF, 344 Kb)

For more details visit https://cis-india.org/accessibility/blog/the-west-bengal-chapter

National Resource Kit : The Kerala Chapter (Call for Comments)

anandi — 2013-11-07T06:20:04Z

The National Resource Kit team is pleased to bring you its research on the state of laws, policies and programmes for persons with disabilities in the state of Kerala.

Note: The chapter is an early draft and will undergo subsequent modifications. We welcome comments and feedback from our readers.

Statistics

Capital: Tiruvananthapuram
HDI Rank: 1^st

Literacy: 1^st in India with a literacy of 93.91 per cent

Population:33,387,677
Population of Persons with Disability: 2.7 per cent. The district of Malappuram has the highest number of persons with disabilities, followed by Thiruvananthapuram and Ernakulam.[1]

Ministries and Departments

Department of Social Welfare – responsible for protection of rights of persons with disabilities.
Directorate of Social Welfare (under Department of Social Welfare) – nodal authority that implements central and state government programmes in Kerala.

Government run Organisations

The Kerala State Handicapped Persons Welfare Corporation
The Commissionerate of Persons with Disabilities
The National Institute of Speech and Hearing
The Central Social Welfare Board

Legal Provisions

Kerala does not have a legislation specifically for persons with disabilities in the state but implements the central legislation – the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995. The state also issues various schemes, policies and notifications for persons with disabilities. The Department of Social Welfare has implemented some central and state schemes for persons with disabilities in the state,[2] while some schemes are being implemented by the Kerala State Handicapped Persons Welfare Corporation (KSHPWC).[3] These are listed below under various categories as:

Accessibility
The Department of Local Self Governance vide G.O. (MS) No.41/11/LSGD, Thiruvananthapuram, dated 14/02/2011 have issued rules for housing which also include special provisions for accommodation of the requirements of persons with disabilities. These include provision of ramps, lifts, convenient parking slots and removal of architectural barriers.
Personal mobility

Persons with disabilities with a regular and reasonable income and having to travel regularly on work are given a subsidy of Rs. 2000 linked with bank loan for procuring motorised tricycles / vehicles.[4]

KSHPWC supplies aids and appliances every three years to Persons with Disabilities with annual income less than Rs. 60,000 (see note 3). These include: artificial limbs, tricycles, wheelchairs, callipers, crutches, hearing aids, white canes, colostomy bags, etc. The beneficiaries are selected at medical camps held at district, block and panchayat levels.
Subsidy of Rs.10,000 is provided by KSHPWC to each self-employed young disabled person for procuring motorized tricycle upon applying in the proper format with attested copies of original bill, registration and insurance documents, and photographs (see note 3).
Education
Through the Kerala Right of Children to Free and Compulsory Education Rules, 2010, the government provides free and compulsory education for children with disabilities until the age of 18. The rules also provide for inclusive education, special schools for severely disabled children, learning aids and appliances, training for special teachers and vocational training for children with disabilities.
Three seats are reserved for persons with disabilities in arts and science colleges and engineering colleges, nine seats are reserved in polytechnic colleges, five seats are reserved in ITIs, five per cent seats are reserved in junior technical colleges and 25 per cent seats are reserved for teachers in special schools (see note 4).

Scholarships are given to children with disabilities where annual income of parents is less than Rs. 24,000 at Rs. 30 per month for children in classes I – IV and Rs. 45 per month for children in classes V – VIII. For students in higher classes, scholarships are provided for day scholars and residential students with special allowance for readers. In addition to the scholarships, students with orthopaedic impairment are given Rs. 25 per month for maintenance of prosthetic / orthopaedic aids (at the recommendation of the head of the institution) and Rs. 50 per month as transportation allowance (see note 4).
Children with mental disabilities where the annual income of parents is less than Rs. 24,000 are given scholarships upto the age of 21 at the scale of Rs. 60 per month with dress allowance of Rs. 40 and school requisite allowance (see note 4).
The government runs two vocational training centres for persons with disabilities at Thiruvananthapuram and Kozhikode (see note 4).
Students with Disabilities who top their districts in the categories of Orthopaedic disability, speech and hearing impairment, visual impairment and mental retardation; in the SSLC and Higher Secondary exams are awarded Rs. 2,500 each. Awards of Rs. 5000 are given to state rank holders in the above categories (see note 3).
Health: Details of policies / schemes for health unavailable.
Rehabilitation: The state runs community based rehabilitation programmes and vocational training centres for persons with disabilities (see note 2).
Employment: The state provides three per cent reservation in classes I, II (videG.O. (RT) No. 291/2012/SWD dated, Thiruvananthapuram 20^th June 2012), III and IV (vide G.O. (P)No.20/98/P&ARd dated, Thiruvananthapuram, 14 July, 1998) of state government jobs and PSUs. Three per cent reservation is also provided on part-time contingency posts and one per cent worker class vacancies in the government, corporations and companies are reserved for persons with disabilities (see note 4).

An age relaxation of ten years on the upper age limit is provided to persons with disabilities for applying to government jobs. Upto 10 grace marks can be given to persons with disabilities at the discretion of the Public Service Commission for direct recruitment to various posts except those that are specifically excluded (see note 4).
Persons with disabilities are allowed a special casual leave of 15 days for treating an illness that is directly connected with their disability vide G.O. (P) 249/84/Fin. Dated 9–5–84.
Loans for self employment are being given to persons with disabilities by banks through KSHPWC for setting up self employment programmes. A subsidy of Rs. 2000 linked with the bank loan is given to each beneficiary (see note 4).
KSHPWC channelizes loans from the National Handicapped Finance and Development Corporation to Persons with Disabilities at low interest rates for self-employment. Applicants must have at least 40 per cent disability and their family income should not exceed Rs. 3,00,000 for rural and Rs. 5,00,000 for urban applicants (see note 3).
KSHPWC runs the following commercial units to provide employment to persons with disabilities (see note 4): Sowbhagya Department Store – Thiruvananthapuram, Sowbhagya Department Store – Kozhikode, Sowbhagya Extension Counter, MLA Quarters – Thiruvananthapuram, Photocopier Unit, MLA Quarters – Thiruvananthapuram, and Envelope Making Unit – Thiruvananthapuram.
KSHPWC together with the Kerala State Lotteries Department implements the scheme through which disabled persons are identified throughout the state for undertaking agency for Lottery tickets and are given financial assistance of Rs. 5,000 for purchase and sale of lottery tickets.

Social Protection

Persons with disabilities in the categories of vision impaired, hearing impaired and orthopaedically disabled whose annual family income does not exceed Rs.3,600 are given a disability pension of Rs.85 per month.
Conveyance allowance of Rs.100 for vision impaired and locomotor disabled employees of aided schools and government departments and Rs.50 for part time employees are given vide G.O.(P) No. 521/87/Fin, dated 15.6.87.
Free travel facility is provided to the vision impaired on buses and boats and for the locomotor disabled on buses. Persons with 50 per cent or more locomotor disabilities are given 70 per cent concession on private buses to travel upto 40 kilometres (see note 4).
A distress relief fund has been created for persons with disabilities vide G.O. (MS) No. 4/95/SWD dated 24/1/95. A maximum amount of Rs. 2000 can be given for a case in a financial year and the amount can be extended to Rs. 8000 in exceptional cases. Persons with disabilities whose annual income does not exceed Rs. 12,000 can claim financial assistance for the following reasons (see note 4): for medical treatment including surgery, disability incurred due to an accident, any other purposes not covered by existing schemes for persons with disabilities, grant by the government under the grant-in-aid to persons with disabilities under the Deendayal Disabled Scheme (see note 2).
Under the Rajiv One Million Housing Scheme (see note 4), one per cent of the houses constructed for the economically backward class have been reserved for persons with disabilities.
KSHPWC operates a scheme for children who are below 8 years of age and have 60 per cent or more disability and whose parent’s have an annual income of less than Rs.60,000, the corporation deposits an amount of Rs. 15,000 for boys and Rs.20,000 for girls. The fund under this scheme is released after the child attains the age of 18 years for self-employment or marriage or as per requests after assessing the case. (see note 3).
A scheme run by the state offers marriage assistance to women with disabilities and to daughters of Persons with Disabilities (see note 2).
KSHPWC runs an old-age home for persons with disabilities at Parassala (see note 3).

Miscellaneous

State awards of Rs. 3000 per head are given to outstanding and efficient employees among persons with disabilities (see note 4)
Persons with disabilities are exempted from professional tax and road tax. They are given an additional income tax exemption of Rs. 5000 (see note 4).
The state also gives grant-in-aid for voluntary organisations running homes for the disabled and financial assistance for advocates with orthopaedic or visual impairment (see note 2).

Government Orders

Category	Headline	Issuing Authority	Number & Date	Briefs
Employment	Public Services Reservations for Physically Handicapped Persons – three per cent reservation for Class III and Class IV posts	Personnel and Administrative Reforms (Advice) Department	G.O. (P)No.20/98/P&ARD Dated, Thiruvananthapuram, 14 July, 1998	Orders issued for a maximum of 50 appointments each in the categories of subordinate service, last grade service and part-time contingent service being set apart every year for the appointment of persons with disabilities to the public services.
Employment	Reservation of three per cent vacancies in Class I and II posts in Public Services for appointment of physically disabled persons – post of Assistant Engineer (Civil), Public Works Department – eligibility for full participation in the selection process and appointment in respect of certain categories of physically disabled persons – clarified orders	Social Welfare Department	G.O. (RT) No. 291/2012/SWD. Dated, Thiruvananthapuram 20^th June 2012	This order has been issued in clarification to earlier orders issued for identification of posts for Persons with Disabilities.
Building construction	Kerala Panchayat Building Rules 2011	Local Self Governance Department	G.O. (MS) No.41/11/LSGD Dated, Thiruvananthapuram 14/02/2011.	Notification has been issued to regulate building construction. Provides for accessibility and elimination of architectural barriers.

Special Schools and Vocational Training Centres

Centre for Training and Rehabilitation of the Mentally Retarded, Thiruvananthapuram
Adarsha Rehabilitation Institute for Spastics and Neurologically Impaired, Kochi
Asha Niketan, Kozhikode
Jagathy Government School for the Blind, Thiruvananthapuram
Jagathy Government BHSS for the Deaf, Thiruvananthapuram
Kunnamkulam GS for the Blind, Kunnamkulam, Thrissur
Kunnamkulam GS for the Deaf, Kunnamkulam, Thrissur

Non Governmental Organisations for Persons with Disabilities

National Association of the Blind, Thiruvananthapuram
Kerala Federation of the Blind, Thiruvananthapuram
Kerala Institution of the Blind, Thrissur
All Kerala Association of the Deaf, Thrissur
Kerala Government Deaf Employees Union
Association for the Welfare of the Handicapped, Kozhikode
Kerala State Physically Handicapped Employees Association

For more details visit https://cis-india.org/accessibility/blog/national-resource-kerala-chapter-call-for-comments

National IPR Policy Series: RTI Requests by CIS to DIPP + DIPP Responses

nehaa — 2015-04-26T08:47:00Z

In earlier blog posts, we have discussed the development of India’s National IPR Policy (“the Policy”); comments by the Centre for Internet and Society (“CIS”) to the IPR Think Tank before the release of the first draft of the Policy and CIS’ comments to the IPR Think Tank in response to the first draft of the Policy. Continuing our National IPR Policy Series, this article documents our requests to the Department of Industrial Policy and Promotion (“DIPP” / “the Department”) under the Right to Information (“RTI”) Act, 2005 and the responses of the Department.

View the PDF here.

Details of RTI Requests Filed by CIS

In February, 2015, CIS had filed three RTI requests with the DIPP. The first request was four-pronged, seeking information related to first, the process followed by the Department in the creation of the IPR Think Tank; second, details and documents of a meeting held to constitute the Think Tank; third, details and documents of all/multiple meetings held to constitute the Think Tank; fourth, details of a directive/directives received from any other Government Ministry/authority directing the constitution of the Think Tank and fifth, the process of shortlisting the members of the Think Tank by the DIPP.

In our second RTI request, first, we requested details of the process followed by the Think Tank in the formulation of the Policy; second, we requested all documents relating to a meeting held for the formulation of the Policy; third, we requested all documents held for multiple meetings for the creation of the Policy and fourth, we requisitioned all suggestions and comments received by the Think Tank from stakeholders before the release of the Policy, that is, those suggestions/comments received in November, 2014.

In our third RTI request, also filed on also filed in February, 2015, we had asked the DIPP to indicate all suggestions and comments received by the IPR Think Tank from different stakeholders in response to the first draft of the National IPR Policy (to have been submitted on or before January 30, 2015 as per DIPP’s Public Notice).

Responses by DIPP to CIS' RTI Requests

The DIPP replied to our three RTI requests in multiple stages. At first, in a letter dated 12 February, 2015, we were directed to resubmit our application , seemingly because we hadn’t addressed the Postal Money Order to the correct authority, and were directed to do the same. Funnily enough, we received three other responses – one for each of our RTI requests (the first of these is not dated; the second one is dated 19 February, 2015 and then revised to 26 February, 2015; and the third is also dated 26 February, 2015).

The First Response: On the Constitution of the Think Tank

In the first of their responses to these requests, the Department has grouped our queries into five questions and provided a point-wise response to these questions, as under:

Please indicate in detail the process followed by the Department of Industrial Policy and Promotion for the constitution for an IPR Think Tank to draft the National Intellectual Property Rights Policy under Public Notice No. 10 (22)/2013 –IPR-III dated November 13, 2014 (sic).

In its response the Department notes that it convened an interactive meeting on IPR issues which was chaired by the Minister for Commerce and Industry (Independent Charge), i.e., Ms. Nirmala Sitharaman. As per the Department’s response, this meeting was held on 22 September, 2014 (“the Meeting”) and was aimed at discussing issues related to IPRs, including finalization of the Terms of Reference for IPR Think-Tank proposed to be established (sic.) The Department also notes that representatives from various Ministries/Departments, Member of various Expert Committees constituted by the Department, besides IP experts and other Legal Practitioners (sic) were invited to the meeting. The Department then states that the composition of the Think Tank was decided on the basis of the discussions held in the department after the said interactive Meeting (sic).

If there was a meeting held to decide on the same, please include all necessary documents including the minutes of the meeting, records, documents, memos, e-mails, opinion, advices, press releases, circulars, orders etc in which the constitution of the aforesaid mentioned IPR Think Tank was decided (sic).

The Department has attached the Minutes of the Meeting held on 22 September, 2014 (“the Minutes”) and states that there were no documents or papers that were circulated at this meeting and that the participants were asked to present their views on various IP issues at this meeting.

Excerpts from the Minutes

The Secretary of the Department (Shri Amitabh Kant) refers to a (then) recent announcement made by the Minister of State for Commerce and Industry (“the Minister”) on the formulation of the National IPR Policy and the establishment of an IPR Think Tank and states that the meeting had been convened to discuss on various IPR issues with IP experts and legal practitioners so that it would provide essential inputs to the policy needs of the department (sic). The Minutes report that Mr. Kant further stated that the objective of the department was to have a world class IP system and that this included a comprehensive National IPR Policy and which takes care of various issues like IP creation, protection, administration and capacity building (sic). He is also reported to have said that such a stakeholder interaction was important for the government to seek inputs.

The Minister is reported to have said that the purpose of the meeting was to constitute an IP Think Tank that would regularly provide inputs to all IP policy needs of this department as well as advice government in disparate legal aspects (sic). The Minutes also report her to have said that the department would finalize an IP policy within ninety days of the Meeting, based on the inputs of the participants.

According to the Minutes, various issues emerged from the discussion. Inter alia, these include first, that the proposal to constitute the Think Tank was a welcome measure, along the lines of similar initiatives taken by Australia, South Kora, the United Kingdom and the United States of America; second, that in order to remove misconceptions held by foreign stakeholders about IP enforcement in India, there was a need to highlight judgments of Indian courts that were favorable to foreign stakeholders and MNCs; third, that the national policies on telecom, manufacturing and IP ought to be integrated; fourth, that the focus of the Policy should be increase in creation of IP including commercialization of IP and strengthening human capital and IP management and fifth, that empirical studies should be conducted to examine the feasibility of Utility Models protection, that there was a need to revise the law on Geographical Indications and that the Policy should include protection for traditional knowledge and guidelines for publicly funded research.

The Minister is then said to have identified six major areas during the discussion, including IP institution, legislation, implementation, public awareness, international aspects and barriers in IP growth as areas to be covered under the Policy.

Who attended the Meeting?

Attached with the Minutes was also a list of participants who attended the Meeting. Out of the thirty six attendees, I have not been able to locate a single individual or organization representing civil society. Participants include representatives from various government departments and ministries, including inter alia, the DIPP, the Department of Commerce, the Ministry of External Affairs, the Ministry of Information and Broadcasting, the Copyright Division from the Department of Higher Education of the Ministry of Human Resources Development, the Office of the Controller General of Patents, Designs and Trademarks and the Ministry of Culture. The Meeting was also attended by representatives of corporations and industry associations, including FICCI, CII and Cadila Pharmaceuticals; in addition to representatives from law firms including Luthra and Luthra, K&S Partners and Inventure IP and academics including, inter alia, faculty from the Asian School of Business, Trivandrum, Indian Law Institute, Delhi, Tezpur University, Assam, National Law University, Delhi, NALSAR University of Law, Hyderabad, the Indian Institute of Technology, Madras and the National Law School of India University, Bangalore.

If there were multiple meetings held for the same please provide all necessary documents including the minutes of all such meetings, records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders etc. for all such meetings held (sic).

The Department answered, “No”; which I’m taking to mean that there weren’t other meetings held for the formulation of the Think Tank or the Policy. This is interesting, because the Minutes (referred to earlier) speak of another inter-ministerial meeting including IP experts and legal practitioners slated to be held around the 10^th of October, 2014, to discuss the framework of the Policy.

If a directive or directives were received by the Department of Industrial Policy and Promotion from any other government body to constitute such a think tank, please provide a copy of such a directive received by the DIPP from any Government authority, to constitute such a Think Tank (sic).

The Department answered, “No”; which I’m taking to mean that there was no communication received by the Department to constitute this Think Tank.

Please indicate in detail the process of shortlisting the members of the IPR Think Tank by the Department of Industrial Policy and Promotion or any other body that was responsible for the same (sic).

The Department replied that the answer to this was the same as that to the first question.

The Second Response: The Drafting of the Policy

The second of the Department's responses to our requests came in the form of separate responses to each of our four questions, as under:

Please indicate in detail the process followed by the IPR Think Tank constituted by the Department of Industrial Policy and Promotion via Public Notice No. 10 (22)/2013-IPR-III dated November 13, 2014 while framing the first draft of the National IPR Policy dated Dec. 19, 2014 (sic).

The Department stated that the IPR Think Tank conducted its meetings independently without any interference from the Department. The Department then stated that the Think Tank had received comments from stakeholders via a dedicated email id and conducted the interactive meeting with stakeholders while framing the draft on the National IPR Policy.

If there was a meeting held to decide on the same, please include all necessary documents including the minutes of the meeting, records, documents, memos, e-mails, opinion, advices, press releases, circulars, orders, suggestions etc. related to drafting of such National IPR Policy Think Tank chaired by Justice Prabha Sridevan (sic).

The Department replied that since the IPR Think Tank had decided its process by themselves (sic), the Department do not have the minutes of the meeting etc. conducted by the IPR Think Tank (sic). It attached with its reply a copy of the press releases announcing the composition of the Think Tank and asking stakeholders to submit comments to the first draft of the Policy.

If there were multiple meetings held for the same, please provide all necessary documents including the minutes of all such meetings, records, documents, memos, e-mails, opinions, advices, press releases, circulars, order suggestions etc. for all such meetings held (sic).

The Department replied that the response to this was the same as that to the earlier question above.

Please provide all the suggestions and comments received by the IPR Think Tank from stakeholders after the DIPP issued Public Notice No. 10/22/2013-IPR-III dated 13.11.2014 asking for suggestions and comments on or before November 30, 2014 (sic).

The Department replied that the comments and suggestions were received by the Think Tank directly and that therefore, the Department was not in a position to provide the same.

The Third Response: Stakeholder Comments

In its third and final response to our requests, the DIPP replied to our query as under:

Please indicate all the suggestions and comments received by the IPR Think Tank by different stakeholders on or before January 30, 2015 on its first draft of the National Intellectual Property Policy submitted by the IPR Think Tank on December 19, 2014.

The Department said that the suggestions and comments on the draft on National IPR Policy have been received by the IPR Think Tank directly. As such this Department is not in a position to provide the same (sic.).

Observation on the DIPP's Responses

Prima facie, the responses by the Department are rather curious, leading to a range of oddities and unanswered questions.

Who Will Watch the IPR Think Tank

In its response to our first RTI request, the Department quite clearly stated that it decided the composition of the IPR Think Tank based on discussions in a meeting that it convened, which was also chaired by the Minister of State for Commerce and Industry, the parent ministry of the DIPP. In the same response, the Department also stated that it had not received any directive from any other ministry/government department directing the constitution of the IPR Think Tank, leading to the conclusion that this decision was taken by the DIPP/the Ministry of Commerce and Industry itself. Subsequently however, the Department justified its refusal to furnish us with documents leading to the development of the first draft of the National IPR Policy (contained in our second RTI request) by stating that the IPR Think Tank conducted its business without any interference from the Department, and that the Department did not have access to any of the submissions made to the IPR Think Tank or any of the internal minutes of the meetings etc. that were a part of the process of drafting the IPR Policy.

Various press releases by the DIPP have stated that it has constituted the IPR Think Tank, and that the purpose of the IPR Think Tank would be to advise the Department on IPR issues. Visibly, the Department intends for the IPR Think Tank to play an active role in shaping India’s IP law and policy, including suggesting amendments to laws wherever necessary. It is concerning therefore that on the question of accountability of the IPR Think Tank, the DIPP remains silent. It may be argued perhaps, that the IPR Think Tank constitutes a ‘public authority’ under Section 2(h)(d) of the Right to Information Act, 2005 (“RTI Act”). In that case, the IPR Think Tank would have to fulfill, inter alia, all of the obligations under Section 4 of the RTI Act as well as designate a Public Information Officer. Alternatively, given that the IPR Think Tank has been constituted by the DIPP and performs functions for the DIPP, the Public Information Officer of the DIPP would have to furnish all relevant information under the RTI Act (including the information that we sought in our requests, which was not provided to us).

Who are the Stakeholders

Even a preliminary look at the list of participants at the Meeting (based on which the Department constituted the IPR Think Tank) reveals that not all stakeholders have been adequately represented. I haven’t been able to spot any representation from civil society and other organizations that might be interested in a more balanced intellectual property framework that is not rights-heavy. The following chart (based on a total sample size of 36 participants, as stated in the list of participants provided to us by the DIPP) will help put things in perspective.

What Could've Been Done?

Setting aside arguments on its necessity, let us for the moment assume that this drafting of the National IPR Policy is an exercise that needed to have been undertaken. We must now examine what might possibly be the best way to go about this.

In 2014, the World Intellectual Property Organization (“WIPO”) (based on whose approach the Policy seems to have been based- at least in part), produced a detailed Methodology for the Development of National Intellectual Property Strategies, outlining a detailed eight step process before a National IP Policy was implemented in a Member State. While this approach is one to be followed by the WIPO and might not be entirely suited to India’s drafting exercise, specific sections on the national consultation process as well as the drafting and implementation of national intellectual property strategies might prove to be a decent starting point.

(More on this in an upcoming article).d

Where Do We Go From Here?

The DIPP’s responses have left me with more questions, probably the subject of more RTI requests. Is the IPR Think Tank a public authority for the purposes of the Right to Information Act, 2005? To whom should questions of informational accountability of the IPR Think Tank be addressed, if there is no information available on the IPR Think Tank, and the DIPP claims to have no access to it? Do we need to re-examine the draft National IPR Policy given that there has been inadequate representation of all stakeholders? What were the suggestions made by different stakeholders, and (how) have these been reflected in the first draft of the Policy? Was there an evaluation exercise conducted before the first draft of the Policy was released in order to better inform the formulation of the Policy?

We will be looking at these and other questions as they arise, and sending some of these to the DIPP in the form of RTI requests. (Watch the blog for more).

For more details visit https://cis-india.org/a2k/blogs/national-ipr-policy-series-rti-requests-by-cis-to-dipp-dipp-responses

National IPR Policy Series : CIS Comments to the First Draft of the National IP Policy

nehaa — 2015-02-09T00:59:10Z

The Department of Industrial Policy and Promotion, Government of India invited comments on the First Draft of India's National IPR Policy. The Centre for Internet & Society (CIS) made this submission. The comments were prepared by Nehaa Chaudhari, Pranesh Prakash and Anubha Sinha. We also thank our intern, Varnika Chawla for her assistance.

The press release from the Department of Industrial Policy and Promotion in which it invited comments is here. The First Draft of India's National IPR Policy is here. Click to view the PDF. Note: In some places there might be references to paragraph/page numbers (of the document) and for that readers should refer to the PDF since the formatting in HTML is slightly different.

Preliminary

This submission presents comments from the Centre for Internet and Society, India ("CIS")¹ on the proposed National Intellectual Property Rights Policy ("the Policy") to the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India.("DIPP").
This submission is made in response to the requests and suggestions from stakeholders sought by the DIPP in its Press Release. ²
CIS commends the DIPP for this initiative, and appreciates the opportunity to provide comments on the National IPR Policy. CIS' comments are as stated hereafter.

About CIS

CIS³ is a non-profit research organization that works on among others, issues of intellectual property law reform,⁴ openness,⁵ privacy, freedom of speech and expression and internet governance,⁶ accessibility for persons with disabilities,⁷ and engages in academic research on digital humanities⁸ and digital natives. ⁹
CIS is an accredited Observer¹⁰ at the World Intellectual Property Organization ("WIPO"), enabling us to attend formal meetings of member states and participate in debates and consultations on various issues. CIS has been attending meetings of the WIPO Standing Committee on Copyright and Related Rights since 2010. At these sessions, CIS has actively participated through various interventions, emphasizing the adoption of an approach balancing the rights holders' perspective with public interest. CIS has also attended sessions of some other committees at WIPO, made interventions wherever applicable, produced reports of these meetings, and profiled the work of other non-governmental organizations engaging in similar work on intellectual property law and policy reform. ¹¹
CIS undertakes research in other fields of intellectual property, in addition to WIPO-related work. Over the past five years since our inception, some of our key research has included analyses of intellectual property issues of the proposed Indo-EU Free Trade Agreement¹² and other free trade agreements,¹³ the US Special 301 Report,¹⁴ the (2010) amendment to the Copyright Act, 1957,¹⁵ the (draft) Science, Technology and Innovation Policy,¹⁶ parallel importation, ¹⁷ the (draft) Patent Manual and the subsequent Guidelines for Computer Related Inventions,¹⁸ royalty caps,¹⁹ copyright exceptions and limitations for education, ²⁰ and the preparation of the India Report for the Consumers International IP Watch List.²¹

Structure of this Submission

This submission is divided into 4 parts. The first part gives a preliminary overview of the suggestions submitted by CIS. The second part highlights the principles that should be followed in the formulation of a National IPR Policy, the third part provides detailed comments and recommendations for the National IPR Policy and the last part provides certain concluding remarks.

Principles

The characterization of intellectual property rights may be two-fold - first, at their core, intellectual property rights, are temporary monopolies granted to inter alia, authors and inventors; and second, they are a tool to ensure innovation, social, scientific and cultural progress and further access to knowledge. This dual nature and purpose of intellectual property protection is particularly critical in developing economies such as India. Excessive intellectual property protection could result in stunted innovation and negatively impact various stakeholders.²² It is therefore our submission that the development of the IPR Policy be informed by broader principles of fairness and equity, balancing intellectual property protections with limitations and exceptions/user rights such as those that promote freedom of expression, research, education and access to medicines, cultural rights, data mining, use of governmental works, etc.

Detailed Comments

This section will detail CIS' submissions on various aspects of the National IPR Policy. Submissions have been categorised thematically.

On the Vision

It is submitted that the Vision of the National IPR Policy ("Vision") in encouraging growth for the 'benefit of all' and in accepting the philosophy that knowledge owned 'is transformed into knowledge shared' ²³ is commendable.However, the vision is at odds with the methods proposed in the document. True advancement in science and technology, arts and culture, protection of traditional knowledge as well as bio-diverse resources and the true sharing of knowledge would be impaired by a system centred only around the development and maximization of intellectual property.
An attractive social culture would be one where citizens had access to a cornucopia of ideas and information, thereby fostering an environment of cultural diversity, which would enable individuals to shape themselves. Indeed, this is not just an ideal, but is a right recognized under Article 27(1) of the Universal Declaration of Human Rights, and Article 15 of the .²⁴ However, an IP maximization approach, which the draft stategy seems to embrace, hinders the growth of such a culture, creating a protectionist environment while preventing access to various resources which may be of use for further innovations.
The question of whether IP rights given to innovators are the most effective tools to promote innovation in society has been widely discussed in economics, politics and law, especially in the last four decades.²⁵ Traditional arguments in favour of temporary monopolies incentivising innovation have been effectively questioned as creating monopolies on innovation, contributing to increasing prices and a distorted allocation of resources, inefficiency and a net loss of welfare. ²⁶ It has also been effectively established that most innovation is incremental and cumulative, necessitating the access to pre-existing data and works.²⁷ It would be welcome if the huge amount of academic literature on these matter were taken into consideration by the expert group. While intellectual property rights are not per se antithetical to innovation, creativity, and cultural development, an IP-maximalist policy and law has been shown to harm those very objectives.
CIS therefore submits that the vision of the policy also reflect the commitment to the creation of a holistic and balanced framework of intellectual property rights in the nation with the recognition that an intellectual property-centric system would not necessarily be the best means of promoting creativity, innovation and access, the promotion of which are part of the stated desire of the policy.
Further, we believe that the principles of freedom of expression and of due process of law, both of which are constitutionally-recognized rights in India, should be recognized in the vision as principles that any intellectual property rights regime should respectively seek to promote and respect.

On the Mission

CIS appreciates the commitment to establish a balanced, dynamic and vibrant intellectual property system in India.²⁸ We recommend that the mission of the policy also include a commitment tofoster access to knowledge as well as the commitment to creating asystem of intellectual property rights which serve the public interest by strengthening limitations and exceptions to IP regimes, which are aimed to provide a public interest oriented counterbalance to the monopoly rights granted under IPR laws.
We believe that preventing unreasonable and disproportionate remedies to IPR law violations are an important part of ensuring that these laws serve the public interest rather than subvert them for purely private interests. This important principle ought to find reflection in the policy's mission statement.
It is suggested that in addition to public health, food security and the environment²⁹, other areas of socio-economic and cultural importance, including inter alia,foundational scientific research, education, disability rights, and access to knowledge, be added as additional areas that warrant special protection , in the mission statement.
It is submitted that these commitments are essential to the creation and working of a balanced intellectual property framework that the Policy seeks to achieve.

On Objective 1: IP Awareness and Promotion

The first objective of the Policy lays out a detailed action plan for creating awareness about intellectual property as well as for the promotion of intellectual property. The underlying rationale for this endeavour has been identified on various levels - that there are economic, social and cultural benefits of intellectual property;³⁰ that intellectual property protection accelerates development, promotes entrepreneurship as well as increases competitiveness; ³¹ and that the global regime is one of strongly protected intellectual property rights.³²
It is submitted that the identification of this underlying rationale is not backed by sufficient evidence. These justifications, in their pursuit of a favourable intellectual property regime do not present a balanced picture of all the facts.
Current existing empirical research does not show an unambiguous nexus between the granting of IP rights and an increase in innovation and productivity, as innovation and productivity cannot not identified with the number of patents awarded. ³³ This can be seen in the US economy, where despite an enormous increase in the number of patents, there has been no dramatic acceleration in technological progress. ³⁴ In fact, studies prove the contrary to be true. In the United States, patenting increased drastically over the last few decades, quadrupling from 59,715 patents being issued in 1983, to 244,341 in 2010. However, according to the Bureau of Labour Statistics, annual growth in the total factor productivity reduced from 1.2% in 1970-79 to below 1% in 2000-09, ³⁵ whereas the annual expenditure on research and development saw hardly any change, oscillating in a band of 2.5% of the GDP for over three decades.³⁶ In relatively new industries such as software and biotechnology, still in their nascent stages of development, patenting has been introduced without any positive contributions to innovation. In fact, in their empirical work described in Patent Failure (2008), ³⁷ Bessen and Meurer have argued that increased patenting has resulted in decreased social welfare.
Further, no unambiguous connections have been found between innovation and intellectual property rights in academic studies. In a meta-study conducted in 2006,³⁸ Boldrin and Levine observed that there was weak or no evidence which suggested that strengthening the patent regime led to an increase in innovation. Similarly, it was observed by Jaffe that "despite the significance of policy changes and the wide availability of detailed data relating to patenting, robust conclusions regarding the empirical consequences for technological innovations of changes in patent policy are few. There is widespread unease that the costs of stronger patent protection may exceed the benefits. Both theoretical and, to a lesser extent, empirical research suggest this possibility." ³⁹
In his study of 60 nations over the past 150 years, Josh Lerner concluded that "the impact of patent protection-enhancing on innovation was in fact negative, thereby running counter to assumptions made by economists that incentives affect behavior and that stronger property rights encourage economic growth.⁴⁰
Even in those studies, where support is found for a positive correlation between patents and innovation, it is made clear that this correlation is not applicable to developing and least-developed countries. This, for instance, is the conclusion of the United Nations Industrial Development Organization's meta-study titled "The Role of Intellectual Property Rights in Technology Transfer and Economic Growth: Theory and Evidence". ⁴¹
It is crucial that all policy be based on evidence, and not ideology.
Thus, it is submitted that any program that seeks to create awareness about intellectual property must necessarily be one that presents a balanced view, clearly stating all facts and as many diverse opinions as possible; avoiding the current situation where public interest groups and academics are sidelined in favour of rights-holders groups.
CIS submits that the nation-wide program of promotion on the benefits of intellectual property ⁴² must be based on evidence. Crucially, the importance of the public domain, for which a great deal of evidence exists,⁴³ must highlighted in any such also equally promote the importance the role of limitations and exceptions and clearly identify the issues with the intellectual property system, including the fact that it has not been proven that there is a nexus between intellectual property and innovation. The nation wide program should convey the role of different stakeholders, including libraries and archives, organizations working with persons with disabilities and educational institutions and the negative effects of a rights centric intellectual property system on such important institutions.
It is important that public-funded research organizations should be engaged in neutral - non-industry funded -research, and not campaigns (as identified in the policy).⁴⁴ This will help identify the issues of the present intellectual property system as well as the potential for reform, tailored to the Indian context. We have to ensure that campaigns - as with policymaking and pedagogic material - are based on research rather than faith or ideology. It is further submitted that course materials to be created for educational institutions at all levels as well as for online and distance learning programs ⁴⁵ should include a discussion on the drawbacks of a maximalist intellectual property system, a discussion on limitations and exceptions, alternatives to intellectual property, as well as case studies from different parts of the world highlighting the use of intellectual property as well as alternatives in a socio-economic and culture specific environment. Particularly in the case of education institutions as well as online and distance learning mechanisms, which are often faced with great challenges as a result of rights-holders centric intellectual property laws, the irony in promoting a system that only acts to their detriment would be great.

On Objective 2: Creation of IP

The second objective of the Policy seeks to stimulate the creation and growth of intellectual property through measures that encourage IP generation.⁴⁶ This objective seeks to encourage IP generation and creation across various sectors, including the introduction of the system of 'utility models' in India. There are several problems with this objective, primarily that it assumes IP generation is necessarily a means to innovation, whereas it is submitted that the emphasis should be on innovation holistically, including by incentive mechanisms other than IP.

On the IP-Innovation/ Creativity Nexus

It is submitted that similar to the earlier objective relating to the promotion and the creation of awareness about intellectual property, the underlying rationale behind this objective too seems to be the perception that there is a positive correlation between greater amounts of intellectual property and greater innovation, and the belief that intellectual property protection necesarrily promotes innovation. However, there is relatively little research to back this assumption. Illustratively, the following example may be considered. In a study conducted by Heidi L. Williams,⁴⁷ the sequencing of the human genome was used to provide an empirical context to showcase the deterioration in development due to the presence of IP. It was concluded by Williams that the presence of IP rights in the sequencing of the human genome resulted in reductions in subsequent scientific research and product development by up to 20-30%. ⁴⁸ Williams further observed that "if more socially valuable technologies are more likely to be held with IP, then the welfare costs for the same could be substantial." The presence of intellectual property rights, it is argued, stifles subsequent product development by restricting access to the data or technology required for further development. ⁴⁹
Prof. Petra Moser of Stanford has conducted a large volume of research on economic evidence on the linkages between patents and innovation. Her research, which shows that in the 19th century the majority of inventions happened outside the patent system ⁵⁰ indicates that alternative explanations might explain inventions better, including "the importance of a culture of entrepreneurship,⁵¹ experimentation,⁵² the free exchange of knowledge, ⁵³ and science.⁵⁴ In a paper titled, "How do Patent Laws Influence Innovation", she concludes that "I find no evidence that patent laws increased levels of innovative activity but strong evidence that patent systems influenced the distribution of innovative activity across industries."
Prof. Bryan Mercurio, in a paper written for the World Economic Forum and the International Centre for Trade and Sustainable Development, concludes, "The empirical evidence suggests that increasing levels of patent protection have not resulted in increased innovation. Instead, it has limited competition, and increased the cost of business, to the detriment of the world economy. Innovation has also suffered, as increasing protection has inhibited the ability of many firms to innovate." He further recommends that we "conduct further research on the correlation or causal relationship between patents and innovation, including the indirect benefits for innovation that patent protection may provide". Petra Moser notes, "Patent laws that existed in the mid-nineteenth century had been adopted in a relatively ad-hoc manner, dependent more on legal traditions than economic considerations".⁵⁵
The empirical data collected by scholars, as provided above is goes to show that innovation is not necessarily benefitted by stronger patent regimes. Further, even the literature that asserts a positive correlation between the two acknowledge that this doesn't apply to developing countries. In addition, whilepatents may provide revenue to patent owners, it also makes further innovation more costly, thereby discouraging competitors from entering the arena due to high prices, and due to the large number of pre-existing patents. This effect, known as the
The Supreme Court of Canada, has for instance, has on multiple occasions recognized the importance of the public domain. In "2002, Justice Binne, writing for the majority in Théberge v. Galerie d'Art du Petit Champlain inc., stated: 'Excessive control by holders of copyrights and other forms of intellectual property may unduly limit the ability of the public domain to incorporate and embellish creative innovation in the long-term interests of society as a whole (para.32).' Two years later, in CCH Canadian Ltd. v. Law Society of Upper Canada, Chief Justice McLachlin spoke of the importance that there be 'room for the public domain to flourish as others are able to produce new works by building on the ideas and information contained in the works of others (para. 23).'"⁵⁶
Lastly, there is even evidence that in multiple sectors - including fashion, finance, font design, and software - lesser IP protection in the form of patents, trademarks, and copyright, actual encourages increased innovation.⁵⁷

On Utility Models

On the question of introduction of a new on utility models⁵⁸ CIS observes that DIPP has previously considered developing a framework for granting Utility Models for 'innovations' and invited suggestions on a discussion paper on the subject.⁵⁹ Reports ⁶⁰ suggest that Small, Medium and Micro Enterprises are in favour of the Utility Model Protection system in India because developing countries such as China and Korea have demonstrated a corresponding economic growth attributable to the introduction of the system. However, there is no evidentiary data to support this hypothesis. Studies suggest that there exist only correlations and not causal links between heightened innovative activity and implementation of utility model protection. ⁶¹ Empirical evidence on the role of intellectual property protection in promoting innovation and growth in general remains limited and inconclusive.⁶² Reports also suggest that in China, the abundance of Utility Model has led to lowering of quality of innovation. ⁶³ In Australia, an "innovation patent" - the Australian version of utility model protection - was awarded for a "circular transportation facilitation device", i.e., a wheel. ⁶⁴
It is this submitted that whether the ushering of a 2nd tier of protection model for lower and incremental innovations would have a positive impact on innovation in India is extremely debatable. There have been several criticisms of utility models, inter alia, explosion in litigation of poor quality patents and legal uncertainty - which impact small business the maximum in terms of costs ⁶⁵; the system may be more utilised by foreign companies rather than local firms, in which case there is a possibility that this will lead to an increase in a flow of royalties and licensing fees to overseas producers. Utility model rights can be, and have been, used by companies to cordon off entire areas of research. ⁶⁶
CIS submits that as the policy 'intends to harness the full benefits of creation and innovation in the larger interest of society and citizens' ⁶⁷ the introduction of a law on utility models would be antithetical to this objective.

On Improving IP Output of National Research Laboratories, Universities et al

The Policy seeks to improve the output of national research laboratories, universities and technical institutions, among others.⁶⁸ It is submitted that these institutions are public funded institutions, ⁶⁹ and in effect, this recommendation of the Policy seeks to therefore promote intellectual property creation in public funded institutions.
A significant chunk of research and development occurs at public funded academic and research institutions and, excessive use of IPR as a tool to creating private ownership rights over inventions may preclude use of such innovation by the public. This may also create a barrier to access the best technologies and research- which were funded by taxpayers' money to begin with. CIS supports the principle that IPRs resulting from of publicly funded research should automatically belong to the funder.⁷⁰
Further, it is submitted that there exists a danger of public funded research institutions re-orienting their objectives focus only on areas of commercial value. This may lead to neglect of certain research areas. A stringent policy will create an unfavourable conflict between revenue generation and sharing of public good. The policy must ensure that it is flexible and compensates the inventors whilst permitting public access to research.
CIS submits that there should be no encumbrances over public funded research and inventions. The Policy must also ensure that such proposed IP creation does not prevent or interfere with dissemination of public funded research. ⁷¹
CIS strongly supports the recent steps by government agencies (including the Department of Science and Technology and the Department of Biotechnology⁷² as well as other institutions including the Council of Scientific and Industrial Research⁷³, Indian Council of Agricultural Research⁷⁴ and Institute of Mathematical Sciences ⁷⁵) in making scholarly research openly accessible. The benefits of implementing an open access policy with regard to scientific and scholarly works are manifold. Providing open access to scholarly research will ensure percolation of cutting edge research into the society.
It is thus submitted that the Policy should adopt a more nuanced, cautious and balanced take on the creation of intellectual property, particularly taking into consideration India's economic status as an emerging economy and our international position. The Policy must recognise that there is no inherent societal merit in the mere creation of intellectual property and that innovation flourishes even in the absence of intellectual property protections.

On Objective 3: Legal and Legislative Framework

According to the Policy, the objective sought to be achieved is the creation of strong and effective laws on intellectual property, consistent with national priorities as well as our international obligations, balancing the interest of the rights holders with public interest. ⁷⁶
CIS fully supports the view that the legislative framework on intellectual property must balance the rights of all stakeholders and be in public interest. CIS is also appreciates the importance of national priorities in the framing of India's legislative framework. CIS also notes with appreciation that the discussion in the Policy reiterates that India's laws are in compliance with the TRIPS Agreement ⁷⁷ as well as the stance that India will continue to utilize the flexibilities available in international treaties as well as the TRIPS Agreement⁷⁸ while creating its legal framework.
CIS also supports the acknowledgement of the fact that India's laws need to be updated periodically, depending on various factors.⁷⁹ CIS fully supports the process proposed for amendments to the law, including,inter alia, the conduction of objective and analytical studies and inputs from various stakeholders. ⁸⁰ It is submitted however, that equal weightage must be given to the inputs from all stakeholders and measures must be taken to ensure that the interests and demands of rights-holders do not outweigh the interests and demands of other stakeholders, particularly those at the other end of the spectrum, who greatly rely on the existence and guarantee of flexibilities, limitations and exceptions to intellectual property.

On Utility Models and Intellectual Property in Public Funded Research

The Policy envisages significant changes to India's intellectual property system, including the creation of a law for the protection of utility models as well as introduction of intellectual property in public funded research.
CIS recommends that it would not be advisable to introduce intellectual property in public funded research as well as cautions against the introduction of a law on utility patents. A detailed submission on these issues has been made earlier in this document, in Section 3.4.3. at page 7 for intellectual property in public funded research as well as in Section 3.4.2. at page 6 on utility models.

On the Negotiation of International Treaties and Agreements

CIS commends the recommendation of the Policy that the negotiation of international treaties and agreements will be in consultation with various stakeholders. However, CIS cautions against entering into bilateral or plurilateral international agreements which increase India's IPR obligations beyond our current obligations under multilateral agreements. It was only in 2006 that
It is submitted that FTAs often levy standards which are beyond those found in the TRIPS Agreement, and have thus been criticized. ⁸¹ A central aspect of this criticism is that TRIPS-plus-FTAs reduce policy space for the implementation of TRIPS flexibilities. This also creates the impression that TRIPS only imposes a "minimum level" of protection, which must be available in all national laws of its Member States, without any apparent limitation to a further extension of such protection or intervention which one country may impose on another. The World Health Organization enunciated that "bilateral trade agreements should not seek to incorporate TRIPS-plus protection in ways that may reduce access to medicines in developing countries.⁸² Further, WHO members were urged in the Fifty-Seventh World Health Assembly "to take into account in bilateral trade agreements the flexibilities contained in the Agreement on Trade-related Aspects of Intellectual Property Rights and recognized by the Declaration on the TRIPS Agreement and Public Health adopted by the WTO Ministerial Conference."⁸³
Furthermore, TRIPS-plus initiatives consequent in the dilution into a bilateral forum, as opposed to the plurality provided in multilateral fora, provided by the TRIPS. The imposition of standards by FTAs may ultimately disturb the balance of rights and obligations which are enshrined in the TRIPS Agreement,⁸⁴ and also have the potential to constrain the flexibilities provided to Member States in the TRIPS, particularly in areas which are of extreme significance to developing countries, such as transfer of technology, socio-economic development, promotion of innovation, public health and access to knowledge. Furthermore, they also tend to negate decisions which were taken multilaterally such as the Doha Declaration on the TRIPS Agreement and Public Health.
It is therefore submitted that the Policy must caution against entering into any international agreement that seeks to enforce TRIPS-plus standards, contrary to India's stance (as noted by the Policy itself) that its laws were compliant with international obligations.

On Limitations and Exceptions

It is observed that the Policy recommends that laws be enacted to address national needs, ⁸⁵ but the only mentions limitations and exceptions as an area of study for future policy development.⁸⁶It is submitted that while it is indeed necessary for further research to be undertaken in the area of limitations and exceptions, it is also critical to enact new laws and amend existing ones to foster a rich environment for limitations and exceptions, in order to achieve a holistic and balanced intellectual property framework. It is further submitted that this would also be in consonance with the objective of the negotiation of international treaties and agreements in consultation with stakeholders.
While the granting of exclusive rights over intellectual property is considered to be an incentive for further investments into innovative activities and the production of knowledge, allowing the exercise of the full scope of this exclusion in all circumstances may not meet the end goal of the enhancement of public welfare, using the intellectual property system. Therefore, it is essential that an intellectual property system be flexible allowing for certain limitations and exceptions in order to strike a balance between right holders, the public and third parties. The need for such flexibility in the intellectual property system of a country has also been highlighted by the World Intellectual Property Organization.
It is therefore suggested that the Policy include an additional recommendation for the inclusion, adoption and periodic renewal of limitations and exceptions in India's intellectual property laws, either be enacting new legislations or by amending existing legislations wherever applicable. It is further suggested that this recommendation also inform India's negotiations at the international level, where any agreement that India might potentially sign, not invalidate or narrow in any form any limitations and exceptions and provide for their continued exercise in the broadest possible scope and manner.

On Standard Setting

CIS commends the Policy's focus on standards in technology and standard setting organisations. CIS strongly supports the adoption of open standards as a measure that helps stimulate active competition amongst implementors of various standards, and thereby encourages innovation. The Department of IT finalized its Policy on Open Standards for e-Governance in 2010,⁸⁷ and CIS strongly supports this policy, and would encourage it be adopted by all state governments as well.
CIS strongly recommends developing and supporting the evolution of open standards. The Policy must not encourage use of IPR to limit access to standards, because these are the foundational rules any technology must adhere to enter the market or ensure quality. ⁸⁸ CIS submits that access to these standards must not be limited by making them proprietary through IPR protection. Further, the Policy must support transparent standard setting processes and procedures in national and at international for a for all participants.
CIS further appreciates the endeavor to encourage the development of global standards influenced by technologies developed in India.
CIS submits that it is also important to ensure that India emerges as a global player in the technology sector, not just in the development of indigenous standards, but also in the equally important space of manufacturing using existing standards, particularly in light of the Government's recent "Make In India" and "Digital India" initiatives. It is further submitted however, that in most instances, these standards are protected by patents; where patents essential to a standard would be standard essential patents. CIS suggests that the Policy recommend measures that might be adopted to ensure access to standards essential patents, including, for instance, the establishment of a government aided patent pool. It is submitted that addressing the question of access to standards and not just their development would be a holistic approach that the Policy should adopt.

On Objective 5: Commercialization of IP

CIS appreciates that the Policy seeks to promote licensing and technology transfer for intellectual property, and notes that the Policy also seeks to promote reasonable and non-discriminatory patent pooling to maximise the ability of smaller companies to commercialise IP and bring innovative solutions based on standards to the market.
CIS believes that the government establishing patent pools for digital technologies will promote access to knowledge and stimulate manufacturing in the information technology and electronics sectors in India, in line with the government's "Make In India" and "Digital India" initiatives. CIS has earlier urged the government to enable access to low cost access devices by establishing a government-aided patent pool of essential technologies, without which there is a high likelihood of such devices getting caught up in the 'patent wars' that have happened elsewhere around the world over smartphones.⁸⁹ CIS submits that the creation of government-aided patent pools and facilitation of cross-licensing will also be helpful in resolving issues created by patent thickets and gridlocks by reducing transaction costs for licensees and solving an economic cooperation problem.

Concluding Remarks

Debabrata Saha, the Deputy Permanent Representative of India to the United Nations, while speaking on the introduction of the Development Agenda at the World Intellectual Property Organization, with admirable clarity noted, "Let me start on a positive note by asking: with all the damage that TRIPS has wrought on developing countries could it possibly have a silver lining? Maybe - if we want to be generous. TRIPS, one might argue, did bring intellectual property to the forefront of consciousness of people everywhere, and, over time made them aware of the dangers inherent in a protective regime that takes little account of either public policy, or the state of development of a member country." It is thus imperative that when we fashion our public policy, we take account of the dangers he mentioned. He went on to note, "Intellectual property rights have to be viewed not as a self contained and distinct domain, but rather as an effective policy instrument for wide ranging socio-economic and technological development. The primary objective of this instrument is to maximize public welfare." We wholeheartedly support this position of the Indian government, and would encourage the IPR Think Tank to seek to maximize public welfare and creativity and innovation rather than maximizing IPR alone. Importantly, as Mr. Saha, speaking on behalf of the Indian government noted, IP is not an end in itself, contrary to what the current draft of the National IPR Policy seems to promote.
Flexibility is considered to be an essential characteristic in defining and shaping the intellectual property system of countries around the world. Such flexibility allows scope for further innovations and creations, thereby subserving the common good. As per Article 39 of the Constitution of India, "the State shall in particular, direct its policy towards securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good." It is therefore submitted that the National IPR Policy of India should be contoured in such a manner that it encourages greater use of exceptions and limitations to the otherwise exclusionary use of intellectual property, encourages the expansion of the public domain, secures proportionality in enforcement of IP rights, promotes alternatives to IP - including open access to scholarly literature, open educational resources, free/open source software, open standards, open data, and aims to create a regime of intellectual property that aims to serve the public interest and not just the narrow interest of private right holders. Such an approach should not be merely rights-based, but look at interests of the general public, especially the poor, as well, in order to further the aim of the nation to create a more egalitarian society, and adopt the Directive Principles in the Constitution.

1 www.cis-india.org (last accessed 30 November, 2014).

2 http://www.dipp.nic.in/English/acts_rules/Press_Release/pressRelease_IPR_Policy_30December2014.pdf.

3 See http://cis-india.org/ (last accessed 18 January, 2015).

4 See http://cis-india.org/a2k (last accessed 18 January, 2015).

5 See http://cis-india.org/openness (last accessed 18 January, 2015).

6 See http://cis-india.org/internet-governance (last accessed 18 January, 2015).

7 See http://cis-india.org/accessibility (last accessed 18 January, 2015).

8 See http://cis-india.org/digital-natives (last accessed 18 January, 2015).

9 See http://cis-india.org/raw (last accessed 18 January, 2015).

10 See http://www.wipo.int/members/en/admission/observers.html (last accessed 18 January, 2015).

11 See http://cis-india.org/a2k/blog/ngo-profile-knowledge-ecology-international (last accessed 18 January, 2015); http://cis-india.org/a2k/blog/ngo-profile-third-world-network (last accessed 18 January, 2015).

12 See illustratively http://cis-india.org/a2k/blog/analysis-copyright-expansion-india-eu-fta (last accessed 18 January, 2015); http://cis-india.org/a2k/blog/india-eu-fta-copyright-issues (last accessed 18 January, 2015); http://cis-india.org/a2k/blog/a-guide-to-the-proposed-india-european-union-free-trade-agreement (last accessed 18 January, 2015).

13 See illustratively http://cis-india.org/news/inet-bangkok-june-8-2013-governance-in-the-age-of-internet-and-fta (last accessed 18 January, 2015).

14 See illustratively http://cis-india.org/a2k/blog/2010-special-301 (last accessed 18 January, 2015).

15 See illustratively http://cis-india.org/a2k/blog/analysis-copyright-amendment-bill-2012 (last accessed 18 January, 2015); http://cis-india.org/a2k/blog/sc-report-on-amendments (last accessed 18 January, 2015); http://cis-india.org/a2k/blog/copyright-bill-parliament (last accessed 18 January, 2015); http://cis-india.org/a2k/blog/tpm-copyright-amendment (last accessed 16 January, 2015); http://cis-india.org/a2k/blog/copyright-privacy (last accessed 16 January, 2015); http://cis-india.org/a2k/blog/copyright-bill-analysis (last accessed 18 January, 2015).

16 See http://cis-india.org/a2k/blog/comments-on-science-technology-and-innovation-policy-draft (last accessed 18 January, 2015).

17 See http://cis-india.org/a2k/blog/exhaustion (last accessed 18 January, 2015); http://cis-india.org/a2k/blog/parallel-importation-of-books (last accessed 18 January, 2015).

18 See http://cis-india.org/a2k/blog/cis-submission-draft-patent-manual-2010 (last accessed 18 January, 2015) and http://cis-india.org/a2k/blog/comments-on-draft-guidelines-for-computer-related-inventions (last accessed 18 January, 2015) respectively.

19 See http://cis-india.org/a2k/blog/lid-on-royalty-outflows (last accessed 18 January, 2015).

20 See http://cis-india.org/a2k/blog/exceptions-and-limitations (last accessed 18 January, 2015).

21 See illustratively http://cis-india.org/a2k/consumers-international-ip-watchlist-report-2012 (last accessed 18 January, 2015); http://cis-india.org/a2k/blog/ip-watch-list-2011 (last accessed 18 January, 2015); http://cis-india.org/a2k/blog/consumers-international-ip-watch-list-2009 (last accessed 18 January, 2015).

22 The Washington Declaration on Intellectual Property and Public Interest concluded after the Global Congress on Intellectual property and Public Interest in August 2011 attended by over 180 experts from 32 countries articulate this position perfectly. Available at: http://infojustice.org/wp-content/uploads/2011/09/Washington-Declaration.pdf (Last Accessed: 29 November, 2014).

23 IPR Think Tank, National IPR Policy (First Draft) at page 5.

24 Article 27(1) of the Universal Declaration of Human Rights states: "Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits."

25 Julia Brüggemann, Paolo Crosetto et al, Intellectual Property Rights Hinder Sequential Innovation - Experimental Evidence, Center for European, Governance and Economic Development Research, Number 227, January 2015.

26 Joseph E. Stiglitz, Economic Foundations of Intellectual Property Rights, Duke Law Journal, 57(6): 1693-1724.

27 Graham M. Dutfield, Uma Suthersanen, The Innovation Dilemma: Intellectual Property and the Historical Legacy of Cumulative Creativity, Intellectual Property Quarterly, 2004 at 379.

28 IPR Think Tank, National IPR Policy (First Draft) at page 5.

29 IPR Think Tank, National IPR Policy (First Draft) at page 5.

30 IPR Think Tank, National IPR Policy (First Draft) at page 6.

31 Id .

32 Id .

33 Michele Boldrin and David K. Levine, The Case Against Patents, Journal of Economic Perspectives, Vol. 27, No.1 - Winter 2013, 3-22.

34 Id .

35 Id .

36 Id .

37 James Bessen and Michael J. Meurer, Patent Failure: How Judges, Bureaucrats and Lawyers Put Innovation at Risk, March 2008.

38 Michele Boldrin and David K. Levine Supra Note 32.

39 B.J. Jaffe, The US Patent System in Transition: Innovation and the Innovation Process, Research Policy, 29, 531-557, 2000.

40 Josh Lerner, The Empirical Impact of Intellectual Property Rights on Innovation: Puzzles and Clues, Intellectual Property Rights and Economic Growth in the Long-Run: A Discover Model (2009).

41 Rod Falvey & Neil Foster, The Role of Intellectual Property Rights in Technology Transfer and Economic Growth: Theory and Evidence (UNIDO Working Paper,

42 ¶ 1.2 IPR Think Tank, National IPR Policy (First Draft) at page 6.

43 See

44 ¶ 1.3 IPR Think Tank, National IPR Policy (First Draft) at page 7.

45 ¶ 1.5 IPR Think Tank, National IPR Policy (First Draft) at page 8.

46 IPR Think Tank, National IPR Policy (First Draft) at page 8.

47 Heidi L. Williams, Intellectual Property Rights and Innovation: Evidence from the Human Genome, National Bureau of Economic Research. Working Paper 16213, July 2010.

48 Id .

49 Id .

50 Petra Moser, Innovations and Patents in Oxford Handbook of Economic History (Cain et al., eds., forthcoming), http://ssrn.com/abstract=2503503.

51 See generally , David. S. Landes, The Unbound Prometheus: Technological Change and Industrial Development in Western Europe from 1750 to the Present (1969).

52 See generally , Joel Mokyr. The Lever of Riches: Technological Creativity and Economic Progress (1990).

53 See generally , Alessandro Nuvolari Collective Invention during the British Industrial Revolution: the Case of the Cornish Pumping Engine, 28 Cambridge J. Econ. 347 (2004). See also, Robert C. Allen, Collective Invention, 4 J. Econ. Behavior & Org. 1 (1983).

54 A. Arora & N. Rosenberg, Chemicals: A US Success Story in Chemicals and Long-Term Economic Growth 71 (Arora et al., eds., 1998); see also, David C. Mowery & Nathan Rosenberg, Paths of Innovation. Technological Change in 20th-century America (1998).

55 Petra Moser, How Do Patent Laws Influence Innovation? Evidence from Nineteenth-Century World Fairs, NBER Working Paper Series 9909, http://www.nber.org/papers/w9909.

56 Meera Nair, A Short-Lived Celebration, Fair Duty (Jan. 8, 2012), https://fairduty.wordpress.com/2012/01/08/a-short-lived-celebration/

57 See generally, Kal Raustiala & Christopher Sprigman, The Knockoff Economy (2012).

58 ¶ 2.10 IPR Think Tank, National IPR Policy (First Draft) at page 10.

59 See FICCI Suggestions on Discussion Paper on Utility Model available at http://www.ficci.com/Sedocument/20179/UM.pdf (last accessed January 28, 2015).

60 See FICCI Suggestions on Discussion Paper on Utility Model available at http://www.ficci.com/Sedocument/20179/UM.pdf (last accessed January 28, 2015).

61 See Utility Model: A Tool for Economic and Technological Development: A Case Study of Japan available at http://www.ipindia.nic.in/research_studies/finalreport_april2007.pdf (last accessed January 28, 2015).

62 U. Suthersanen, Utility Models and Innovation in Developing Countries, International Center for Trade and Sustainable Development (ICTSD), Issue Paper No. 13 (2006), available at http://www.unctad.org/en/docs/iteipc20066_en.pdf , (last accessed January 28, 2015).

63 See China's great leap forward in patents , available at http://www.ipwatchdog.com/2013/04/04/chinas-great-leap-forward-in-patents/id=38625/ (last accessed January 28, 2015).

64 Will Knight, Wheel Patented in Australia, New Scientist (July 3, 2001), http://www.newscientist.com/article/dn965-wheel-patented-in-australia.html .

65 Keith E. Maskus, Beyond the Treaties: A Symposium on Compliance with International Intellectual Property Law, February 6, 2000.

66 U. Suthersanen, Utility Models and Innovation in Developing Countries, International Center for Trade and Sustainable Development (ICTSD), Issue Paper No. 13 (2006), available at http://www.unctad.org/en/docs/iteipc20066_en.pdf , (last accessed January 28, 2015).

67 IPR Think Tank, National IPR Policy (First Draft) at page 1.

68 ¶ 2.3 IPR Think Tank, National IPR Policy (First Draft) at page 10.

69 See http://mhrd.gov.in/technical-education-1 (last accessed 30 January, 2015).

70 See 'Expert Group Report on Role and Strategic Use of IPR (Intellectual Property Rights) in International Research Collaborations' by European Commission 'available at http://ec.europa.eu/research/era/pdf/ipr-eur-20230_en.pdf (last accessed January 28, 2015).

71 See 'Ministry of Science makes Open Access to Research Mandatory ', available at http://cis-india.org/news/down-to-earth-july-16-2014-aparajita-singh-ministry-of-science-makes-open-access-to-research-mandatory (last accessed January 28, 2015).

72 DBT and DST Open Access Policy - Policy on Open Access to DBT and DST Funded Research, Department of Biotechnology and Department of Science and Technology, Ministry of Science and Technology, Government of India.

73 Id.

74 Id.

75 Id.

76 IPR Think Tank, National IPR Policy (First Draft) at page 11.

77 Id .

78 IPR Think Tank, National IPR Policy (First Draft) at pages 10, 11.

79 IPR Think Tank, National IPR Policy (First Draft) at page 12.

80 Id .

81 The Doha Declaration on the TRIPS Agreement and Public Health and the Contradictory Trend in Bilateral and Regional Free Trade Agreements (2004), Available at http://www.quno.org/geneva/pdf/ec onomic/Occasional/TRIPS-Public-Health-FTAs.pdf.

82 World Health Organization, Report of the Commission on Intellectual Property Rights, Innovation and Public Health, Recommendation 4.26 (2006), available at http://www.who.int/intellectualproperty/ documents/thereport/CIPIHReport23032006.pdf [hereinafter WHO].

83 Fifty-Seventh World Health Assembly, May17-22,2004, (May 22, 2004), available at http:// apps.who.int/gb/ebwha/pdf_files/WHA57/A57_R14-en.pdf;

84 Preamble, Articles 7, 8, TRIPS Agreement, 1994.

85 ¶ 3.2 IPR Think Tank, National IPR Policy (First Draft) at page 12.

86 ¶ 3.6 IPR Think Tank, National IPR Policy (First Draft) at page 13.

87 See 'Open Standards Policy' , available at http://cis-india.org/news/open-standards-policy (last accessed January 28, 2015).

88 See 'The BIS, Standards and Copyright' , available at http://spicyip.com/2014/11/the-bis-standards-and-copyright.html (last accessed January 28, 2015).

89 See CIS' Letter for Establishment of Patent Pool for Low-cost Access Devices through Compulsory Licenses , available at http://cis-india.org/a2k/blogs/letter-for-establishment-of-patent-pool-for-low-cost-access-devices (last accessed January 29, 2015).

For more details visit https://cis-india.org/a2k/blogs/national-ipr-policy-series-cis-comments-to-the-first-draft-of-the-national-ip-policy

National Compendium of Laws, Policies, Programmes for Persons with Disabilities

nirmita — 2016-02-05T02:16:36Z

This compendium was compiled by the Centre for Internet & Society in collaboration with the Office of the Chief Commissioner for Persons with Disabilities, Department of Disability Affairs, Ministry of Social Justice & Empowerment, Government of India. Prasanna Kumar Pincha, Chief Commissioner for Persons with Disabilities, has written the Foreword.

Preface

India, one of the longest continuous civilizations in the world is also home to one of the largest populations of persons with disabilities. According to the 2011 census, around 2.21% of its population or around 26.8 million people have disabilities of some form or the other. While the country is developing rapidly, persons with disabilities are often left out of the process. Sometimes they are completely neglected from consideration and measures do not take into account their needs by virtue of being non inclusive. On other occasions, there may be special measures for some disadvantaged groups, but persons with disabilities may not be recognised as a separate group, with distinctive needs.

Overall, there is a clichéd understanding about the needs and abilities of persons with disabilities, limiting efforts made towards their progress. Even in cases where some effort has been made, information about these measures is not available to persons with disabilities and their family members, who are consequently unable to avail of them. Additionally, the insensitivity of rules/ schemes/ procedures/ persons makes it difficult for persons with disabilities to benefit from them. However, regardless of the reason, the fact remains that there is a huge gap in the communication of information from policy makers, administrators and law makers to persons with disabilities as well as their family members, organisations and other concerned groups and institutions.

It is extremely important to bridge this information gap in order to enable persons with disabilities to participate equally in development. Better access to information will enable them to avail of schemes/provisions for their benefit and will consequently enable governments to assess whether they have made adequate provision in various domains as well as identify gaps which need to be addressed.
Finally, accessibility of information will also facilitate the participation of government and persons with disabilities in implementation of measures and increase transparency and accountability

With this aim in mind, The Hans Foundation decided to engage with Centre for Internet and Society (CIS) to put together a comprehensive resource on disability related policies across India. It gives us great pleasure to publish this resource and we hope that it be of great help to the community.

Ms. Sweta Rawat
Chairperson
The Hans Foundation

Click to download the PDF version of the book here. (File size 1.72 Mb approx.)

For more details visit https://cis-india.org/accessibility/blog/national-compendium-of-laws-policies-programmes-for-persons-with-disabilities

My Bubble, My Space, My Voice workshop - Perspective and future

tettner — 2012-01-03T10:32:41Z

The second workshop for the “Digital Natives with a Cause?” research project named “My Bubble, My Space, My Voice” took place at the Link Center of Wits University, in Johannesburg, South Africa from 6 November 2010 to 9 November 2010. Samuel Tettner, Digital Natives Co-cordinator shares his perspective on the workshop.

The workshop was organized by the Center for Internet and Society, Bangalore in partnership with Hivos, Netherlands and put together with indispensable help from The African Commons Project

. The workshop saw the coming together of 21 people, in the age bracket of 20 to 35, from eight African countries, South Africa, Zimbabwe, Nigeria, Uganda, Rwanda, Morocco, Egypt and Kenya.

They came in answer to a call; they came because they all felt they were represented in some way or manner by one term whose simple nature hides a myriad of socio-cultural nuances: Digital Native. They came thinking these nuances were going to be explained to them, and they were wrong. The spirit of the workshop can be summarized in one moment, where one Kenyan participant Simeon Oriko commented after a bar camp session: “I have more questions than I came in with!” Some of these questions were: "Who is a Digital Native?" "What is a cause" " What is the difference between information and knowledge" "How can a globalized world account for questions of indigenous cultural productions" " What are the necessary skills to use the internet" " How can the effects of an online campaign be assessed" and "is the information age a revolution"?

They, who at first so adamantly claimed to be digital natives, found themselves question their assumptions and the labels assigned to them externally. Through a series of informal and unconference style engagements, participants were able to reflect on their ideology and practice. These engagements were facilitated by a team of more experienced practitioners, Marlon Parker, Shafika Isaacs and Adam Haupt, who offered their insight and perspective to elicit relevant ideas and conversations.

The conversations centered around inquires on three focus areas: practice, politics and ideology. Through the practice of Marlon at Rlabs we learned about the key role of “champions”, or people who have a vested interest in the organization and are instrumental in crafting progress. Marlon also facilitated a group activity in which participants broke into small sub-groups and had discussions around five process-related keywords: Mobilization, Representation, Awareness, Campaign, and Network Building.

We discussed politics with Adam Haupt who made us aware that the use of technology for social change is not a practice which originates in the information age, as exemplified by South African hip-hop artists who utilized mix tapes to spread socially conscious messages. Adam's presentations inspired participants to think of words that described their perspective and then break into groups, in an activity called "birds of a feather". In these groups, participants were able to discuss back and for about common ideas and identify differences in practice.

Lastly, we discussed ideology and the power of having strongly strucutred convictions, dreams and ideals with Shafika Isaacs who invited us to frame our journey with technology in our respective projects through a 2-2 Matrix: Dream, Design, Discover and Destiny. James Mlambo, one of the participants from Zimbabwe, has written an inclusive account of the day to day events here.

Post the workshop, participants have started pouring their perspectives, stories and anecdotes on the website. At the time of this writing, they have already started pouring all this new knowledge onto the website: congealing new perspectives derived not only from their own practice but also form shared lessons, within this workshop and as connected with the Asian workshop which took place in Taiwan. Some of these new perspectives will help us to better understand many questions about digital natives, many others will provide insight into the knowledge gaps identified by Sunil Abraham and Nishant Shah.

If I have learned something from my experience with the Digital Natives project so far is that the idea that young people who utilize technology are doing so for self-gratifying reasons, are selfish and immature, and are disengaged from the political context is not simplistic but plain wrong. At least some considerable portion is motivated and engaged with their respective social and political context. Through their practice they are challenging previously established conceptions and are creating their own definitions of engagement. I now see it as crucial to the future of our information society to listen to these people and provide them with the necessary platforms and support so that they can have the positive impact they so want to achieve and strive for.

Proceedings from the workshop are available online

For more details visit https://cis-india.org/digital-natives/blog/my-bubble-my-space-my-voice-workshop-perspective-and-future

Multimedia Storytellers: Panel Discussion

denisse — 2015-10-24T14:26:51Z

This post brings three storytellers together to find points of intersection between their methods. The format will be that of a panel discussion and it features: Arjun Srivathsa from Pocket Science India, Ameen Haque from the Storywallahs, and Ajay Dasgupta from The Kahani Project. They discuss technology, interpretation and action in storytelling.

CHANGE-MAKERS: Arjun Srivathsa, Ameen Haque and Ajay Dasgupta

ORGANIZATIONS:Pocket Science India, The Storywallahs and The Kahani Project

METHOD OF CHANGE: Storytelling

Over the last couple of weeks, I had the privilege of interviewing three storytellers. What struck me the most, besides from their fascinating ideas about storytelling, was how many of their ideas overlapped. As much as I would love to sit all of them in the same room and enjoy the fireworks, there are a number of logistical constraints that shut my storyteller reunion daydreams down; so for this post, I decided to be a self-appointed liaison between you and them. I will mimic this discussion by putting my conversations with them side by side, in the format of a panel discussion. Their interaction will have to happen in the realm of your imagination.

The questionnaire I used for my interviews was open-ended. I was curious to hear what they wanted to share about their work, as opposed to filtering and steering the conversation in a certain direction; so I let them take their own turn. While I clearly inquired about the relationship between storytelling and making change, it was fascinating to see each storyteller reach the question of ‘social impact' through different channels; testimony of the influence of their education and professional backgrounds in their work.

If I were to bring them together, the topic of the discussion would be: 'Technology, Interpretation and Action in Storytelling'. We briefly discussed mediation and semiotics[1] in the Pre-Production section of the Storytelling as Performance post. We mentioned then:

"mediums are combined to enhance the visibility of the message and the power of the experience of stories. [...] Each medium: video, audio, text, music, etc.- becomes “a new literate space” or “symbolic tool” storytellers use to portray narratives about the self, community and society (Hull, 2006)”

These thoughts were triggered by the work of the French philosopher, Paul Ricoeur, who considers our self-identity a result of sign mediation and interpretation. Other themes in his work include: discourse and action, temporality, narrative and identity; also useful and relevant when exploring how storytelling and reality intersect. For example, how does building a narrative develop into a discourse that mirrors our context and existence? How does the medium chosen to carry this narrative define the language system of our discourse? Finally, let’s not forget this discussion is happening amid the digital question: how does the mediation of digital technologies enable or constrain our narratives of change?

Against this background, I would like to propose a discussion around five points of intersection that came up organically* during my conversations with them.

a) The power of storytelling:
What makes it a powerful vehicle of communication? How does this practice break from more traditional strategies of information dissemination?

b) Storytelling as a vehicle to make change:
How does the practice of storytelling intervene in the social imagination of its audience? Is it the experience or the content of stories what drives the message of change forward? Where does change happen: at the value, behavioral, community or macro level?

c) The role of technology in storytelling:
What is the part technology plays in storytelling vis-a-vis traditional storytelling? Is it a static infrastructure or does it shape the force and direction of the story? How does technology influence and impact their work

d) Translating awareness to action through stories:
Can you guarantee the ideas and values imbued by the story will translate into action in the public space?

e) Influence of stories on citizenship and political participation:
Can the power of stories be leveraged to instill a sense of responsibility in the audience?

* With the exception of Arjun Srivathsa, who addressed these points in a conference I attended. He later responded to a questionnaire in which I inquired about the intersections specifically.

Introductions

We first have Arjun Srivathsa. He has a Masters in Wildlife Biology and Conservation and currently works as a Research Associate for the Centre for Wildlife Studies (CWS India). In tandem, he started Pocket Science India, an initiative that combines wildlife science with art and cartoons to promote conservation in India and disseminate information from scientific journal articles. He aims to bridge the gap between the work of scientists and people using art and humour.

Arjun: I find the world of science and scientists very cool. Finding new things, discovering and inventing ways to understand the world better is an awesome way of life. I chose a career in science for this reason, second only to my love for nature and wildlife. But the essence of science, according to me, is not just to discover, but also to communicate. Even though wildlife research in India has progressed massively in the past few decades, the only notion people have is that of exaggerated scenes from television documentaries. When I discovered that most of the work by Indian scientists on wildlife and conservation of India is making no difference to people (mostly because they are unaware), I decided to use the easiest way to bridge the gap: through humour and art.

Second speaker is Ameen Haque from The Storywallahs. In what he calls his past life, he worked for 18 years in Advertising and Brand Strategy Consulting. Ameen also has a background in theatre and now works as as storyteller for The Storywallahs.

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Finally, we have Ajay Dasgupta, the founder of The Kahani Project, who also has a background in theatre and believes listening to stories is a fundamental right of children. His team works to capture stories in audio format and make them accessible.

I will now invite them to share their thoughts on the points described above. Each panelist will respond to the questions using a different medium: Arjun will comment with text and images, Ameen will comment with video and Ajay will comment using audiobytes. The idea is for each storyteller to use the medium and language they use for their own storytelling: cartoons, body language and audio respectively, as we explore how this choice mediates how they conceptualize change. I will act as a moderator and comment on common themes in the light of Paul Ricoeur’s characteristics of narratives.

1. The Power of Storytelling

What makes it a powerful vehicle of communication?

“narrative attains full significance when it becomes a condition of temporal existence” Time and Narrative

The first characteristic of narratives according to Ricoeur is: the ability to bring independent elements and episodes together into a plot within a specific context and time. The relationship between time and narrative is addressed by the philosopher in his work 'Oneself as Another,' in which he frames narratives as the most 'faithful articulations of human time'. This leads to an understanding of time as a framework where we can locate unique events and patterns, trajectories and sequences. Our three storytellers comment on how stories are an effective mean to communicate information, and how this information resonates because it can be located in the frame of our human existence.

Arjun: Storytelling really is the nascence of any communication technique. As kids we were all told stories with bees and birds, which spoke and thought. The moral life lessons and similar “information” were served to us on these fascinating platters.

Dugongs are closely related to whales and dolphins. They are peaceful mammals that swim around gracefully and feed on sea grass.
They are categorized as “VULNERABLE” because there are not too many of them left in the world.

Find full cartoon here

At some point in life, we all seem to stop appreciating the power of storytelling. Plain reporting of information has been done to death. Even an amazing discovery written as a formal report will fail to excite audience. It is time we all get back to appreciating stories. They sell. Movies generally do better than documentaries don’t they?

Ameen:

Ajay:

2. Storytelling as a vehicle to make change

How and where does change happen?

“All action is in principle interaction [...] change happens through interaction, as others are also encouraged to change” From Text to Action

The second characteristic of narratives is how the episodes in our narratives involve contingencies that will be shaped and reformulated through the development of the story. The narratives are constructed in such a way that induce us to imagine possible events in the future and how we would act in said circumstances. This characteristic is supported by Ricoeur's understanding of the 'self' as an 'agent', who can act and influence causation by taking initiative or interfering[2] in the story. Even if the listener cannot necessarily influence the outcome of the story (unless it is participatory storytelling), it triggers thoughts about its capability to act and its ability to change future realities, as he imagines himself n the situation of its characters. This out-of-body experience is what turns story into experience.

Our storytellers comment on how stories can influence and activate our agency and enable listeners to act towards creating change.

Arjun: Of course! Like I said, it is easier to influence people when you are not being preachy. Storytelling sidesteps the moral high ground that change makers are often blamed to occupy and takes a pleasantly shrewd path, as silly as it may sound.


#2: Increase in wildlife tourism has been brought about by the increasing population of the ‘Tourist’. This species is easy to recognize (see figure). The species has created an ecosystem of its own. It eats any kind of high or low profile food. Lives in resorts. Seeks charismatic animals like the tiger. Its daily activity involves excessive use of its camera. This species facilitates wildlife tourism	#9: Wildlife tourism is an excellent way to expose people of India and abroad to its rich natural heritage [...] We definitely need to regulate the number of tourists to avoid crowding in the forests, but we also need to educate tourists, especially the first-timers, about wildlife and its conservation. The tourist can be an important tool in conservation – let’s not let it go waste!"

#2: Increase in wildlife tourism has been brought about by the increasing population of the ‘Tourist’. This species is easy to recognize (see figure). The species has created an ecosystem of its own. It eats any kind of high or low profile food. Lives in resorts. Seeks charismatic animals like the tiger. Its daily activity involves excessive use of its camera. This species facilitates wildlife tourism

#9: Wildlife tourism is an excellent way to expose people of India and abroad to its rich natural heritage [...] We definitely need to regulate the number of tourists to avoid crowding in the forests, but we also need to educate tourists, especially the first-timers, about wildlife and its conservation. The tourist can be an important tool in conservation – let’s not let it go waste!"

Find full cartoon here.

To the question of where we locate change, it depends on what this change is. Through my work, I often target individuals and smaller communities (say students, villagers etc.). I don't necessarily grab my paintbrush and declare that I will change the world. My idea of change is a tailored, targeted and therefore an efficient influence on individuals.

Ameen:

Ajay:

3. The role of technology in storytelling

How does technology influence and impact your work?

Ricoeur’s thoughts on the relationship between text and action, makes us reconsider how we think about ‘text’ and how this reading can be applied to technology. According to him, the distinction between text and action is not at the linguistic, but at the discursive level. This is how he differentiates language from discourse:

	Language	Discourse
Structure	A system: timeless and static	Located at a given time and moment
Composition	A sequence of signs	A sequence of events that describe, claim and represent the world
Meaning	Refers to signs	Refers to the world
Communication	Provides codes for communication. Necessary but not sufficient	Communicates

Using these working definitions, we can understand the medium as a language: a system that provides us with signs and codes for communication. A creative use of language and mediums will hence, enable us to create narratives and produce meaning (which will be generated and negotiated by the audience). Technology is in this case our language, and how each storyteller uses it determines new ways to create meaning: experiences, connections and associations with and within their stories. We now ask them if/how the use of this 'language' mediates and impacts their work.

Arjun: Technology is the best facilitator in the realm of my science-art-communication. I depend on it extensively, to first educate myself. Then to create artwork (computer, tablet, smartphone). And then eventually I depend heavily on social media to broadcast my work. I will definitely credit the power of technology for fostering and enabling effective communication.

# 11: The story of Ajoba was carried far and wide in newspapers, television news and the internet. Find full cartoon here.

In my capacity, I feel most confident targeting students and urban youth. But thanks to the power of social media, putting my work out there has grabbed the attention of change-makers who are capable of things that is beyond my scope. This has led to collaborations through which the reach has become wider. Teachers use my art work in their classes, some organisations are using it in forest department buildings to educate visitors, some local groups have translated my work into regional languages.

Ameen:

Ajay:

4. Translating awareness into action through stories

Can you guarantee the ideas and values imbued by the story translate into action in the public space?

“what must be the nature of action...if it is to be read in terms of change in the world?” From Text to Action

So far they have told us about the power and content of stories. However, we have yet to find out what is it in stories that make listeners translate fiction into real life action. Ricoeur's final characteristic of narratives points us in the direction of empathy and interpretation.

Like discourse, action is open to interpretation. He posits that characters of our stories rise to the status of ‘persons’ when we evaluate their actions, including their doings and sufferings. This ethical verdict determines the identity of the character in the eyes of the audience (above any other physical or emotional characteristics) and this is what ultimately adds meaning to the events of the story, as it inspires the audience to emulate or reject this behavior through their actions.

We asked our storytellers their thoughts on how to translate stories' messages into meaningful action, or if it was even possible to guarantee this transition to begin with:

Arjun: I don’t [know]. One never does, I feel. But a lot of good awareness programs have made me change little things in my life. The people or groups who initiated those campaigns don't know of this, do they? This is somewhat similar. I believe that even if ONE person in the thousand who view my work gets influenced into making little changes, then it was worth my time and effort.

Ameen:

Ajay: (Ajay commented on the impact of stories while we were discussing how to gauge the impact of his work. In our first conversation he said: "Change is happening but there are no tests that can measure it and quantify it." and he elaborates on this idea below:)

5. Influence of stories on citizenship and political participation

Can the power of stories be leveraged to instill a sense of responsibility in the audience?

"You can only achieve power in common by including the opinions of as many people as possible in the discourse"

Finally, as stated in the brief of the project on methods for change, we are also interested in defining how political participation should be manifested in the public space. Ricoeur frames political action as a result of discourse and political deliberation.For a brief discussion of the relationship between storytelling and our political identity visit Part 2 of Storytelling as Performance.)

This last section captures the storytellers' point of view on how stories may affect our sense of citizenship and political responsibility.

Arjun: We are living in a society which is becoming increasingly insensitive and arrogant. There seems to be no time to stop and see the big picture: what are we doing? are our demands and lifestyles sustainable? Is the future generation secure? Impacts of our actions on the natural world.


#1: Most of us love seafood. And why shouldn't we? It tops the charts as some of the most delicious delicacies in the world! It so happens that we rarely think about what goes on “behind-the-scenes” and take many things for granted. The story behind how food reaches your plate is quite a scary one!	#12: So next time you feel like a getting a seafood dinner, do it with some perspective.

Find full cartoon here

Ameen:

Ajay:

Closing Remarks

I hope you enjoyed reading, watching and listening these three wonderful storytellers share their ideas on technology, interpretation and action. The question that remains unresolved is whether the effect of the story is shaped by the use of technology or not. At the end of the day it is the interpretation of stories -more than what it is said and how it is being said- what will determine the sustainability of these intents for change. The answers of our storytellers reinforce the notion that technology is a system, a language, a medium that transports our messages and intentions, but that inherently lacks the ability to provide guarantees for action and sway users into a lifestyle of responsible citizenship the second they pull out from their cartoon, screen or mp3.

The box below includes a quick run through the main ideas discussed throughout the post:

1. On the power of storytelling:

Arjun argues that storytelling is the origin of all communication techniques, and this makes it extremely attractive for the public.
Both Ajay and Ameen bring up the ability to influence behavior, shape the minds of people and transmit experiences, values and beliefs.
Both also brought up how dominant religions, ideologies, markets governments use storytelling to build movements and sustain their support
Finally Ajay comments on the issue of access: stories are powerful yet only a small share of stories are being told Hence, the need for this method to become more pervasive.

2. Storytelling as a vehicle for change:
Each storyteller locates change in different yet complementary spaces:

Arjun believes it must occur at the community level and hence the approach (stories) must be tailored and targeted in order to achieve an effective influence. His approach to change is very contextual.
Ameen locates it at the behavioral level; in our ability to make decisions and choices. His approach to change is based on how we use information from stories to interact with our surroundings.
Ajay locates it at the value level: He believes stories should influence us to adjust our values and only then, we will shape our behavior accordingly.

3. Role of technology:
We approached technology as a 'text' and as a 'language' that creates new possibilities for meaning and interpretation.

For Arjun and Ajay, technology enabled them to connect with other organizations and increased possibilities for partnerships and collaborations.

The three of them believe technology is an accelerator of the journey of stories and that it enables them to reach a larger audience.
Ameen argued that each medium requires different fluencies, and that the language of each medium should be adapted for the story. For example, a story will be told in different ways if using body language, video, audio, etc. He uses the example of the Twitter adaption of the Mahabharata.
Ajay closes by noting that although technology enables, it cannot replace the storyteller.

4. Translating awareness into action

Arjun and Ameen comment on the power of effectively and positively influencing one person. They believe the impact will exponentially spread and grow through that person's network or community.
Arjun believes you can guarantee it will turn into action.
Ameen believes you need to move them and inspire them through your characters to the point they feel they can be the hero of that story and act accordingly.
Ajay takes a more pragmatic approach towards action and shares some of the activities The Kahani Project uses to complement his storytelling sessions, such as: story-thons, story-booths and interactive storytelling, where they engage the audience in the production of their own stories.

5. Impact of storytelling on citizenship and political participation

Arun and Ajay believe this will come as a result of self-reflection and an evaluation of our impact in the world.
Ameen believes effective stories transmit the 'responsibility of action' through rhetoric. He uses the example of the popularity of India Against Corruption movement.
Ajay believes storytelling is a humanizing force that has the power of healing. He recommends institutions should utilize this method to spread confidence and inclusion among society and particularly with excluded groups.

Footnotes

[1] Semiotics is defined as the study of signs and symbols and their use or interpretation. It is the study of making meaning and is essential to understand communication processes. While we will not look at any specific semiotics theory, we will focus on how stories create meaning through different signs and mediums, and how this meaning can be leveraged for making change.

[2] Refer to Stanford Encyclopedia of Philosophy’s page on Paul Ricoeur and the section on ‘Selves and Agents’ to learn more about how action is mediated by causation, interference and intervention. Some interesting thoughts that inspired the above post

“What must be the nature of the world … if human beings are able to introduce changes into it?. Ricoeur adopts the analysis of interference or intervention that G. H. von Wright gives in Explanation and Understanding, and shows that for there to be interference, there must be both: an ongoing anterior established order or course of things and a human doing that somehow intervenes in and disturbs that order. Moreover, interference is always purposeful. Hence an interference is not merely ascribable to an agent. It is also imputable to the agent as the one whose purpose motivates the interference.”

“The second crucial question about action is “What must be the nature of action … if it is to be read in terms of a change in the world?” Ricoeur argues that every action involves initiative, i.e., “an intervention of the agent of action into the course of the world, an intervention that effectively causes changes in the world” (Oneself as Another, 109, translation modified). Initiative requires a bodily agent possessing specific capabilities and vulnerabilities who inhabits some concrete worldly situation.”

Sources:

Dauenhauer, Bernard and Pellauer, David, "Paul Ricoeur", The Stanford Encyclopedia of Philosophy (Winter 2012 Edition), Edward N. Zalta (ed.), URL = <http://plato.stanford.edu/archives/win2012/entries/ricoeur/>.

For more details visit https://cis-india.org/digital-natives/making-change/multimedia-storytellers

Marathi Language Fortnight Workshops 2019

subodh — 2019-03-01T00:39:33Z

Maharashtra is a state which is rich in diversity in terms of language and culture seen in its various regions such as Konkan, Marathwada, Western Maharashtra, Northern Maharashtra and Vidarbha. Awareness needs to be created to make Wikimedia movement inclusive and diverse in these geographical regions as well as in their social strata.

Collaboration for organizing events

The Centre for Internet & Society’s Access to Knowledge wing (CIS-A2K) launched the concept of organizing state-wide workshops to spread awareness and train editors in the nitty-gritties of Wikipedia editing and creating digital content. The campaign is now regularly conducted by Rajya Marathi Vikas Sanstha (RMVS), the language department of Maharashtra government with support from CIS-A2K and various institutions.

These events were conducted during the Marathi language fortnight (1 – 15 January 2019) upto Marathi Language Day on 27 February 2019. The objectives of the event such as creating awareness about digital knowledge in Marathi, open knowledge resources and Wikimedia projects; explaining the history of Wiki movement; training participants in basic editing skills in Wikipedia; exploring ways to find reliable references; presenting article structure, were broadly covered in the sessions. Trainers also explained participants on copyright, community guidelines, uploading images, and so on.

CIS-A2K had collaborated with the state language department from 2017 onwards. In the first series of workshops, three events were conducted. In the second series in 2018 six workshops out of a total 17 workshops were conducted across the state. In the year 2019, the awareness spread to more educational institutions located in different regions of the state. In the third series, CIS-A2K conducted five workshops out of total 21 workshops conducted. CIS facilitated the process and supported some workshops remotely.

The Workshops

The first workshop was conducted at Chintamanrao College of Commerce at Sangli. The awareness session about open knowledge sources and Wikimedia projects was organized for students and faculty in the beginning of workshop. After this one hour session, actual skill training in Wikipedia editing was done for three hours for 24 participants. They created the account and learnt the editing and image upload on Commons. The practice was done in sandboxes before working in main namespace. The students of pre-university course and graduate course attended the workshop. The commerce and management related articles were edited.

The second workshop was conducted at Shivaji University, Kolhapur. The Marathi language department took the initiative to organize this workshop for the second consecutive year. The participants were selected from 4 colleges affiliated to university. The faculty was also actively involved. The introductory session was attended by 50 students. The editing training of three hours was conducted in computer lab, in which 24 new users participated. The editors practiced the manual of style, providing links and references, etc. on their sandboxes before working on the main namespace articles. The editors mostly worked on locally relevant topics.

The third workshop was conducted in Dayanand College at Solapur. This institution organized this event for the second consecutive year. The thematic discussion on history of Solapur was facilitated by a senior editor of Sakal newspaper. The plan for documentation of local festival - Gadda Yatra and history of Solapur was discussed. It is proposed to start this activity with thematic workshop. Total 15 new and old users participated in the workshop.

The fourth workshop was conducted at Mass Communication & Journalism department of Solapur University. The faculty of this department took the initiative to organize this event for the second time. Total 25 new and old users participated in the workshop. The participants edited the articles related to journalism and also uploaded the images on Commons. Some editors completed the task of adding references to articles. After the meeting with the faculty, group of post graduate students were assigned 50 articles about reputed Marathi newspapers. They will complete this task as part of their online academic submissions.

The fifth wokshop was conducted at SSSKR Innani College at Karanja Lad in district Washim. This was the first Wikipedia programme in this region of the state. As it was the first Wiki event, we decided to organise a two day workshop. The management and faculty participated actively in this workshop. In the workshop, references and images were added to existing articles about local heritage, tourist places and personalities. The images were uploaded to newly created categories - Karanja Lad and SSSKR Innani College on Commons. Over 100 members participated in this two day event, while 45 users edited actively on Wikimedia projects.

Follow-up

After the workshop, quarterly refresher sessions are planned in these institutions. The active students' WhatsApp groups will be formed for support and online training sessions. This cadre of Wiki Guides would facilitate the programs for other students. The meeting with faculty and board of studies would be held for integration of Wikimedia activities with the academic assignments.

More info check out the Meta report.

For more details visit https://cis-india.org/a2k/blogs/marathi-language-fortnight-workshops-2019

Mapping Institutions of Intellectual Property: Part B — India's National Program on Intellectual Property Management

nehaa — 2014-06-26T15:27:18Z

As a second part in the series on Mapping Institutions of Intellectual Property this blog post deals with the documents introduced at the Stakeholders’ Consultation for India’s National Program on Intellectual Property.

Many thanks to CIS interns Jessamine Matthew, Tanvi Mani and Upasana Chauhan for their support on this.

On the 21st of February, 2014, the Planning Commission and the Ministry of Human Resource Development (“MHRD”), Government of India organized a Stakeholders Consultation at New Delhi (“the Consultation”) to discuss India’s National Program on Intellectual Property Management. (Click here: http://cis-india.org/a2k/blog/mapping-institutions-of-intellectual-property-part-a to read our post about this, the first in this series on mapping institutions of intellectual property). I attended this Consultation on behalf of CIS. Discussions were informed by three documents introduced at this meeting, the important parts of which have been summarized below:

Report of the Evaluation Committee on Continuation of the Scheme of Intellectual Property Education, Research and Public Outreach (IPERPO) (“the Scheme”) in the XII Five Year Plan Period 2012-2017 (PDF, 21378 Kb)

Introduction

The Evaluation Committee involved in the preparation of this report comprised of Prof. Sudhir K. Jain, Shri T.C. James and Shri J.R. Agarwal. The rationale behind such scrutiny was to yield recommendations with regard to whether the Scheme should be continued or not. And if the answer was found to be in affirmative, to analyze the scope for improvement, phasing of expenditure and setting of targets for each component of the Scheme.

Essentially the report seeks to analyze the overall impact of the Scheme in the discipline of IP rights with respect to education and awareness. It examines the trajectory of progress of the MHRD-IP Chairs and assesses ways to monitor them more efficiently. In addition to that it also analyzes the procedure adopted to release grants to the Chairs and to recognized universities and explores the possibility of widening the scope of the Scheme.

Genesis of the Scheme

The Scheme was formulated to encourage study of IP rights and research, and create awareness about copyright and IP matters. It also aimed to develop specialized courses, train enforcement personnel, organize seminars and workshops on IPR matters, develop inputs, awareness on WTO matters and evolve strategies of regional cooperation.

Under the Scheme, the purposes for which expenditure is to be incurred by the Ministry are clearly chalked out. The details of the same are given in the Report of the Committee. It also lays down the eligibility of Institutions/ Organizations that are to be selected under the Scheme.

MHRD-IPR Chairs

Around 20 MHRD-IPR Chairs have been set up across various universities, IITs and National Law Universities for growth and development of IPR education, research and training. The staff –pattern followed for MHRD-IPR chair is one Chair Professor, two Research associates, one Steno-cum- Documentation assistant and one group-D employee. Such appointments are supposed to be made in accordance with the rules and guidelines of the UGC. Apart from the recurring expenditure towards salaries of the above-mentioned staff, the Chairs have also been given a non-recurring provision for library, equipments and ancillary items. However, such grants are to be given upon fulfilment of certain conditions imposed under the Scheme.

The working of MHRD-IPR Chairs is overlooked by two committees-namely, the ‘Coordinating Committee’ and ‘Review Committee’. The Coordinating Committee is responsible for discussing proposed activities and resolving pending disputes while the Review Committee review their progress periodically.

Observations on Performance of IPR Chairs

Inability to find a suitable Professor level person to occupy the IPR Chair.
Absence of qualification- criteria for the IPR Chair in the Scheme.
Less focus on research component, development of human resource and teaching.
Few IPR-Chairs have appointed full staff which is complementary to their working.
Flow of fund to IPR-Chairs is interrupted dur to lack of proper documentation.
Uncertainty about the continuation of IPR Chairs which has a detrimental effect on their performance.
Active participation in seminars and workshops organized by universities, institutes and colleges on IPR awareness.

Plan Allocation and Expenditure

There exists variations with respect to allocation and actual expenditure of funds due to various reasons.

New Initiatives to be taken during XII Plan

New IPR-Chairs should be established to encourage research in the field of IPR and create a pool of trained human resources.
IPR Centres/ Cells should be set up and they should be linked to the IPR-Chairs.
Internal Monitoring and Information Systems should exist for effective implementation of the Scheme.
National Seminars/ Conference should be held annually.
World Intellectually Property Day should be celebrated annually with various themes as decided by WIPO.
Awareness about copyright and IPR should be spread through print and electronic media.
Copyright Office should be strengthened and modernized to bring it at par with offices in the USA, UK.

Specific Recommendations

The Committee recommended that the post of IPR-Chairs needs to be incentivized and given full functional autonomy. Moreover, the support provided by Government to the Chairs should be long-term.
The appointment of academic and administrative staff needs to be revised periodically.
Only publicly funded universities and institutes of higher learning should be beneficiaries to this Scheme.
The proposed activities and achievements of the IPR Chairs should be made public.
IPR Chairs should provide assistance to the Central Government by way of research and providing solutions to policy problems and issues.
Some flexibility should be allowed with respect to documentation for uninterrupted flow of accounts.
Provision for replacement/ purchase of equipments.
It should be made mandatory for IPR-Chairs to appoint full staff and conduct lon term training programmes in advanced areas of IPR at the national level.
The work of the IPR Chairs needs to be chalked out explicitly by the Scheme.
Having a scheme for converting the well-functioning Chairs into Specialized IPR Centres with the participation of MHRD.
Raising awareness on IPR issues and problems by holding workshops and seminars. Moreover, universities and colleges should ensure adequate participation in such seminars/ workshops.
School-curriculum should include Chapters on IPR.
Modernization of the Copyright Office should be considered to be a priority to ensure easy access and to make copyright registration easier.

Note on the establishment of an Inter-University Centre for Intellectual Property Rights

Background

The Inter-University Centre for Intellectual Property Rights (“the Centre”) will be established under UGC/ Ministry of HRD, Government of India. Broadly, the mission of this independent autonomous Policy Research Centre is to provide research and policy inputs in the arena of IPR. The targeted audience for these inputs will be the State and Central Governments. In addition to that, it also seeks to serve as a connecting bridge for dialogue between developing countries on IPR. To actualize the mission, it will work on inter-disciplinary research and disseminate information on various socio-legal and other aspects of IPR. It will also promote, integrate and develop models and mechanisms associated with IPR.

Functions

In order to make IPR resources more accessible, the Centre will establish a repository of such resources by entering into collaboration with other organizations and institutions. It will also provide assistance to stakeholders by ways of and not limited to organization of seminars, awareness programmes. As a means to encourage inter-disciplinary research which is quintessential for this Centre, it would offer visiting fellowships and forge links with national and international research institutions. As a nodal centre with respect to interfacing government on IP matters, it will also have the added responsibility of reviewing performance of MHRD-IP chairs.

Broad Deliverables and Outcomes of the Centre

The Deliverables of this Centre world would include Policy Research Inputs, Research Publications, Research Monographs, Treaty Analysis, Sensitization Programmes and National and International Conferences. On the other hand, the outcomes would include Research on thrust areas, Knowledge Management in IPRs, IPR Online Resources and discussions.

Linkages

The Centre seeks to link MHRD-IP Chairs, Industry Associations, Civil Society Advocacy Groups and Public Institutes with IPR research capacity.

Organizational Structure and Funding

The organizational structure of the Centre would include the Governing Council, Governing Board and the Research Advisory Council. Each Council/ Board will comprise of Chairman, Ex-Officio Members and Nominated Members. The individuals who are responsible for the nomination of members to these structures are the President, Chairman of the GB and Chairman of the Centre respectively. It has laid down the specification of such composition in its note on establishment.

For the purpose of funding, the Centre would depend on UGC for its building infrastructure, salary and non-salary components. In addition to that it will also aim to create its own corpus by means of consultancy and other grant-in-aids. Towards capital expenditure, the required allocation would be Rs. 65 crores. While the revenue expenditure is estimated at Rs. 25 crores annually. A detailed break-down of the expenditure also been laid down by the Centre in its note.

Discussion Paper for the Establishment of a National Institute for Intellectual Property Rights

Introduction

The National Institute for Intellectual Property Rights (“the Institute’) will be established as an autonomous policy research institute under the Department of Higher Education, Ministry of Human Resource Development, Government of India. It envisages a specialization in policy research and development cooperation in the field of IP rights. Further, it aims to provide multi-stakeholder collaborations in the fields of IPRs. It will provide policy inputs to the government of India for formulating legislations and international agreements. The Institute will serve as a common platform for dialogue among developing countries on IPR issues. Moreover, it will act as a ‘Hub and ‘spoke’ model to connect and coordinate with the MHRD IPR Chairs/ other institutions working in the field of IPRs.

Vision: To be an institute of excellence in policy research and advocacy of IPR.

Mission: To provide effective research and policy inputs in the field of IPR.

Objectives

The Institute would serve as a think-tank to provide policy inputs on IPR at a regional, national and international level. It would work on interdisciplinary research involving multi-stakeholders and focus on IPR trade related issues and their impact on socio-economic aspects at regional, national and international levels. Further, it would disseminate information regarding the social, legal, ethical and economic aspects of IPR. It would endeavour to promote, integrate and develop ‘Academia-Industry’ knowledge structures. Models and mechanisms associated with IPR. Further, it would coordinate the activities of ‘MHRD-IPR’ chairs on behalf of the Ministry of HRD. Lastly, it would engage in capacity building and provide inputs on IPR policy makers including the judiciary.

Functions

In order to realize the objectives elucidated, the Institute would perform the following functions. It would undertake inter-disciplinary research and provide necessary inputs to the State and Central governments to formulate the required policy in IPR. It would further establish a repository of IPR resources in collaboration with various academic institutions, organizations, chairs and stakeholders engaged in IPRs. It would also offer visiting fellowships to encourage multi-disciplinary research. It would organize and participate in seminars, conferences and awareness programs. It would also undertake consultancy and conduct training in IPR to assist various stakeholders. Additionally, it would forge links with national and international IP research institutions/ organizations and act as a nodal institute to interface various Ministries/Departments of the Government on IP related matters. In furtherance of its adjudicative functions it would also undertake a review on the performance of MHRD-IPR chairs on behalf of the Ministry of Human Resource Development. Lastly, it would offer a Ph.D program in IPR in association with reputed Universities/ Institutions in India and abroad.

The Institute will mainly focus on: (I) Research, (ii) Policy and Advocacy, (iii) International Collaboration and (iv) Developmental Agenda

The Broad Deliverables and outcomes of the Institute include:

Deliverables : (i) Policy Research Inputs (ii) Research Publications (iii) Research Monographs (iv) Treaty Analysis (v) Sensitization Programs (vi) National and International Conclaves/Conferences/Roundtables

Outcomes: (i) Research on thrust areas: Preparation of occasional briefs/ annual briefs and discussion papers/ books/journals. (ii) Knowledge and Management of IPRs: Documenting and mapping the competencies on various segments of IP (iii) IPR Online resources: Online documents relating to IPR policy inputs (iv) National/ International Conferences/ Public Debate and Distinguished Lectures: To provide a common platform for deliberation on contemporary IPR practices, issues and critical analysis.

Linkages and Network

The Institute will establish linkages and network with:

MHRD-IPR Chairs
Industry Associations (National and International)
Civil Society Advocacy Groups
Public Institutes with IPR research capacity

Organizational Structure

The organizational structure of the Institute would include the following sub committees:

Steering Committee: Ex-Officio Members: The Secretary, DHE,MHRD would be the president of the Committee. The members would include the Secretary of The DIPP,MOC, The Secretaries of the Ministry of Environment and Forests and The Department of Science and Technology, The Joint Secretaries of the (BP&CR),MHRD and the DIPP. MOC, GOI, The Director of (BP&CR),MHRD, The Vice Chancellor, Delhi University (Host Institution) and the Director of the NIIPR. The Members nominated by the President are the Two Members from the governing board, the two vice- chancellors of Universities having MHRD Chairs, the two directors of IITs/IIMs having MHRD IP Chairs and the two experts from the regulatory/ research councils.
Governing Board: The Chairman of the governing board shall be appointed by the president of the Steering Committee as per the procedure given in Rule 33.
Ex-Officio Members: These members include the Joint Secretary (BP&CR),MHRD, Joint Secretary (DIPP),GOI, The Director (BP&CR),MHRD and The Director, NIIPR who will be the member Secretary.The members nominated by the Chairman of the GB includes the Two Faculty Members of the Institute, The Two MHRD IPR Chair professors and Three National and International Experts in the field of IPR.
The Research Advisory Council: The Director of the Institute is the Chairman of the Research Advisory Council. The Ex-Officio Members include the Deans and Two Professors of the Institute. The members nominated by the Chairman include two IP experts and one representative each from The Ministry of Culture, Arts, Agriculture, Information technology, Environment and Forests, Science and Technology and External Affairs, Two representatives from Civil Society Advocacy Groups and the Administrative Officer of the Institute would be a Non Member Secretary.

Funding

The Institute will be established by UGC funding for its building, infrastructure salary and non-salary components. The institute will also strive to create its own corpus by way of consultancy and other grant-in aids from relevant National/ International Organizations to compliment the UGC funding. Required allocation is estimated at Rs 65 crore towards capital expenditure relating to acquisition of land, building (Academic Block, Conference Halls, Guest House, Administrative Block, Faculty Quarters, Equipment, IT infrastructure etc) The revenue expenditure is estimated at Rs. 25 crore annually, towards meeting the operating activities of the proposed Institute.

The report also contains particulars with respect to staff requirements. It also contains estimates with respect to Non-recurring Capital Expenditure and Recurring Expenditure per annum.

Lastly, attached along with the report is the Memorandum of Association for the National Institute for Intellectual Property Rights.

The memorandum contains the objectives, functions, members of the Steering Committee and the Rules of the Institute.

The Rules include the functions and powers of the Governing Board. The Board is to carry out the objectives of the Institute. It will be subject to the limitations of the Department of Higher Education, MHRD (the Department will also have the power to inspect the Institute at any time). The Governing Board will have the power to:

Manage the affairs of the Institute, consider annual and supplementary budgets,
Create and abolish emoluments structures of various posts,
Appoint staff to these posts,
Enter into agreements with the Central or State Governments or public or private organisations or individuals for grants, donations etc,
Appoint Committees or Sub-Committees,
Delegate any administrative or financial powers to the Director,
Prepare budget estimate and sanction expenditure,
Prepare for the recruitment of offices, faculty and establishment of the Insitute, terms and conditions of scholarships, fellowships, etc.

It also contains details regarding meetings and the powers and functions of the chairman.There are guidelines for the appointment of the Director and Staff Employees.

For more details visit https://cis-india.org/a2k/blogs/mapping-institutions-of-intellectual-property-part-b

Mapping Institutions of Intellectual Property (Part A): India's National Programme on Intellectual Property Management

nehaa — 2014-06-10T07:34:34Z

This blog post discusses India’s National Program on Intellectual Property Management, including the establishment of a National Institute of Intellectual Property Rights.

On the 21^st of February, 2014, the Planning Commission and the Ministry of Human Resource Development (“MHRD”), Government of India organized a Stakeholders Consultation at New Delhi (“the Consultation”). I attended this meeting on behalf of CIS. The discussion was centred around devising a strategy for India’s National Program on Intellectual Property Management under our 12^th Five Year Plan (2012 to 2017). On the agenda were two key issues:

Evaluating and rethinking the role of IPR Chairs established by the MHRD
Establishing a National Institute of Intellectual Property Rights

Pawan Agarwal, Advisor, Higher Education, Planning Commission, Government of India made a detailed presentation on both of these issues. The key parts of his presentation and the ensuing discussions have been reproduced below.

Presentation and Ensuing Discussions

The diagrams in this section correspond to those in Pawan. Agarwal’s presentation.

Ecosystem

In Figure 1, the proposed structure of the national intellectual property system has been outlined. Those government departments and ministries that would have a role to play have been identified, as well as the functions expected to be performed.

In the discussion that followed it was observed that traditional knowledge should also be included within this ecosystem. The Department of Industrial Policy and Promotion (“DIPP”) could coordinate and seek inputs from the Ministry of Culture and the Ministry of Health and Family Welfare.


Figure 1

Education: Programs and Courses

Figure 2 details the proposed structure of IPR education, including courses, financial aid and the nature of the program. Members attending the Consultation were of the opinion that having ten centres for doctoral education was an ambitious target. They were also of the opinion that there was need to integrate IPR education with more courses, for instance, MBA and MSc.


Figure 2

Education: Various Elements

Figure 3 deals with other elements of the IP education universe- curriculum development (envisaged as a joint effort), faculty development (of selected faculty) and funding. Various suggestions emerged on the role of the IP Chairs. This has been examined in greater detail subsequently in this blog post. A key suggestion was made regarding the establishment of more law schools in the IITs, along the lines of the Rajiv Gandhi School of Intellectual Property Law at the Indian Institute of Technology (“IIT”), Kharagpur.


Figure 3

Research and Policy Support

Figure 4 lays out the details of the research and policy support to be provided by the Government towards developing this IPR ecosystem. The Government seeks to achieve this through the existing institutions of the IP Chairs, by way of awarding fellowships and research grants. Once again, concerns and questions were raised regarding the role of MHRD IP Chairs, which will be discussed subsequently in this blog post.


Figure 4

Training & Capacity building

Training and capacity building has been visualised on two levels- basic awareness building about intellectual property rights in institutions of higher education and on the advanced level, dealing with specialised courses on trademark/patent drafting or technology licensing, among others.


Figure 5

Creation/ Protection and Management

For the creation, protection and management of intellectual property, a two pronged approach has been envisaged- the establishment of cells for the management of intellectual property in institutions of higher education and an increased focus on patents, including the creation of incentives for patenting for researchers. Figure 6 lays out the scheme.


Figure 6

National/ Regional Centres/ Chairs

This program on intellectual property outlines a proposal for the establishment of one national centre, five regional centres and twenty chairs, with a distinct role outlined for each. Details are available in Figure 7.


Figure 7

Governance

The National Program on intellectual Property Management lays out a three tiered governance structure, headed by the National Steering Committee on IPR, assisted by the Advisory and Project Approval Committees, with five Regional Committees constituting the final tier. This has been represented in Figure 8.


Figure 8

Funding Arrangements


Figure 9

The discussion that occurred after Pawan Agarwal’s presentation was centred around the issues of intellectual property education, revisiting the role of the MHRD IPR Chair Professor and on the establishment of a National Institute of Intellectual Property Rights.

Intellectual Property Education

On a broader level, the Consultation dealt with the subject of intellectual property education, which the proposed plan envisaged on a generic basic level as well as a more advanced technical level. Narendra Sabharwal, former Deputy Director General, World Intellectual Property Organization (“WIPO”) was had a three pronged opinion on intellectual property education- first, that intellectual property education had to be mainstreamed, and that this mainstreaming should be a part of the vision and strategy of any national plan on intellectual property; second, that intellectual property education should be used to synergise and encourage the creation of more IP assets and third that the proposed national institute should play an advisory role in the intellectual property education framework.

Evaluating and Rethinking the Role of IPR Chairs Established by the MHRD

Background

The MHRD has, under the Scheme for Intellectual Property Education, Research and Public Outreach (“the Scheme”), established twenty IPR Chairs in various universities and other institutions of higher learning across the country. According to the MHRD IPR Chairs website, six of these Chairs have been set up in Universities (University of Delhi, University of Madras, Tezpur University, CUSAT- Kochi, JNU- Delhi and the Delhi School of Economics); five in National Law Universities (NLSIU- Bangalore, NALSAR- Hyderabad, NLU- Jodhpur, NLIU- Bhopal and WBNUJS- Kolkata); six in the Indian Institutes of Technology (IIT- Delhi, IIT- Madras, IIT- Kanpur, IIT- Kharagpur, IIT- Bombay and IIT- Roorkee) and three in the Indian Institutes of Management (IIM- Bangalore, IIM- Kolkata and IIM- Ahmedabad).

With the purpose of creating awareness among the “general public intelligentsia etc. on IPR Copyright and WTO Studies”[1] , the Scheme has been implemented with the objectives of encouraging the study of intellectual property rights in universities and other institutions of higher learning and developing and encouraging study in specialized courses of IPR; creating awareness about IPRs; organizing activities such as seminars and workshops for IPR awareness; creating knowledge resources, developing policy inputs and negotiating strategies and course awareness- all on WTO matters and evolving strategies of Regional Cooperation and Regional Trading Agreements. Expenditure under the Scheme may be incurred by the MHRD (directly or indirectly) for a wide array of purposes including inter alia, the institution of “Chairs” for IPR Studies for higher education and “also on WTO Studies” (sic.).

At the Consultation

There was a general consensus on the need to restructure the existing ‘MHRD Chair’ institutions and questions were raised regarding their longevity and the sustainability. Veena Ish, Joint Secretary, Department of Higher Education, MHRD, Government of India, spoke of the need to strengthen the existing IPR Chairs and bring about changes in the funding scheme. She also sought inputs on what form and structure the institutions should adopt.

Faculty members of various educational institutions present at the meeting were of the opinion that there was an urgent need to set norms clarifying the role of Chairs. Out of the various suggestions put forth, some of them were as under:

Specify the number of hours (if any) that a Chair was expected to teach. This proved to be a contentious issue at the meeting, with various members of the faculty raising questions on how one was to balance teaching requirements with research and policy feedback obligations.
Envisage the role of the Chair as that of a mentor who would not teach except for the occasional guest lecture, but would guide younger faculty in teaching. The Chairs would then instead produce at least three research outputs in a year based on topic inputs from the National Institute/Centre for Intellectual Property Rights. These research outputs would then act as policy inputs to the government.
The Chair would liaison with industry, academia and policy makers to identify issues of policy concern and research interest.
The institution of the MHRD Chair should be delinked from the university set up. Chairs should be appointed directly by the MHRD through a transparent and accountable process, distinct from the present state of affairs where the Vice Chancellors of universities were allowed to exercise discretion in appointments.

Establishment of a National Institute of Intellectual Property Rights

Context
The present circumstances that might necessitate the establishment of a National Institute of Intellectual property Rights were highlighted at the Consultation by D.V. Prasad, Joint Secretary, Department of Industrial Policy and Promotion (“DIPP”), Ministry of Commerce and Industry, Government of India. He said that there was a need for a nodal agency for World Intellectual Property Organization (“WIPO”) matters. He also said that there was a need for a body to focus on government policy and provide policy inputs to the DIPP and other departments and ministries working on intellectual property law and policy issues. At the moment, he said, there were no formal mechanisms in place though which the DIPP sought policy input, and instead relied on basic inputs from paid external consultants.

At the Consultation

The discussion at the Consultation pertained to the form and functions of this proposed institution. D.V. Prasad emphasised that this institution ought not to become an academic exercise or a university and that the focus should remain policy inputs to the government. This view was echoed by Shilpi Jha of the Confederation of Indian Industries. V.C .Vivekanandan, MHRD Chair Professor, NALSAR University of Law, Hyderabad, was also in agreement with D.V. Prasad and Shilpi Jha, and said that the proposed institution ought to be a ‘stand alone model’. Narendra Sabharwal envisaged this institution as a think-tank that would research on legal and policy issues and international relations on emerging areas of technology. This would be distinct from university research undertaken by MHRD Chairs, although some of the university research ought to feed into the think-tank. N.S. Gopalakrishnan, former MHRD Chair Professor at CUSAT, Kochi was of the opinion that this proposed institution ought not to be within the aegis of the University Grants Commission. Further, he said that it was critical to develop capacity for policy research within the country, but until that time, it was critical to attract people from both within as well as outside India to undertake policy research. Sunita Tripathy, Assistant Professor, Jindal Global Law School was also of the opinion that there was a need to build capacity for policy research in India.

Concluding Observations

From the conversation at the Consultation it seems evident that there is a need to revisit the institution of the MHRD Chair Professor, but what remains moot is the form that it should take. The viability of the proposed national institute would also have to be studied in further detail, against similar models in other countries.

This is an exercise that we shall continue to undertake in subsequent blog posts as a part of this series of mapping institutions of intellectual property.

[1].See Scheme for Intellectual Property Education, Research and Public Outreach, available at http://copyright.gov.in/Documents/scheme.pdf (last accessed 03 June, 2014) at page 1.

For more details visit https://cis-india.org/a2k/blogs/mapping-institutions-of-intellectual-property-part-a

Mapping Digital Humanities in India - Concluding Thoughts

sneha-pp — 2015-11-13T05:36:10Z

This final blog post on the mapping exercise undertaken by CIS-RAW summarises some of the key concepts and terms that have emerged as significant in the discourse around Digital Humanities in India.

The present exercise in mapping Digital Humanities (henceforth DH) in India has brought to the fore several learnings, and challenges in trying to locate the domain of enquiry even as our understanding of what constitutes new objects, methods and forms of research and pedagogy constantly undergo change and redefinition. Even as we wrap up this study, some of the key questions or problems of definition, ontology and method remain with us, as the 'field' as such is incipient in India, as with other parts of the world and the term itself is yet to find a resonance in many quarters, other than a few institutions and a number of individuals. However, what it does do for us immediately, is throw open several questions about how we understand the idea of the 'digital', and what may be the new areas of enquiry for the humanities at large.

We began with the understanding that DH is a new space of interdisciplinary research, scholarship and practice with several possibilities for thinking about the nature of the intersection of the humanities and technology. The term was a little more than a found name of sorts, which since then has taken on various meanings and undergone some form of creative re-appropriation. The ubiquitous history of the term in humanities computing in the Anglo-American context has helped in locating and defining the field globally within the ambit of certain kinds of practices and scholarship in the contemporary moment. As most of the literature around DH even globally has pointed out, the problem with arriving at a definition is ontological, more than epistemological. The conditions of its emergence and existence are yet to be completely understood, although if one is to take into account the larger history of science and technology studies or even cyber/digital culture studies, these 'epistemic shifts' have been in the making for some time now. In India particularly, where a clear picture of the 'field' as such is still to emerge in the form of a theorisation of its key concerns, areas of focus or object of enquiry, it is only through a practice-mapping that one may locate what are at best certain discursive shifts in the way we understand content, structures and methods in the humanities, within the context of the digital. The fundamental premise of the nature of the digital and its relation to the human subject still lacks adequate exploration which would be required to define the contours of the field. The inherited separation of humanities and technology further makes this a complex space to negotiate, when the term may now actually indicate the need to decode the rather tenuous relationship between the two supposedly separate domains.

The question of methodology then comes in as the next most important aspect here, as the method of DH is yet to be clearly defined. At present it looks like a combination and creative appropriation of methodologies drawn from different disciplines and creative practices. The change in the methodology of the humanities and social sciences itself as now longer remaining discipline-specific has been a contributory factor to the evolving methodology of DH. The practice itself is still evolving, and while DH in the Anglo-American context can trace a history in humanities computing, with now an active interest in other spaces where the digital is an inherent part of the discourse, in India there has been little work in mainstream academic spaces such as universities or research centres, and some interest from the information and technology sector. As such the skills and infrastructure needed to work with large data sets and new technologised processes of interpretation and visualisation still remain outside the ambit of the mainstream humanities. This mapping exercise largely relied on interviews as part of its methodology, without any engagement with the actual practice, mainly because of a lack of consensus on what constitutes DH practice. However, through an exploration of allied fields such as media, archival practice, design and education technology, the study tries to locate how certain practices in these areas inform what we understand of DH today.

The archive, media and now to a certain extent art and design have become the sites for most of the discussions around DH in India, primarily because of the nature of institutions and people who have engaged with the question so far. Archival practice has seen a vast change with the onset of digitisation, and the growth of more public and collaborative archival spaces will also bring forth new questions and concepts around the nature of the archive and its imagination as a dynamic space of knowledge production. At a more abstract level, the nature of the text as an unstable object itself, now increasingly being mediated and negotiated in different ways through digital spaces, tools and methods would be one way of locating an object of enquiry in DH and tracing its connection to the humanities, which are essentially still seen as 'text-based disciplines'. What has been a definite shift is the emphasis on process which has become an important point of enquiry, and one of the many axes around which the discourse around DH is constructed. The rethinking of existing processes of knowledge production, including traditional methods of teaching-learning, and the emergence of new tools and methods such as visualisation, data mapping, distant reading and design-thinking at a larger level would be some of the interesting prospects of enquiry in the field. The method of DH is however, necessarily collaborative and distributed at the same time, as evidenced by its practice in these various areas and disciplines.

While in the Anglo-American context the predominant narrative or raison d'etre of DH seems to be the so-called 'crisis' in the humanities, it may after all be just one of reasons, and not a primary cause, at least in the Indian context. Moreover, in a paradoxical sense the emergence of DH has been seen as endangering the future of the traditional humanities, in terms of a move away from certain conventional methods and forms of research and pedagogy. While this may be relevant to our understanding of the emergence of DH, understanding the emergence of the field as resolving a crisis also renders the discourse into a uni-dimensional, problem-solving approach, thus making invisible other factors, such as the technologised history of the humanities or several other factors that have contributed to these changes. The complex and somewhere problematic history of science and technology in India and the growth of the IT sector also forms part of this context, and will inform the manner in which DH grows as a concept, area of enquiry or even as a discipline. DH is yet another manifestation of changes that we have seen in the existing objects, processes, spaces and figures of learning, particularly the open, collaborative and participatory nature of knowledge production and dissemination that has come about with the advent of the internet and digital technologies. More importantly, they also point towards the larger changes in what where earlier considered unifying notions for the university, namely that of reason and culture, which have now moved towards an idea of excellence based on a certain techno-bureaucratic impulse, as noted by Bill Readings in his work on the rise of the post-modern university[1].

If one may try to locate within this the debates around DH, the subject of this new discourse around the digital is also now rather unclear. One could explore the notion of the digital humanist, or in a more abstract manner the digital subject as one example of this lack of clarity or the distance between the practice and the subject, which is also why it has been of much concern for several scholars. As Prof. Amlan Dasgupta, with English Department at the University of Jadavpur says, it is difficult to identify such a category of scholars, although a person who is able to situate his work in the digital space with the same kind of ease and confidence that people of a different generation could do in manuscripts and books would perhaps fit this description, and he is sure that such a person may be found. For example someone who knows Shakespeare well and can write a programme, and he is sure a day will come when this is a possibility. It is a familiarity in which the inherent distance between these two pursuits becomes lesser - DH is at that moment - a composite of these two approaches rather than the difference.

While many scholars concur with this explanation, others find the term misleading - humanities scholars do not call themselves 'humanists'. Also, by virtue of being a digital subject, anybody engaged with some form of digital practice is already a digital humanist of some sort. The problem also is in the rather unclear nature of the practice, all of which is not unanimously identified as DH, as a result of which not many scholars would want to identify with the term. As Patrik Svensson (2010) points out "The individual term digital humanist may be problematic because it may seem both too general in not relating to a specific discipline or competence (thus deemphasizing the discipline-specific or professional) and too specific in emphasizing the "digital" part of the scholarly identity (if you are scholar) or giving too much prominence to the humanities part of your professional identity (if you are a digital humanities programmer or a system architect). The more general and non-personal term digital humanities is more inclusive, but somewhat limited because of its lack of specificity and relatively weak disciplinary anchorage. For both variants, there is also a question of whether "the digital" needs to be specified at all, and it is not uncommon [9] to encounter the argument that technology and the digital are part or will be part of any academic area, and hence the denotation "digital" is not required" [2]. Svensson further points out that since the term, like digital humanities, has proliferated so much in academic spaces, through publishing and funding initiatives that it has become a term of self-identification, but it could be a reference to the digital as 'tool' rather that the object of study itself. However, he also speculates that given digital humanists work across several disciplines, their understanding of humanities as a construct is stronger as the identity is linked to it at large. [3]

This debate is importantly, symptomatic of a larger conflict over the authority of knowledge, because of what seems to be a move away from the university to alternate spaces and modes of knowledge production. As Immanuel Wallerstein (1996) suggests, such a conflict of authority has already been documented earlier, in terms of the displacement of theology first and then Newtonian mechanics as dominant sources of knowledge, and the now in the manner in which the separation of disciplines is being challenged. The potential of technology in general and the internet in particular in democratising knowledge has been explored in several cases, with many such online spaces now becoming a suitable 'alternate' to the university mode of teaching and learning. What they have also given rise to are questions about the authenticity of knowledge produced and disseminated and who are the stakeholders in the process. The debates over MOOC's and the Wikipedia, and at some level the criticism that DH and certain methods like distant reading have attracted from traditional humanities scholars are a case in point. However, many of these alternate or liminal spaces have always existed; they are perhaps becoming more visible and acknowledged now. DH, with its emphasis on interdisciplinarity and different kinds of knowledge drawn from a diverse set of practices definitely opens up space for a new mode of questioning; whether all of these different modes of questioning can coalesce as a new discipline or interdisciplinary field in itself will remain to be seen.

References

Patrik, Svensson, "The Landscape of Digital Humanities". Digital Humanities Quarterly,4:1 http://digitalhumanities.org/dhq/vol/4/1/000080/000080.html 2010.
Readings, Bill, The University in Ruins Cambridge: Harvard University Press, 1997, pp 1-20.
Wallerstein, Immanuel, "The Structures of Knowledge, or How Many Ways May We Know?" Presentation at "Which Sciences for Tomorrow? Dialogue on the Gulbenkian Report: Open the Social Sciences," Stanford University, June 2-3, 1996 http://www.binghamton.edu/fbc/archive/iwstanfo.htm

The author would like to thank the Higher Education Innovation and Research Applications (HEIRA) programme at the Centre for the Study of Culture and Society (CSCS), Bangalore for support towards the fieldwork conducted as part of this mapping exercise, and colleagues at CIS and CSCS for their feedback and inputs.

Concepts/Glossary of terms

Ontology - A lot of the work being done to define DH is in fact to understand its ontological status, the nature of its being and existence. As pointed out in the part of this section, the difficulty in arriving at a consensus on a definition is largely due to a lack of clarity over the ontological basis of such a field, rather than its epistemological stake, which one may already be able to discern in a few years. There is a slippage due to a lack of connection between the history of the term and its practice, particularly in India, where DH is still a 'found term' of sorts. See http://cis-india.org/raw/digital-humanities/a-question-of-digital-humanities
Humanities - The predominant discourse in the Anglo-American context on DH seems to have set it up in a conflict with or as a threat to the traditional humanities disciplines, the causal link here being the 'crisis' of the disciplines. While there is such a narrative of crisis in the Indian con text as well, anything 'digital' is understood in terms of a problem-solving approach, and at another level seeks to further existing concerns of the humanities themselves, such as around the text. The important shift that DH may open up here is in terms of thinking about the inherited separation of technology and the humanities, and if it indeed possible now to think of a technologised history of the humanities.See http://cis-india.org/raw/digital-humanities/a-question-of-digital-humanities
Digital - the debate around and interest in DH has reinforced the need for a larger and more elaborate exploration of the 'digital' itself, and as mentioned in an earlier post, deciphering the nuances of the current state of digitality we inhabit will be key to understanding the field of DH much better. This is challenging because India is a mutli-layered technological landscape, which is also quite dynamic, ever-changing and in a period of transition to the digital. Taking this back to more fundamental questions of technology and its relation to the subject would also provide more insights into DH.See http://cis-india.org/raw/digital-humanities/digital-humanities-problem-of-definition
Subject - DH is a manifestation of the relationship between technology and the human subject, and provides different ways to negotiate the same. The 'digital humanist' as the likely subject of this discourse has remained largely undefined in this series of explorations, partly because of the lack of resonance with the term among humanities scholars and the fact that everybody at some level is already a digital subject, and therefore a digital humanist. An exploration of how the digital constitutes or constructs a subject position is likely to reveal better the nuances of this term and the reason for its relation to or distance from the practice.
Method - the methodology of a discipline is the connection between theory and field of practice, and the method of DH is still being developed. Whether it is data mining, distant reading, cultural informatics, sentiment analysis or creative visualisations of data sets drawing from aspects of media, art and design, the methodology and interests of DH are necessarily diverse and interdisciplinary. In many a case the distinction among methods, content and forms do blur as newer modes or approaches to DH come into being. This becomes a particular problem in understanding DH in the context of pedagogy and curricular resources, and would therefore require a rethinking of the understanding of a singular methodology itself.
Archive - A large part of the DH work in India seems to be focussed around the archive - both as a concept and practice. With the digital becoming in a sense the default mode of documentation across the humanities disciplines, and the opening up of the archive due to more public and digital archival efforts, the concept of the archive and archival practice have undergone several changes in terms of becoming now more networked and accessible. As mentioned earlier, we are living in an archival moment where there is a transition from analogue to digital, and it is in this moment of transition that a lot of new questions around data and knowledge will emerge. See http://cis-india.org/raw/digital-humanities/living-in-the-archival-moment.
Text - the text has been one of significant aspects of the DH debate, given that the academic discourse on DH in the West and now in India is primarily located in English departments. The understanding of the text as object, method and practice as mediated through digital spaces and tools is an important part of the discourse around DH, and has implications for how we understand changes in the nature of the text, and reading and writing as technologised processes in the digital context. See http://cis-india.org/raw/digital-humanities/reading-from-a-distance.
Process: An important point of emphasis in DH has been that of process, perhaps even more than content or outcomes. Given that the method of DH is collaborative and peer-to-peer, the processes of doing, making or teaching-learning etc become increasingly visible and important to understanding the nature of the field and knowledge production itself. More importantly, it also seeks to bring in the practitioner's experience into the realm of research and pedagogy.
Liminal : DH is a good example of a liminal space; which is a space that is on both sides of a threshold or boundary, and is therefore at some level undefined and transitional. The liminal space is often located at the margin of a body of knowledge or discipline, and it is at the margins of disciplines that new knowledge is produced. The discourse and even criticism around DH highlights the difficulties with defining the present nebulous nature of these liminal spaces and what they could transform into in the future. See http://cis-india.org/raw/digital-humanities/digital-humanities-and-alt-academy.
Interdisciplinarity - Closely tied to the notion of liminal spaces is the notion of interdisciplinarity. DH by nature is interdisciplinary, given that it draws upon methods and concerns from the other disciplines, but instead of limiting the definition to just this, it also provides a space to understand the challenges of negotiating and using an interdisciplinary approach to the humanities and other disciplines and develop these questions further. See http://cis-india.org/raw/digital-humanities/digital-humanities-and-alt-academy.

[1] See Bill Readings, The University in Ruins Cambridge: Harvard University Press, 1997, pp 1-20.

[2] See Patrik Svensson. "The Landscape of Digital Humanities". Digital Humanities Quarterly,4:1 http://digitalhumanities.org/dhq/vol/4/1/000080/000080.html

[3] Ibid.

For more details visit https://cis-india.org/raw/mapping-digital-humanities-in-india-concluding-thoughts

Making Voices Heard: Privacy, Inclusivity, and Accessibility of Voice Interfaces in India

shweta — 2019-12-18T12:10:05Z

We believe that voice interfaces have the potential to democratise the use of internet by addressing barriers such as accessibility concerns, lack of abilities of reading and writing on digital text interfaces, and lack of options for people to interact with digital devices in their own languages. Through the Making Voice Heard Project supported by Mozilla Corporation, we will examine the current landscape of voice interfaces in India.

Download the project announcement cards (shown above): Card 01, Card 02, and Card 03

Making Voices Heard: Project Announcement

Although voice enabled interfaces are being deployed there is a need to understand how they are beneficial, and what have been important knowledge gaps and challenges in their development, adoption, use, and regulation. Through the Making Voice Heard Project supported by Mozilla Corporation, we will be examining the current landscape of voice interfaces in India, and seek to address the following questions:

What is the broad (sectoral and functional) typology of available voice interfaces in Indian languages? How widely are these voice interfaces (in Indian languages) used, and what barriers prevent their further adoption and use?
What are concerns related to privacy and data protection that emerge with the growth of voice interfaces? What kind of protocols for data processing may need to be built into the design of these interfaces?
How accessible are these interfaces for persons with disabilities (PWDs)? What kinds of accessibility features, especially for Indian languages, may need to be developed to ensure effective use of voice technologies by PWDs?
Where do challenges in these three areas intersect? For instance, is compromising on users’ privacy, including weak or missing data protection regulations, required to create comprehensive speech datasets that may help develop better accessibility features, and address linguistic barriers?

In order to approach these questions we have begun mapping the various developers and users of voice interfaces in India. In the next stage of the process we will be looking at these interfaces through the lens of privacy, language, accessibility, and design. In order to add to the mapping and questions, we will be conducting interviews and workshops with users, developers, designers and researchers of voice interfaces in India, including the Common Voice team at Mozilla.

We hereby invite researchers, developers and designers of voice interfaces to speak to us and help inform the study. You may contact Shweta Mohandas at shweta@cis-india.org.

- Shweta Mohandas, Saumyaa Naidu, Puthiya Purayil Sneha, and Sumandro Chattapadhyay (project team)

For more details visit https://cis-india.org/raw/making-voices-heard-project-announcement

Making Voices Heard

shweta — 2022-06-27T16:18:36Z

We are happy to announce the launch of our final report on the study ‘Making Voices Heard: Privacy, Inclusivity, and Accessibility of Voice Interfaces in India. The study was undertaken with support from the Mozilla Corporation.

We believe that voice interfaces have the potential to democratise the use of the internet by addressing limitations related to reading and writing on digital text-only platforms and devices. This report examines the current landscape of voice interfaces in India, with a focus on concerns related to privacy and data protection, linguistic barriers, and accessibility for persons with disabilities (PwDs).

The report features a visual mapping of 23 voice interfaces and technologies publicly available in India, along with a literature survey, a policy brief towards development and use of voice interfaces and a design brief documenting best practices and users’ needs, both with a focus on privacy, languages, and accessibility considerations, and a set of case studies on three voice technology platforms. Read and download the full report here

Credits

Research: Shweta Mohandas, Saumyaa Naidu, Deepika Nandagudi Srinivasa, Divya Pinheiro, and Sweta Bisht.

Conceptualisation, Planning, and Research Inputs: Sumandro Chattapadhyay, and Puthiya Purayil Sneha.

Illustration: Kruthika NS (Instagram @theworkplacedoodler). Website Design Saumyaa Naidu. Website Development Sumandro Chattapadhyay, and Pranav M Bidare.

Review and Editing: Puthiya Purayil Sneha, Divyank Katira, Pranav M Bidare, Torsha Sarkar, Pallavi Bedi, and Divya Pinheiro.

Copy Editing: The Clean Copy

For more details visit https://cis-india.org/internet-governance/blog/making-voices-heard

Making Public Libraries Accessible to People with Disabilities

Rahul Cherian — 2013-01-24T11:10:18Z

The Centre for Internet & Society was one of the 20 disability rights groups that wrote to the Ministry of Culture on January 23, 2013 seeking remedial action on the barriers faced by persons with disabilities in accessing public libraries in India.

To,
Hon’ble Ministers of Culture, HRD, Social Welfare
Secretaries of the above Ministries/Departments
January 23, 2013

Dear Sir/Madam

Sub: Making Public Libraries Accessible for Persons with Disabilities

We, the organizations representing persons with disabilities listed at the end of this document would like to bring to your attention for your urgent remedial action on the barriers faced by persons with disabilities in accessing public libraries in the country.

As you are aware, India has approximately 150 million persons with disabilities[1]who have the inalienable fundamental right to life as enshrined in the Constitution including the right to seek knowledge and education. Public libraries play a critical role in creating an enabling environment for citizens to gain knowledge, information and education. This is particularly true in the case of persons with disabilities who have limited access to purchase books through mainstream shops due to various barriers including lack of physical access to shops, lack of availability of books in accessible formats like Braille, etc. India has signed and ratified the United Nations Convention on the Rights of Persons with Disabilities, and therefore India is required to "to take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities[2], "to develop, promulgate and monitor the implementation of minimum standards and guidelines for the accessibility of facilities and services open or provided to the public[3]” and take all appropriate measures to ensure that persons with disabilities enjoy access to libraries[4]

The recent copyright amendments enabling libraries to convert their collections into accessible formats free of cost for the benefit of persons with disabilities coupled with technological developments in the form of cost effective screen reading software have created an unprecedented opportunity to make libraries accessible to persons with visual impairment and dyslexia. Additionally increased clarity on standards for physical access also now enables libraries to be made physically accessible without expensive modifications to enable wheelchair users and those with limited mobility access the libraries.

We understand that the Ministry of Culture has constituted a high powered committee as part of the National Mission on Libraries to look into revamping the library system in the country. We urge that the issue relating to making public libraries accessible to persons with disabilities is taken up by the government on a fast track basis, a separate budget is allocated for this exercise and libraries are made accessible on a priority basis. Please find attached a brief note on the steps to be taken to make libraries accessible to persons with disabilities.

We recommend that regional consultations are conducted through which additional data can be gathered on regional/language/types of communication/availability of power and related issues. We also urge you take steps to extend library services to rural areas across the country. We are happy to assist the government in this initiative. Do let us know how we can contribute to this effort.

Thank you and best regards,

Inclusive Planet Centre for Disability Law and Policy (www.inclusiveplanet.org.in)
Rahul Cherian
+91 98403 57991
rahul.cherian@inclusiveplanet.org.in
AccessAbility (www.accessability.co.in)
Shivani Gupta+91 93102 45743
shewany@gmail.com
Xavier’s Resource Centre for the Visually Challenged (www.xrcvc.org)
Sam Taraporevala
+91 99670 28769
sam@xrcvc.org
Saksham Charitable Trust (www.saksham.org)
Dipendra Manocha
+91 98180 94781
dipendra.manocha@gmail.com
National Platform for the Rights of the Disabled
Murali Alathur
+91 98687 68543
nprd.in@gmail.com
National Institute of Speech and Hearing (www.nish.ac.in)
Samuel Mathew
+91 99615 68443
snm@nish.ac.in
Centre for Internet and Society (www.cis-india.org)
Nirmita Narasimhan
+91 98458 68078
nirmita@cis-india.org
Indian Institute of Cerebral Palsy (www.iicpindia.org)
Jeeja Ghosh
+91 94330 45340
jeeja.ankur@gmail.com
National Centre for Autism (www.autism-india.org)
Merry Barua
+91 98102 25923
merry.barua@gmail.com
Ability Foundation (www.abilityfoundation.org)
Janaki Pillai
ability@abilityfoundation.org
Nilesh Singit, Disability Rights Activist
+9199205 58867
contact@nileshsingit.org
Andhjan Kalyan Trust (www.aktrust.org)
Praful Vyas
+9194282 61878
aktrust.drj@gmail.com
AccessIndia
Harish Kotian
hpkotian@rbi.org.in
Blind Graduates Forum of India
Harish Kotian
hpkotian@rbi.org.in
Tamilnadu Handicapped Federation Charitable Trust
T.M.N Deepak
+91 98406 46953
deepaknathan@gmail.com
Human Rights Law Network AP Unit
M.A. Shakeel
mashakeel2000@gmail.com
Global Ability in Disability
Sai Padma
+91 9052627070
saipadma@gmail.com
Mitra Jyothi
Madhu Singhal
mj.tblibrary@gmail.com
Vaishnavi Jayakumar, Human Rights Activist
jayakumar.vaishnavi@gmail.com
Swadhikaar
Pavan Muntha
pavanmuntha@gmail.com
Samarthyam (www.samarthyam.org)
Anjlee Agarwal
+91 98105 58321
samarthyaindia@yahoo.com

With inputs from:

Stephen M. Shore, Ed.D.
Assistant Professor of Special Education, Adelphi University
International consultant, presenter, and author
Person on the autism spectrum
USA
Tania Meinyczuk
Director, Autistic Strategies Network
Autistic Consultant
South Africa
Shellique Carby
Self-Advocate
South Africa
Fazli Azeem
South Asian Self-Advocate for the Autism Spectrum
Fulbright Scholar @ MassArt Boston, USA
www.fazliazeem.com
Pakistan
Michael Vestergaard Drejer
IT Consultant
Denmark

Making Public Libraries Inclusive For Persons With Disabilities – An Overview

Problem Statement

It is estimated that India has approximately 150 million persons with disabilities[5] (“PWDs”). Depending on their disability, PWDs have varying degrees of problems in accessing libraries and the material available at libraries. PWDs cannot access the premises of libraries since the buildings themselves are not accessible. People who are blind or have low vision cannot access reading material in libraries since the reading materials are not in formats that are accessible. It is estimated that less than 0.5% of books are available in formats that are accessible by people who are blind or have low vision. It is therefore critical that libraries in India are made inclusive so as to become accessible by PWDs.

Suggestions For Improvement

Given below are suggestions to make the public library system inclusive to PWDs based on internationally recognized best practices:

Accessibility
Structural modifications must be made to the library to ensure that PWDs can use the library building easily and safely, without any barriers or obstructions. Some of the modifications required include accessible parking, clear paths of travel to and throughout the facility, entrances with adequate, clear openings or automatic doors, handrails, ramps and elevators, accessible tables and public service desks, and accessible public conveniences such as toilets, and drinking fountains. Other reasonable modifications may include visible alarms in toilets and general usage areas and signs that have Braille and easily visible character size, font, contrast and finish.
For further information see Annexure 1 and http://socialjustice.nic.in/glinecpwd.php
Accessible Formats and Library as a Distribution Centre
People, who are blind, have low vision, dyslexia and other print disabilities cannot access reading materials in printed formats. They require reading material in “accessible formats” such as Braille, large print, audio recordings and electronic formats including digital talking books. In addition, people with some disabilities may find it difficult to come to the library. Under the recently amended Copyright Act libraries can convert books into the accessible formats specified above free of cost and without requiring permission from publishers and can distribute them in physical form and in electronic form including over the Internet to persons with disabilities.

Libraries now have the unprecedented opportunity to create an extensive collection of reading material in the accessible formats mentioned above in English and all Indian languages and make them available at the library in the form of physical copies, on CDs and other media, as well as over the Internet. The catalog of the collection must be in accessible formats. For digitization of books State Level Focal Points to be created for this purpose possibly at State level libraries. For further information on the standards to be adhered to when the library undertakes digitization see Annexure 2. State Level Focal Points will get production done through outsourcing or with some inhouse facilities for production of digital content. A National Level Focal point with full time staff will be required for standardization and networking between the State Level Focal Points and maintaining the central server as mentioned below. The central server will have a database containing digital copies of works in accessible formats created by the State Focal Points and other organizations that undertake the conversion of material into accessible formats such as the National Federation of the Blind[6], All India Confederation of the Blind[7], Daisy Forum of India[8] and the Indian Institute of Cerebral Palsy.[9] Requests for books in accessible formats can be sent to these organizations as well. The central server will also be connected to the Braille presses. Each public library at the district level will act as a distribution point for accessible formats and will be connected to the central server so that requests for books at each of the libraries can be sourced from the database on the central server. This is advantageous as the list of books available at each library will be constantly updated once they are added to the database. In addition, persons with disabilities must be able to download books in accessible formats from the database without coming to the library.

The website of each library must contain the catalog of material available in accessible formats and the services provided for persons with disabilities. The website of the libraries and the centralized database must adhere to the Web Content Accessibility Guidelines (WCAG) 2.0 as outlined by the World Wide Web Consortium (W3C) so that persons with print disabilities can access the websites and the database. Each library must take orders for accessible books from library users over the internet and over the telephone and source the books from other libraries. Libraries must work together to enable interlibrary exchange of books in accessible formats including hard copy Braille books.

All existing books published in India must be digitized over a period 7 years and all new books must be digitized within 60 days of their first publication in India. Special efforts must be made to provide accessible formats in Indian languages as these are extremely limited. An advisory committee consisting of specialist representatives from disability organizations, among others, may be constituted to oversee the implementation of this project. The expert committee will be associated with both the National Level Focal Points and the State Level Focal Points.
Assistive Aids and Equipment
PWDs require certain assistive aids and equipment to be able to fully utilize the services of the library and the information available therein. Some forms of accessible formats specified above can only be accessed using assistive aids. Libraries must provide the assistive aids/equipment specified in Annexure 3.
Training and sensitization
Adequate training and sensitization must be given to library staff to ensure that they are able to interact with PWDs. This training can be in the nature of a short refresher course and the training and sensitization programs must be evolved in consultation with the disability sector and must be conducted with the assistance of experts in the disability space.
Specialized personnel and services
The library should have a dedicated person to interact with persons with disabilities. This person should have a background in disability, highly motivated, familiar with sign language and also be responsible for providing specific assistance required by persons with disabilities such as guiding them to print out books in Braille, procuring books from the online database etc. The library should offer specialized services to PWDs including a telephonic help line and home delivery of books ordered online or over the phone and reading service at designated times at the library. It is pertinent to note that literature for the blind has no postal fees. Each library must have a specific section on disability related reading material. It is also essential to cooperate with other libraries around the world to share learning.

Annexure 1[10]

Accessibility

a. Outside the library

The main gate of the entrance of the library must be made accessible in accordance with applicable accessibility standards. If the main entrance cannot be made accessible, a secondary accessible entrance should be provided.
At least covered three parking spaces marked with the international symbol of Accessibility (wheelchair symbol) close to the library entrance must be provided.
Clear and easy to read signposting must be provided.
Unobstructed and well lit access paths from the main gate to the entrance of the library must be provided. All steps must be replaced/complimented with ramps having less than 5% gradient, with railings on both sides.
Smooth and non-slip surface must be used throughout.

b. Getting into the library

A person using any kinds of support such as wheelchair, crutches or walker, cane, or guide dog, should be able to enter through the door and pass through security check points, if any, without encountering obstacles.
All mobility aids and assistive devices including wheelchairs, walkers, communicators among others must be able to pass through security checkpoints, if any.
Applicable accessibility standards must be adhered to.
Sufficient space must be provided in front of the door to allow a wheelchair to turn around.
Entrance door should be wide enough to allow a wheelchair to enter.
Non-automatic doors should be operable using one hand.
Glass doors, if any, must be highlighted with contrast colour band at eye level to prevent persons with low vision banging into these.
Stairs and steps edges must be marked with a contrasting color band.
Pictogram signs must be provided for services and amenities such as toilets, elevators, stairways.
Elevators, if any, must be well lit with buttons and signs in Braille and synthetic speech.
Elevator buttons reachable from a wheelchair.
At least 5 wheelchairs (preferably motorized) or mobility scooters must be made available for use by persons with physical disabilities

c. Inside the library

All parts of the library should be accessible.
The catalogs must be available in accessible formats.
Clear and easy-to-read signs with pictograms must be provided.
Service desks should be located close to the entrance.
A certain number of tables and computer workstations should be adapted for persons in wheelchairs.
Shelves must ideally be reachable from a wheelchair
Chairs with sturdy armrests must be provided
Unobstructed aisles between bookcases must be provided and wide enough to accommodate wheelchairs and one person not on a wheelchair.
Visible and audible fire alarms must be provided.
Non-fluorescent lighting. In case fluorescent lighting is used there must be an area free of visual clutter and sharp light contrasts, with plain walls and cubicles.
Printers must be kept in areas away from reading areas to reduce sound in the reading areas.
Suitable sound insulation to be used to minimize sound in the reading areas.
Stack area should have clear aisle space for wheelchair and bi-lateral crutch users (3ft. min.). Where book stacking is in shelves and areas beyond reach of persons with disabilities using mobility aids, human assistance should be available to access books.
Plants inside the space can help with air filtering, which can make a huge difference to the level of comfort.

d. Toilets

The library should have at least one toilet for PWDs, equipped with the following:

Clear signs with pictogram indicating the location of the toilets
Door wide enough for a wheelchair to enter and sufficient space for a wheelchair to turn around
Room enough for a wheelchair to pull up next to the toilet seat
Toilet with handles and flushing lever reachable for persons in wheelchairs
Alarm button reachable for persons in a wheelchairs
Washbasin, mirror at the appropriate height

e. Information Desk and Circulation desk

The desks must be of adjustable height to enable persons in wheelchair to be able access the desk
Chairs must be provided at the desk
Induction loop system for hearing impaired persons

Annexure 2

Standards for material converted into digital formats by libraries

Master Digital Documents of converted material must be maintained in DAISY XML format.
All Master Digital Documents in Indic Languages must be encoded in Unicode [UTF8/16] and formatted using a royalty-free Open Type Font.
All Master Digital Documents must be tagged according to DAISY standards to capture semantic information for parts, units, chapter headings, subsections, pagination, ordered and un-ordered list, tables, images along with their alternative text, math equations, title, author, footnote, end-note, text box, abbreviation, acronym, etc.
Metadata information about the publication as prescribed in the DAISY Standards must be added to all Master Digital Documents.
Distribution of digital copies of the Master Digital Documents through web sites or otherwise must be done in epub format.
If other standards are used for different target populations those standards must be compliant with the National Open Standards Policy and the Interoperability Framework for E-Governance in India.
DAISY audio format for Indic languages.

Annexure 3

Assistance Aids/Equipment

For assisting persons with Visual Impairment or blindness or autism spectrum disorders:

Persons with vision impairments or blindness or autism spectrum disorders would benefit from software and hardware for enlarging displays on the monitor or reading material through a speech synthesizer.

Some of the most common assistive aids/equipment are:

For magnification

Screen-magnification software. This program allows people with low vision to access computer information by enlarging the screen display or tailoring the display to accommodate their disability.

Large magnification devices such as closed-circuit television magnifiers (CCTV). This system employs a video camera lens to enlarge text from three to thirty times normal text size

Handheld magnifiers

For Screen reading

Screen reader software programs enables individuals who are blind or visually impaired to access the information on a computer screen through voice output. Some examples are NVDA (an open source software) or Dolphin or Jaws (proprietary software). Screen reading software with Indian language support must be provided. Scanning and reading software helps those with low or no vision. Scans printed text and verbalizes the text via synthetic speech using optical character recognition technology.

At least one computer must face outward and not against the wall since people with autism spectrum disorders find it disturbing to have people walking behind them.

For Braille support -

Braille Translating Software - To produce correctly formatted and coded Braille one needs a Braille Translation Software. A document prepared by a word processing program is loaded into the translation software. The final document may be printed in Braille by a Braille embosser.
Braille Embosser - Braille embossers print Braille output from a computer by punching dots onto paper and enable users to make hard copies of documents.
Refreshable Braille displays and DAISY players.

All multimedia content to have audio descriptions

For Assisting people with Hearing Impairment or Deafness

Users with deafness or have hearing impairments do not have problems using the computer except problems will arise from programs and websites that have audio cues.

Sound Sentry This option directs the operating system to display a visual signal when a sound is generated by a Windows application. Sound sentry in built into Windows and Apple operating systems.
All multimedia content to have captions

For Assisting people with Learning Disabilities

Specialized software programs and hardware for people who have learning differences will display print as well as provide auditory reading of the text simultaneously.

For Assisting people with Physical Disabilities

Persons with physical disabilities may need assistance in using the computer apart from having physical accessibility. The following items increase computer usability and safety:

Special input devices such as trackballs, joysticks, switches, touch pads, and augmented keyboards (micro keyboards or oversize keyboards with enlarged keys)
A computer camera/tracker allows users to manipulate the cursor through head movement.
Software utilities that replaces the functionality of a standard keyboard with a full-featured, onscreen keyboard.
Speech to text software such as Dragon Naturally Speaking
Motorized wheelchairs to be used by physically impaired users especially motorized chairs whose seat can raise so that users can reach books on higher shelves on the rack.
Availability of reachers to access books that may be placed too low or too high on the book rack.
Page turners

Useful Links

American Library Association: http://www.ala.org/ascla/asclaissues/libraryservices
International Federation of Library Associations and Institutions: http://archive.ifla.org/VII/s9/nd1/iflapr-89e.pdf
World Wide Web Consortium: http://www.w3.org/WAI/

[1]. The World Health Organization estimates that 15% of the population is disabled. http://www.who.int/disabilities/world_report/2011/factsheet.pdf
[2]. Article 4.1 (b) of the UNCRPD
[3]. Article 9.2 (a) of the UNCRPD
[4]. Article 30. 1 (c) of the UNCRPD
[5]. The World Health Organization estimates that 15% of every population is disabled. http://www.who.int/disabilities/world_report/2011/factsheet.pdf
[6]. For more information see www.nabindia.org
[7]. For more information see www.aicb.org.in
[8]. For more information see www.daisyindia.org
[9]. For more information see www.iicpindia.org
[10]. Based on checklist prepared by the International Federation of Library Associations and Institutions available at http://archive.ifla.org/VII/s9/nd1/iflapr-89e.pdf. These should be over above the guidelines prescribed here http://socialjustice.nic.in/glinecpwd.php

For more details visit https://cis-india.org/accessibility/blog/making-public-libraries-accessible-to-people-with-disabilities

Making in the Humanities – Some Questions and Conflicts

sneha-pp — 2015-11-13T05:46:32Z

The following is an abstract for a proposed chapter on 'making' in the humanities, which has been accepted for publication in a volume titled 'Making Humanities Matter'. This is part of a new book series titled 'Debates in the Digital Humanities 2015' to be published by University of Minnesota Press (http://dhdebates.gc.cuny.edu/cfps/cfp_2015_mhm). The first draft of the chapter will be shared by mid-August 2015.

The object of enquiry in the humanities has traditionally been defined in the form of text, audio-visual or other kinds of ‘objects’ or cultural artifacts. With the growth of information and communication technologies, and the advent of the digital, the emergence of a ‘digital object’, as ambiguous as the term may sound, in the last couple of decades, has led to a rethinking of the conventional notion of research objects as well as modes of questioning, with larger consequences for the production and dissemination of knowledge. The rise of fields like ‘humanities computing’, ‘digital humanities’ and ‘cultural analytics’, suggest a combining of two separate domains, or polarized binaries (such as old and new media), and point to the availability of new objects of study, and therefore the need for new methods to study them. A large part of the discourse around these objects however, in trying to read them closely, obfuscates the processes by which they are constituted, which are often as novel and innovative as the artifacts themselves.

This paper will attempt to explore the processes of ‘making’ of these digital objects in the context of several sites of recent humanities scholarship in India that mobilise digital techniques as key methods. These will include two online video archival initiatives (Indiancine.ma and Pad.ma), a digital variorum of Rabindranath Tagore's literary works (Bichitra) developed at the University of Jadavpur, Kolkata, and curatorial work undertaken by the Centre for Public History, Srishti School of Art, Design and Technology, Bengaluru. Film, text and archival objects acquire several nuances as they are ‘made’ into digital objects, which are also reflected in the methods of working with and studying them. At the same time, problems of authorship, authenticity, accessibility, and a lack of adequate methods to study these objects are some challenges faced across disciplines. The objective of the study is to outline some of the questions related to form and methods that emerge with the digital object, and in the process undertake a critical reading of the politics of making in the humanities. What is the role of ‘making’ in the humanities? Where does humanities research using digital technologies intersect with art and creative practices? How is this research manifested in new forms or objects and methods, and to what effects on the humanities? The paper will aim to respond to some of these questions through a discussion of the initiatives mentioned above.

For more details visit https://cis-india.org/raw/making-in-the-humanities-2013-some-questions-and-conflicts