Pathways to Higher Education

Not Just Fancy Television

nishant — 2015-04-24T11:45:14Z

Nishant Shah reviews Ben Hammersley's book "64 Things You Need to Know for Then: How to Face the Digital Future Without Fear ", published by Hodder & Stoughton

The review was published in the Indian Express on December 8, 2012.

Let us begin by acknowledging that when the world was learning how to drive on the information highway, Ben Hammersley was out there, instructing us how to do it best. So it doesn’t surprise that 64 Things You Need to Know for Then: How to Face the Digital Future Without Fear, despite its untweetable title, is quite spot-on when it comes to describing our digital pasts, demystifying our interweb presents and preparing us for technosocial futures. Well-written, interspersed with illustrative anecdotes, reflective experiences and speculative ideas, the book looks at the good, the bad and the downright bizarre that the digital turn has introduced in our lives. Working through moments of nostalgia for things that have already become obsolete, and through experiences that morph even before we can comprehend them, Hammersley writes (or, as he suggests in his introduction — co-writes with hundreds of anonymous contributors) a book that is readable, for those seeking to understand how the digital world moves and those who want to remember their own role in shaping forgotten trends.

The book also attempts to answer some of the troublesome tensions in our understanding of our contemporary digital lives. Hammersley’s basic intention in writing the book is to show how technological shifts are not merely about changing usage patterns. It radically (and often dramatically) restructures our domains of life, language and labour. Older structures have become redundant and the new ones have not yet found their feet. There are many who attempt to think of the internet as a mere extension of older media practices. But as he says, “The internet is absolutely not just fancy television.” It is a technology that is reshaping everything we had understood about who we are and how we relate to the world around us.

However, Hammersley suggests, the ways in which the internet is rapidly transforming the world leads to a clear divide around technology literacy. The “technologically literate” are shaping the digital turn, experimenting and exploring the possibilities, but unable to fall back upon older structures of assurance to know whether the choices they are making are sustainable. At the same time, the “technologically illiterate” are still responsible for shaping a world that they are quickly losing track of.

This book clearly explains the technological, legal, cultural, social and economic shifts of the last 20 years, and how they foretell our futures, without complicating it with geeky discourses on code or theoretical bluster.

Hammersley also ensures that the book is not merely a glossary of terms. He has the most interesting anecdotes from around the world like Harry Potter fan-fiction and crowdsourced translations in Germany challenging intellectual property rights regimes, the Human Flesh Search Engines in China, which threaten to reinforce regressive mob politics while also enabling cultural vigilantes in our societies. He also goes beyond individual concerns and reflects on the larger political concerns of censorship, control and freedom, discussing with great lucidity, the complicated nuances of hacker groups like Anonymous, political effects of collectives like WikiLeaks, etc. It is an exciting mash-up of events that will make you smile at the audacity and irreverence of the players in the digital playground, but will also make you shiver as it lays bare the new authoritarian and violent regimes that emerge with digital technologies.

Instead of taking partisan positions about something as necessarily good or bad, Hammersley documents some of the practices, effects and affects of technology, to show how our world has changed. There is no explanation of why the list stops at 64 things. But it is a well curated list of social, cultural, economic and political concerns and provides a conversational account of the present and future, speculating, like an old friend on the living room couch on a Sunday afternoon.

The only criticism against Hammersley is that he is too dependent on the rules of the internet to explain the internet. The different laws that have evolved in computing and network theory, in the sociology of the Web and the economic analysis of information societies, are accepted too easily, and used as self-evident explanatory frameworks. But then, this is not a book pretending to argue for a new conceptual framework. It is a book that has set out to educate and entertain, slowly unfolding the fractured narratives of the Web from its military origins to its Arab Spring manifestations. Of the many books that are already flooding the market, trying to decode the Web, Hammersley’s list of 64 things is going to be at the top.

The writer is Director (Research), Centre for Internet and Society, Bangalore

For more details visit https://cis-india.org/digital-natives/blog/indian-express-december-8-2012-nishant-shah-not-just-fancy-television

Not a Goodbye; More a ‘Come Again’: Thoughts on being Research Director at a moment of transition

nishant — 2014-06-15T02:17:06Z

As I slowly make the news of my transition from being the Research Director at the Centre for Internet and Society, Bangalore, to taking up a professorship at the Leuphana University, Lueneburg, Germany, there is a question that I am often asked: “Are you going to start a new research centre?” And the answer, for the most part, is “No.”

Not because I don’t see the value of creating institutional spaces like these or that starting and running CIS has been anything short of a dream, but because I don’t how to. When I tell people I don’t know how CIS came into being, they suspect that I am being either facetious or dismissive. But I am not. If somebody asked me to write an Origin Story for CIS, I would be baffled – or probably sum it up by saying that it happened. There was the germ of an idea, a whole lot of people who responded to it, and like the great Tolkienian epic, it was a story that grew in its telling.

I was 27, when Sunil Abraham, the now Executive Director and I met together in New Delhi, to talk about what a research organisation that represents the public interest at the intersections of Internet & Society would look like. We spent three days in the Delhi heat, coming up with the most fantastic ideas about methods, structures and core areas of interest. It was one of those divine exercises where you build the template for your dream work and then, like a fairy-tale, we had incredible people who came and supported us to make that dream a reality. In six months of that first conversation – I had just turned 28 and was completing the last drafts of my Ph.D. dissertation – CIS got officially registered and with some of the most incredible people, who have been with us, both in their generous affective investment as well as in their intellectual and professional support, we kicked-off a research centre, that has become not only hard to ignore but also significantly important in bringing about scholarly and practice based research around the different facets of how the emergence and widespread reach of the Internet is changing the ways in which we become human, social and political in emerging information societies of the Global South.

In the 7 years since that first conversation started, I have learned so much from CIS and the networks that built around it, that it would be impossible to write an exhaustive account of it. However, as I now take up a new position at the CIS as a member of its board, and continue to collaborate with the on-the-ground teams intellectually, from my new position as a Professor, there are five things I want to dwell upon, more to remind myself of important lessons learned, but also as approaches that the new director and team might want to reference:

Research cannot be individually focused
One of the things that academic training does is that it promotes the idea of an individual researcher. We write, publish, seek grants and present our work, taking individual credit and building a body of work that is centred on us. True, we collaborate and we participate and we are opening up more distributed modes of learning and research, but at the end of the day, there is still an imagination of a research community that is built of individual scholars who work in a happy symbiosis and synthesis.

The biggest lesson I learned with the CIS was that research requires collectives – peers, supporters, and critics – that can help materialise a vision. Instead of trying to do ‘my’ research, it was the first time that I was enabling others’ research. I had a say in building the research vision, and establishing protocols of rigour and review, but to have a dream, and then to share it with others, so that it becomes a collective dream was an incredible experience. It was the beginning of a method that I hope informs all my work, where research methods are constantly going to accommodate for and be shaped by collective visions and approaches rather than just the individual as a lone warrior. More than anything else, it reassures us that we are not alone, either in our triumphs or our road-blocks, and it builds a community of thinkers that is more important than just the single authored outputs that we bring out.
Research requires infrastructure
Institutions are infrastructure. However, our jobs are so segregated, that we don’t always realise the incredible effort that goes into building such institutions and then making them work as efficient infrastructure to support research. It is very rare, in research publications that we thank our everyday office staff, the accounts team that processes the complicated bureaucracies of research funding, the programme managers who create networks and evaluation formats, or the numerous people who perform ‘non-research’ jobs so that we can do the research.

I had worked in project and programme manager positions before CIS. I had also worked as an independent researcher and consultant before that. But this was the first time I actually took the dual responsibility of not only initiating research but also providing the infrastructure for it. And I know that I am a wiser person for it. The intricate world of fund-raising, managing and developing networks, of implementing and monitoring research projects and contracts, and the need to constantly find sustainable options for the research programmes is something that requires an incredible amount of effort and resources. The researchers often are kept away from this world, or we often just ignore the intense quotidian activities that give us the privilege of doing our work, and my time with CIS taught me not only to appreciate this, but also to recognise these tasks as research.
All research must try and answer the ‘So What?’ question
Within academic circles, research has inherent value. We do have the freedom to develop new frameworks and ideas that might not have any immediate relevance and might in fact even fail without seeing the light of day. Academia is privileged because as long as we perform our pedagogic tasks, we have the space to experiment and often work on areas that might not benefit anybody outside the disciplines that we are located in.

At CIS, working at such close quarters with colleagues who are experts in policy and regulation, research became critical for me. It wasn’t research for research’s sake. It was research with a cause. At the same time, making the research relevant was not an exercise in dumbing it down so that it can be reduced to easy implementation. The effort required at making academic and intellectual research accessible, while still retaining its complexity has been a heady experience for me. Since CIS, I have tried to make sure that all research is able to answer the ‘So What?’ question, and every time, it has made the research more robust, more rigorous and having a greater audience and impact than it would otherwise have.
To be a research organisation is to be unafraid
One of the most fantastic things about being a young research organisations was that we were not afraid to voice our opinions and voice them loud. In the last 6 years, CIS has evolved into a strong voice that is not unanimous, but is still clear. We have had disagreements with established research and policy actors. We have critiqued decisions taken by policy and development institutions when we felt that they were flawed. We have provided a critical commentary to different instruments of law and regulation when necessary. We have challenged academic researchers in their methodology as well as in their disconnect from the ‘real world’. And we did it, because early on, the people who guided us, taught us, that research organisations have to be unafraid.

Unafraid, not just to ask tough questions of those outside, but also of asking tough questions internally. The team, as it has grown, has been a smorgasbord of disciplinary and stakeholder locations. We don’t necessarily speak the same language. We don’t also, agree on many critical points. But we never tried to be a consensus generation institute. Instead, we learned to coexist and even collaborate in our differences – it was something that external partners often had problems with. How can one set of people work towards critically opposing a phenomenon when others might actually write in favour of some of the aspects of that same phenomenon? How is it possible that some in the institute have great collaborations with a network that the others critique persistently in their work? These tensions, for me, have been generative and I hope that they continue, both in the institution but also in my future work.
Researchers are people too
This is one of the strangest things to realise, but it is a good lesson to remember. Academia and research work through abstractions. At some point, the researchers become names. They become only a body of work, a certain number of words. But dealing with researchers is to deal with human beings. We have to remember that researchers, while they are often driven and passionate and unable to extricate their lives from their work, do have lives and bodies and socialities that need to be managed. Institutions often get driven by matrices of measurement and politics of promotion and evaluation, at the neglect of the people who actually build it. The constant push at CIS was to recognise that we are all too human in our everyday lives. And to build work environments, relationships and spaces that nurture the people we work with is the primary responsibility of all research.

These points are probably too vague, but this blog post is already too long. I just wanted to take this opportunity to write some ‘Notes to the self’ about things that have been the most important to me in being the co-founder and Research Director at the Centre for Internet and Society. And now, it is time for me to move on. I want to place myself in an academic setting where I learn, I get some headspace to think and write, and do the one thing that I enjoy the most – teach. Starting 1st October 2014[*] I am stepping down as the Research Director and taking up a professorship in a new and exciting university, designing courses and research agendas at the intersections of internet studies, media studies, culture studies and aesthetic studies, bringing together some of my most passionate areas of interest. However, I continue to be interested and invested in CIS’ institutional growth. I shall be a part of the search committee as we invite a new Research Director in the Bangalore office, I shall be a part of the Board that governs the CIS, and I shall always think of CIS as my home, continuing mentoring and implementing existing collaborations but also building more, especially towards the pedagogic and knowledge production side of things.

When the final decisions about this transition were made last week, I had thought I would be emotional and heart broken. Instead, I only feel excited. I have a wonderful set of colleagues in Bangalore, and they, in turn, are at the centre of networks of support, love, empathy and trust. CIS will benefit from having a new Research Director who will bring new visions, new methods, new processes and infrastructure to the table, and I hope that as my own academic career grows, I shall find myself returning to CIS in different capacities and roles, both for what I could contribute to it, but also for what I continue to learn from the rich range and variety of activities that it anchors.

[*].For me, this is not a goodbye, but just a change in roles at the CIS. I will continue to use my CIS credentials and email address, and will be found on the existing contact details there for any queries or interactions with and on behalf of the CIS. So no need to change your address books, just yet.

For more details visit https://cis-india.org/raw/not-a-goodbye-more-a-come-again

Non Unicode ISCII Text Can be Converted to Unicode Now!

subha — 2012-12-21T09:59:18Z

Odia Wikipedian Manoj Sahukar has designed a new tool which can convert non Unicode ISCII text to Odia Unicode text. A majority of the digitized text and web content of newspapers and books are in non unicode text which now could be used for Wikipedia and other Odia Wiki projects. This opens a new arena for digitized free license books in Odia language.

Akruti Sarala is a known name in Odisha. Every single DTP operator who knows typing uses this font. Until now thousands of books have been created using this font. Even today many mainstream newspapers and magazines use this font for typing. Sadly, no one ever realized the content they are creating would be useless when it comes to sharing and reusing, especially on internet. Because, internet accepts a universal standard called "Unicode" for all the languages. When a book is limited only for printing purpose then use of non Unicode font is absolutely of no problem. But, when one copies text from an e-book created using non Unicode fonts (e.g. Sarala) and pastes it elsewhere strange characters gets displayed instead of Odia characters. This is the same situation for all other non-Latin languages.

Why this happens?

Non Unicode fonts use a funny technique. English/Roman characters are removed and Indian (or any other Non-Latin language) language characters are inserted instead of English characters. So, when you type any key from your keyboard the corresponding Indian language character displays instead of the English character. When you have a particular non Unicode font installed this technique works effectively. But, imagine when you don't have the font in your computer! By default it will show the English characters.

How Unicode fonts work?

Unicode fonts contain Indian language characters along with English characters. There is no character/glyph displacement. It is a global standard and fixed by The Unicode Consortium for all the languages. When one text is typed in an Indian language it displays the same character on Ubuntu, Windows or Mac operating system. As most of the operating systems come with Unicode fonts included there is nothing to be worried for installing them again.

How it got started?

Manoj Sahukar, a third year mechanical engineering student who is very enthusiast about the Odia science articles found Odia Wikipedia and realized that the volunteers are working so hard to write content which could actually be simplified rather than merely writing the same content. There are many science articles which he wanted to read on Wikipedia were not there. Then he realized the gap of the the non availability of Unicode content. This is also one more reason Google doesn't have a button for Odia unlike some of the other Indian languages. "Nothing could be such open and great platform like Odia Wikiepdia if one is searching content in Odia language. My tool is dedicated to the Odia Wikipedians who have been working hard for my language", expressed Manoj in the release note. He shared his interest and ideas with Odia Wikipedian Jnanaranjan Sahu and started working on building a tool which could convert the available science articles of Bigyana Diganta (a sciene magazine published in Odia language by Orissa Bigyana Academy) into Unicode. There are many articles which could be used for reference and some of the free content for WikiSource or WikiBooks. Finally he released his tool on internet on 12.12.12, the last one of the repeating dates of this century. It is still in its beta stage and Manoj is working on making it more user friendly. He is also keen on organizing technical events which will bring more individuals to create such open source tools. "My next target is developing OCR (Optical character recognition) software in Odia", says an excited Manoj.

What this tool does?

This tool could be used to convert text typed in non Unicode ISCII fonts to Odia Unicode text. The detailed procedure for using this tool and Unicode conversion is explained in a tutorial on Odia Wikipedia. The tool is released under GFDL license and is available for download on SourceForge.

Non Unicode text being copied from a PDF

Unicode font after conversion

Quick links:

Download from here
Project page on SourceForge: https://sourceforge.net/p/odiaconverter
Tutorial and technical description on Odia Wikipedia: http://or.wikipedia.org/s/cvm
Odia Unicode standard: Odia Unicode code chart

Manoj Sahukar talks about his ideas about the usability of Odia Unicode Converter tool

For more details visit https://cis-india.org/openness/blog-old/non-unicode-iscii-text-can-be-converted-to-unicode

No more 66A!

geetha — 2015-03-26T02:01:31Z

In a landmark decision, the Supreme Court has struck down Section 66A. Today was a great day for freedom of speech on the Internet! When Section 66A was in operation, if you made a statement that led to offence, you could be prosecuted. We are an offence-friendly nation, judging by media reports in the last year. It was a year of book-bans, website blocking and takedown requests. Facebook’s Transparency Report showed that next to the US, India made the most requests for information about user accounts. A complaint under Section 66A would be a ground for such requests.

Section 66A hung like a sword in the middle: Shaheen Dhada was arrested in Maharashtra for observing that Bal Thackeray’s funeral shut down the city, Devu Chodankar in Goa and Syed Waqar in Karnataka were arrested for making posts about Narendra Modi, and a Puducherry man was arrested for criticizing P. Chidambaram’s son. The law was vague and so widely worded that it was prone to misuse, and was in fact being misused.

Today, the Supreme Court struck down Section 66A in its judgment on a set of petitions heard together last year and earlier this year. Stating that the law is vague, the bench comprising Chelameshwar and Nariman, JJ. held that while restrictions on free speech are constitutional insofar as they are in line with Article 19(2) of the Constitution. Section 66A, they held, does not meet this test: The central protection of free speech is the freedom to make statements that “offend, shock or disturb”, and Section 66A is an unconstitutional curtailment of these freedoms. To cross the threshold of constitutional limitation, the impugned speech must be of such a nature that it incites violence or is an exhortation to violence. Section 66A, by being extremely vague and broad, does not meet this threshold. These are, of course, drawn from news reports of the judgment; the judgment is not available yet.

Reports also say that Section 79(3)(b) has been read down. Previously, any private individual or entity, and the government and its departments could request intermediaries to take down a website, without a court order. If the intermediaries did not comply, they would lose immunity under Section 79. The Supreme Court judgment states that both in Rule 3(4) of the Intermediaries Guidelines and in Section 79(3)(b), the "actual knowledge of the court order or government notification" is necessary before website takedowns can be effected. In effect, this mean that intermediaries need not act upon private notices under Section 79, while they can act upon them if they choose. This stops intermediaries from standing judge over what constitutes an unlawful act. If they choose not to take down content after receiving a private notice, they will not lose immunity under Section 79.

Section 69A, the website blocking procedure, has been left intact by the Court, despite infirmities such as a lack of judicial review and non-transparent operation. More updates when the judgment is made available.

For more details visit https://cis-india.org/internet-governance/blog/no-more-66a

NIE Steps in to Grow Konkani Wikipedia

vishnu — 2014-10-10T11:26:26Z

The Centre for Internet & Society's Access to Knowledge team (CIS-A2K) signed a memorandum of agreement (MoU) with Nirmala Institute of Education, Goa to enhance digital literacy in Konkani in the education sector across Goa.

The Access to Knowledge (A2K) programme of CIS, in its sustained efforts to enhance the content and reach of Kokani Wikepedia (which is in incubation), has signed an MoU for a period of five years with Nirmala Insitute of Education (NIE), a Secondary Teacher Education College established in 1963 by the Society of the Daughters of the Heart of Mary in response to the then urgent need for trained teachers in post liberation Goa. The key objectives of this partnership are: a) to design, develop and execute a certificate course titled "Teaching in the Age of Wikipedia", which is aimed at middle and high school teacher-trainees and teachers; and b) to introduce Wikimedia projects into the pedagogic curriculum of NIE.

Both CIS and NIE share a mutual interest in conserving, developing and disseminating knowledge free of cost in Konkani, which incidentally is Goa’s official language. Konkani as a language faces several challenges — it has no official script. The population who speak it are dispersed across the world and have little motivation to further the cause of Konkani, and there are few educational venues that offer a formal course to study Konkani or offer Konkani based curriculum. NIE Principal Dr. Denzil Martins welcomed this MoU and said that "it will guide our teacher-trainees to upload relevant information in Konkani that can be freely accessed by the local population" and "provide the volunteer-trainees with skills that they will be able to use to contribute and enhance the free knowledge in Konkani". The MoU was signed by Dr. Denzil Martins from NIE and T. Vishnu Vardhan (Programme Director, Access to Knowledge, CIS) in the presence of staff and students of NIE and volunteers Harriet Vidyasagar and Gayathri Rao Konkar. Dr. Rita Paes, ex-Principal of NIE who worked to forge this MoU sent her best wishes.

CIS-A2K since 2013, has worked to develop partnerships with key educational institutions to promote and grow Konkani Wikipedia. It has previously worked with NIE to design and implement a program to enroll 100 B.Ed. students to increase the amount of information available in Goan villages and towns on Konkani Wikipedia. A2K has also been instrumental in convincing Goa University to re-release Konkani Vishwakosh (encyclopedia) under CC-BY-SA 3.0 , making it freely available to public, giving them the right to share, use and even build upon the work that has already been done.

The course ‘Teaching in the Age of Wikipedia’ will enable the teacher participant to have a) a comprehensive understanding of changes due to digital technology to the knowledge domain; b) an introduction to various openness movements that inform the discourse on Open Educational Resources; c) exposure and training to participate on open knowledge platforms like Wikipedia; and d) practical examples and best practices of using Wikipedia and sister projects within the classroom context. The parties will also co-design and jointly implement programmes to introduce Wikipedia in the NIE curriculum. The curriculum for this workshop is positioned within the context of indian languages (particularly Konkani) and school education to ensure that any learning is practical and can be applied within the teachers immediate pedagogic environment. Speaking about the relevance of this course Gayathri and Harriet (who have been associated with NIE as volunteers) mentioned that "the Goa government has handed out tablets to all school going children in Goa. In order to use them effectively in the classroom will require teachers to rethink their role and teaching methodologies and this course is an important step towards that". Agreeing with this Denzil Martins feels that this course "will provide the teacher-trainees with ideas and inputs for using Wikipedia in creative ways in the classroom".

This partnership could bring huge momentum and scale for the growth of Konkani as participants who graduate from this course will as teachers act as anchors and mentors to teach and assign Wikipedia editing assignments in their respective schools and classrooms.

As Gayathri feels "such courses once fine tuned should be made available to teachers from all over the country and should be part of the package for introducing the digital technology in the school system. Today it ends with setting up computer labls in schools or distribution of hardware to students - they may have a 'computer teacher' but the class and subject teachers never become part of these new initiatives. Only when this happens can we move away from 'teaching computers' to using computers as tools to learn and teach, which is the primary objective of digital technology in schools".

CIS will develop this open course and welcomes anyone to partner in this effort, which will be made available for anyone to use it within their context. The efforts to build free and open knowledge platforms like Konkani Wikipedia will continue and partnerships like NIE will play a crucial role in building a robust knowledge society in India.

For more details visit https://cis-india.org/openness/blog-old/nie-steps-in-to-grow-konkani-wikipedia

New Contexts and Sites of Humanities Practice in the Digital (Paper)

sneha-pp — 2019-12-06T05:03:33Z

The ubiquitous presence of the ‘digital’ over the couple of decades has brought with it several important changes in interdisciplinary forms of research and knowledge production. Particularly in the arts and humanities, the role of digital technologies and internet has always been a rather contentious one, with more debate spurred now due to the growth of fields like humanities computing, digital humanities (henceforth DH) and cultural analytics. Even as these fields signal several shifts in scholarship, pedagogy and practice, portending a futuristic imagination of the role of technology in academia and practice on the one hand, they also reflect continuing challenges related to the digital divide, and more specifically politics around the growth and sustenance of the humanities disciplines. A specific criticism within more recent debates around the origin story of DH in fact, has been its Anglo-American framing, drawing upon a history in humanities computing and textual studies, and located within a larger neoliberal imagination of the university and academia. While this has been met with resistance from across different spaces, thus calling for more diversity and representation in the discourse, it is also reflective of the need to trace and contextualize more local forms of practice and pedagogy in the digital as efforts to address these global concerns. This essay by Puthiya Purayil Sneha draws upon excerpts from a study on the field of DH and related practices in India, to outline the diverse contexts of humanities practice with the advent of the digital and explore the developing discourse around DH in the Indian context.

This essay was published in Vol 22 No 1 (2016): SummerHill, Indian Institute of Advanced Study, Shimla. Edited by Dr. Bindu Menon. Download the essay here (PDF).

Abstract

The last couple of decades have seen an increasing prevalence of digital technologies and internet in the study and practice of arts and humanities. With the growth of fields like humanities computing, digital humanities (henceforth DH) and cultural analytics, there has been a renewed interest in the increasing role of the ‘digital’ in interdisciplinary forms of research and knowledge production. DH in particular has become a field of much interest and debate in different parts of the world, including in India. Globally, in the last two decades, there have been several efforts to organize the discourse around this field which seeks to explore various intersections between humanities and digital methods, spaces and tools1. But DH also continues to remain a bone of contention, with several perspectives on what exactly constitutes its methodology and scope, and most importantly its epistemological stake.

A specific criticism has been the Anglo-American framing of DH, located within a larger neoliberal imagination of the university and the higher education system at large. As a result, the connection of these two threads—a history of DH located in humanities computing and textual studies and its contextualization within the American university—is often represented as the history of DH. This has been met with resistance from several scholars and practitioners across the world calling for more global perspectives on the field. Drawing upon excerpts from a recently completed study on mapping the field of DH and related practices in India, this essay will attempt to outline the diverse contexts of humanities practice emerging with the digital turn, along with a reading of some of the global debates around DH to understand the discourse around the field in the Indian context.

For more details visit https://cis-india.org/raw/new-contexts-and-sites-of-humanities-practice-in-the-digital-paper

Net Neutrality Resources

praskrishna — 2017-04-22T09:11:21Z

Submissions by the Centre for Internet and Society to TRAI and DoT, 2015-2017.

Submission for TRAI Consultation on Regulatory Framework for Over-the-Top Services (June 29, 2015)
Submission to TRAI Consultation on Differential Pricing (January 7, 2016)
Counter Comments to TRAI on Differential Pricing (January 14, 2016)
TRAI Consultation on Differential Pricing for Data Services: Post-Open House Discussion Submission (January 25, 2016)
Submission to TRAI Consultation on Free Data (June 30, 2016)
Submission to TRAI Consultation on Proliferation of Broadband through Public WiFi Networks (August 28, 2016)
Submission to TRAI Consultation Note on Model for Nation-wide Interoperable and Scalable Public Wi-Fi Networks (December 12, 2016)
Submission to TRAI Consultation on Net Neutrality (April 18, 2017)

For more details visit https://cis-india.org/internet-governance/resources/net-neutrality-resources

Negative of porn

namita — 2011-08-02T08:35:34Z

The post deals with what has been written about Savita Bhabhi in an attempt to make sense of her peccadiloes and with the seeming futility of Porn studies located in America to our different reality. I take the liberty of exploring my own experiential account of pornography since I feel that in that account (mine and others) when done seriously, certain aspects of pornography emerge that address questions that are about cinema, images, sex, philosophy and how desire works. The title is mischeviously inspired from Dr. Pek Van Andel's recent video of MRI images of people having sex.

Jonathan James McCreadie Lillie in his article “Cyberporn, Sexuality and the Net Apparatus” while talking about academic engagement with pornography (by Kipnis, Hunt, Waugh, Kendrick) points to how they share “a common concern with analysing pornography within the various cultural constructs and social spaces in which it appears, and in which people encounter it”. He says that a new agenda for cyberporn research has to acknowledge that “people have produced pornography in many different forms for many different purposes, and the reasons why people use it or do not use it, and what meanings they make of it, are equally diverse”. (1)

Lillie points towards cyberporn reception studies – the home/office terminal as a site of cyberporn reception – as a possible starting point of further work on cyberporn. My interest is located in how does one understand your own consumption of internet porn, located as it is in the context that is not the global North and more specifically not male and not heterosexual. Attempting to do that through the readings in porn studies (Porn studies, edited by Linda Williams) (2), or specifically net porn studies (C’lick me – Net Porn Reader) (3), has not been entirely fruitful though what is talked about is highly interesting. One of the problems perhaps lies in what Lillie says about the need for analyzing pornography within the various cultural constructs and social spaces in which it appears, rather than separate or floating above them. The Internet does not entirely make protean beings (cyborgs?) of us after all, and the relevance of porn studies elsewhere can only be partially relevant to a study here.

[Curiously though the debates within feminism and the women’s movement around pornography in the global North – the familiar rhetoric of the causal links between pornography and violence, do have a resonance in similar debates in the women’s movement here. At a roundtable discussion on the role of media at the recent Courts of Women organized by Vimochana (4), many of the sentiments expressed by activists and organizations see a causal link between explicit sexual material, violence and its direct negative impact on morals, attitudes and behaviour of people.]

Linda Williams begins the volume on Porn Studies by stating that there has been a movement from the deadlock of pro-censorship and sex positive feminist discourse on pornography, to a stage where there is a veritable explosion of sexual material that is crying out for analysis, and that sexually explicit imagery is a fixture in popular culture today (obviously referring to America but to some extent true for other contexts as well). In some ways there is an attempt amongst academics, intellectuals, journalists and other writers here to make sense of the pornographic material that has crept into our media saturated cities. Many recent articles spawned by the ban on Savita Bhabhi attempt to understand the unleashing of desire around Savita Bhabhi (from a rock song to unashamed fandom) and to analyse the reasons for the ban or rather what makes Savita Bhabhi threatening.

Savita Bhabhi, the [porn] [toon] [star]

Itty Abraham undertakes a fairly detailed analysis of what is happening in twelve episodes of Savita Bhabhi and perhaps unconvincingly places the crux of the story of Savita Bhabhi on her cuckolded husband, Ashok (5). He says “Their family life is relentless modern, nuclear, bourgeois, if also gendered in familiar ways. The couple eats together (and at the same time), they watch TV together in the evenings, and sleep in the same bed.” For Abraham, the comic is about “these new sexual possibilities.. that begin from a new kind of freedom to which the modern urban woman has access”. The article suggests that we seem to be faced with a choice between the free untrammeled Savita and her easy occupation of urban spaces protected by an aura of class and her husband Ashok who is the hard worker earning enough to keep alive her/our illusion of abundant urban neoliberal existence. Interestingly the article is not attempting to make a point about pornography in relation to ideas of culture, tradition, vulgarity or other familiar motifs in the debate on obscenity.

Shohini Ghosh’s article takes on the task to find out what precisely is so transgressive about Savita Bhabhi (6). Savita Bhabhi is poised between the family and husband and illegitimate desires (similar to themes in Charulata, Hum aapke hain kaun). She points that the pleasure of the comic is not just that there are hard core sexual scenes as much as that the husband or a similar character cannot look at what you look at. The Indian erotica (or pornographic text) scene too is replete with tales of incest and transgressions with domestic workers or servants|maids as they are called in the stories. Ghosh while acknowledging the harm-violence debate within feminism on pornography, states that she is anti-censorship – that although it is obvious that media, images have an impact (otherwise why would they be cause of study) there is no neat causal link between porn and sexual violence. She ends by saying that “pornography then is a phantasmatic arena. It does not reflect people’s ‘real’ sex lives so much as it articulates the desires and aspirations for imagined ones.”

Both articles make important linkages to other and pre-existing debates on neo-liberal agendas, occupation of urban spaces, feminism and obscenity. Ghosh seems to also be referring to a broader category of Indian porn and the problems posed by it. She also gestures towards the problems that might be posed if Savita Bhabhi were a real person and not a comic, but by and large most journalistic writing/analysis of Savita Bhabhi flattens out the field – asking questions as if comic characters were real persons, and not taking into account aesthetics, technology (mode of delivery) or where and how it is viewed (reception) by people. There is a difference in the way I respond to a comic about sex than to an MMS or hidden camera porn where I am aware of the ‘realness’ of atleast some aspects of the image I’m looking at.

The ‘realness’ raises certain dilemmas – the anxiety is not as severe and troubled as in the case of Mysore Mallige which is haunted by urban legends of the couples or only the woman committing suicide, forced marriage at a police station etc. Nonetheless to encounter the MMS video, when the woman is looking directly at the camera often so it does not seem like a hidden camera or non-consensual video, is to acknowledge the taking of pleasure at the expense of someone else which may or may not bother you, but does render the activity far more illicit and scary. My feeling of fear|anxiety|secrecy|aloneness when surfing pornography, whether in the office, home or anywhere where I can be discovered, is an added layer to the experience even if the various aspects of violation of privacy, vulnerability of the woman in the video or the existence of a pornography industry are not uppermost in the mind when actually viewing the clips. One of the few works done that do address this complicated set of affects that circulate and attach themselves to pornography is Bharath Murthy’s film on Mysore Mallige ( the next post will be on this film and interview with Bharath Murthy). (7)

This is why I would insist that the comic is a different space for a viewer – some things such as anxieties about who this person I’m looking at is and what happened to her do disappear, while others such as a comic is bright, colourful and highly visible on my computer screen (for instance) become more important. It is harder to hide surfing Savita Bhabhi in an office than reading erotica or even downloading and discreetly watching a small video. The aspect of how Savita Bhabhi being a comic/drawn character changes how a viewer relates to the material is an area of study that needs to be looked at more closely, perhaps with the help of existing work that looks at the manga, anime, hentaii phenomenon in Japan and parts of South East Asia.

The makers of Savita Bhabhi were anonymous till the ban and after what seemed like a rather brief struggle with authority (SaveSavita campaign on twitter and a blog) they vacated the public scene. As a consequence of no real contest, the ban persists. But perhaps what is admirable is that many people have learnt to use tools that allow them to still view Savita (and to expose them here would be just foolhardy). In an interview online the makers of Savita Bhabhi state .. “For one, it (comic) is a unique medium in the context of Indian porn. We’ve had MMS’s, videos, stories, etc, but no porn comics. Also a comic allows us to explore the fantasy in a much more vivid way than any other medium.” This fantasy life however cannot be dismissed, as it is indeed very real, or as they say – “based on real life fantasies of our authors and fans. They are all something that a normal full blooded Indian male or female would be fantasizing about on their commute to work or a lazy evening at home.” In a short interview with the makers of the comic more recently and subsequent to the ban they said that probably it was Savita Bhabhi’s popularity that led to her downfall and that they set out to explore Indian sexuality, which “obviously is a big No”.

To return to Lillie’s call for a cyberporn reception studies perhaps it is time in relation to looking at such material that we step away, even if briefly, from these debates on feminism, vulgarity and obscenity in Indian culture and others. In an interview dated 5th September, 2009, Ratheesh Radhakrishnan says that what needs to be looked at when studying pornography, is not the questions of Indian culture, religion, roles of women and gender (as for questions related to obscenity) but the aesthetics of pornography. In his own work Radhakrishnan deals precisely with this question in relation to the category of ‘soft porn’ and how Shakeela becomes a star through soft porn cinema – a star not entirely governed by the narrative of the film but seemingly existing beyond the limit of the film itself. (8) By doing this, his work deals with the question of how desire works in such films, which perhaps is one of the more important question to ask about pornography. In the same interview, he states that there is “something that takes place between the text and the person watching” and that is what he is interested in.

Anti-porn

Radhakrishnan’s position is interesting in relation to this project as it opens up questions that are beyond the feminist deadlock on pornography and also goes beyond rhetoric of the liberating potential of the explosion of the polymorphous perverse online. The latter is where a lot of porn studies undertaken in the global North seems to get lost. The breathless recounting of the pornographic in the everyday, does not help since it becomes very obvious that any analysis would not be relevant to a vastly different context in India. (9)

Walter Metz in his article on Open Water (10) challenges the ethics of porn studies – though he acknowledges that pornography is more a symptom rather than a cause of anti-social behaviours that it is often linked to (violent rape, aggressive behaviour, sexism etc.), but still raises the question as to whether there are significant reasons to put the brakes on a rabid, radical celebration of the liberating potential of pornography. Metz talks about the need, within porn studies, to look at the positive and negative impact of pornography (possibly he would extend that to looking at violent martial arts film and other strands of cinema/new media).

Metz’s paper as such deals with Open Water as an anti-pornographic film (here referring to the generic practice of pornography rather than political positions) and this might be an interesting productive mode to understand the affect produced by pornography. Though Metz qualifies that he’s not using pornography as a genre, but rather “as a reading frame. If one keeps thinking about pornography while watching a non-pornographic film, what is the resulting interpretation?” Since I haven’t seen the film Open Water perhaps my interest in such an analysis is misfounded. Metz describes the frustration depicted in the film Open Water between the audience expectations for a reasonably good looking, tanned, blonde couple to get-it-on and what happens to their bodies instead in the open water of the sea and prey to sharks, is similar to the disjuncture that takes place in one of the films part of the Destricted project. (11)

Destricted is an interesting artistic|intellectual|new media|film experiments in the global North around pornography. It is a series of short films that resulted from an invitation to seven well known artists and filmmakers to try to respond to sex and especially the phenomenon of pornography in the contemporary. One of the films Death Valley by Sam Taylor-Wood borrows from the Biblical tale of Onan and places a man masturbating in the heaving, throbbing landscape of the Death Valley (the hottest place in the Western hemisphere where the earth’s crust is constantly changing and shifting). For precisely 7 minutes and 58 seconds, the protagonist of the film masturbates uncomfortably without reaching ejaculation and/or release. The painful un-release of this film, perhaps is meant to be juxtaposed with the assumed ease of pornography’s answer to desire. However peculiarly it actually is probably an accurate description of the experiential account of pornography – of looking, searching, finding, downloading on painfully low speeds, watching short clips that are blurred, shot only from one angle, badly drawn comics or looking at largely uninspiring material which is not acquired or found easily.

In some ways the experience of watching either of these films sounds similar to watching certain kinds of MMS video porn. For instance, one video was of a couple doing oral sex in a toilet cubicle. The angle of the camera was from the top and perhaps the intention behind this was to obscure the faces of the two persons, since only the top of their heads are visible. It did not seem like the couple were unaware of the video camera, as much as performing for it almost unwillingly and only if the anonymity was preserved. The video was low quality and highly blurred, to the point of any features being indistinct beyond blackness of hair (maybe) and generic skin tone which could be Indian, Iranian or generic South Asian. The resemblance to the Destricted video is because again of the time it takes to reach ejaculation – there is a painfully long uninspiring blowjob sequence. The video remains scary and leaves one with a feeling of claustrophobia, discomfort and peculiarly boredom or distance from what is happening. Yet perhaps it is here that the question of realness and the affect it produces enters again. The question that intrigues me is whether the affect produced by the video is because there are certain gestures of the woman that seem recognizable, because she seems like you (ethnically, racially ofcourse but also in sexual spaces she occupies and behaviour). After having accomplished the task of coaxing semen out of the uninspiring penis she is faced with, she folds her legs and speaks indistinctly. In that moment she seems uncomfortably familiar, like watching a friend having sex or maybe an aspect of yourself.

It is perhaps interesting that it is amateur pornography these days that seems to inspire the most complicated set of affects (unlike the schooled|disciplined and predictable response to cinema) – shocked recognition of yourself and desire to see it again, titillation, boredom but yet unwilling to look away, love for celebrities, pleasure of viewing a body like yours and even sometimes a recognition that this is what you look like during sex, fear about your own privacy, disgust for what seems unacceptable and provokes the moral|visual|auditory sensibilities and contempt for the material and the people who possibly are genuinely engaged with it. The article on Pam and Tommy’s video in Porn Studies infact displays these varied affects and underlines William’s assertion that this bracket of material, behaviour and practices that get termed pornography/pornographic does indeed deserve analysis, otherwise a potentially unique and interesting way of understanding the contemporary would be lost for squeamishness.

There are many aspects of the Minette Hillyer’s analysis (12) that are specifically relevant only to the American contexts – the notoriety of both the stars, the pre-existence and glorification of home videos in most families and the acknowledgement of amateur couple porn as even a healthy practice, perhaps suggested for couples with dull sex lives. In India, it was infact unknown people who were catapulted into the public eye with the circulation of their video, online and offline that was later titled Mysore Mallige ; not just the private spaces, holidays and fucking habits of already-celebrities like Pam and Tommy.

What might be relevant here from Hillyer’s analysis is the pre occupation with the realness of amateur pornography. The article follows the travels of the Pam and Tommy home video between different categories/genres, depending on different aspects of its realness. The video as such, contains scenes from the normal domestic lives of the stars and a eight minute sequence of sex in an almost fifty minute length video. So the questions of realness are answered not by the sex in the video, but the mundane recording of their lives, holidays, house and other details. This question of what exactly it is – home video or pornography (domestic/private or pornographic/public) is relevant to questions of legality (for damages upto 90 million dollars), how it circulates (a pornographic video of Pam and Tommy without the domestic padding perhaps would not be considered real and saleable) and genre which relates to some aspects of how people respond to the work. Ever since the advent of (cheap) video technology, pornography is rendered less cinematic and more concerned with the presentational act (of sex) than its representation (ibid). With MMS videos and hidden camera porn, though questions may no longer be about representation, they are still complicated questions about the aesthetics, reception of pornography and our relation to the technology that delivers it and for me viewing pornography today as only presentational does not help to understand the affects that surround and attach to it. Perhaps many strands of what is explored in this article can be explored in relation to Mysore Mallige in the next blog post.

Just as I finish this piece, after an interview with Nishant Shah at Center for Internet and Society, another question enters the frame in relation to pleasure, moving it beyond those raised above. Is pleasure now a question that is less about finding the corporeal thrill through pornography online, as much as pleasure that comes from simulation and the added rush of simulating cities, lives, personalities online. And is that pleasure, pornographic?

End notes:

1. Jonathan James McCreadie Lillie, “Cyberporn, Sexuality, and the Net Apparatus”, Convergence 2004; 10; 43

2. Williams Linda (ed), Porn Studies, Duke University Press, London and Durham, 2004.

3. Katrien Jacobs, Marije Janssen, Matteo Pasquinelli (eds), C’lick Me: A Netporn Studies Reader, Institute of Network Cultures, Amsterdam, 2007.

4. Courts of Women, Vimochana Bangalore, 27-29 July, 2009.

5. Itty Abraham, Sex in the Neo-liberal City: On Savita Bhabhi, Available at The Fish Pond at http://thefishpond.in/itty/2009/on-savita-bhabhi/#comments

6. Shohini Ghosh, The politics of porn, Himal South Asian Magazine, September 2009, Vol 22, No. 9.

7. Bharath Murthy (director), Mysore Mallige, 2007.

8. Ratheesh Radhakrishnan, “‘The Mis-en-scene of desire’: Stardom and the case of soft porn cinema in Kerala!” Unpublished work. Contact author for copy.

9. Bloomingdale's now sells Tom of Finland shirts and trousers, housewives celebrate their birthdays by piercing their geni- tals, college students dance naked instead of waiting tables to pay their tuition, and middle-level managers schedule a session with a dominatrix in their favorite dungeon after a game of racquetball at their regular health club. From Joseph W. Slade, Pornography and Sexual Representation: A Reference Guide, Greenwood Publishing Group, 2001.

10. Walter Metz, “Shark Porn: Film Genre, Reception Studies, and Chris Kentis' Open Water” Film Criticism, March 22, 2007

11 Destricted: explicit films, Marina Abramovic, Matthew Barney, Marco Brambilla, Larry Clark, Gaspar Noé, Richard Prince, Sam Taylor Wood (directors), 2006.

12 Minnette Hillyer, “Sex in the suburban: Porn, Home movies and the Live Action Perofmance of Love in Pam and Tommy: Hardcore and uncensored”, Porn Studies, Duke University Press, London and Durham, 2004, p.50.

For more details visit https://cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/looking-closer-at-porn-with-x-ray-spectacles-savita-bhabhi-mms-video-and-others

Navigating the Digitalisation of Finance: User experiences of risks and harms

2025-04-10T05:49:23Z

Our study unpacks the experiences of marginalised users navigating the digitalisation of finance. Through a survey of 3,784 users, 18 interviews and 7 focus group discussions, our study’s findings highlight user experiences of risks and harms while accessing digital financial services, unpacking experiences specifically of persons with disabilities, transgender persons, gender and sexual minorities, elderly persons, women, regional language-first users, and persons facing digital and economic vulnerabilities.

Read the full report here

Executive Summary

The last couple of decades have seen significant changes in the financial ecosystem in India, both within the fintech sector and with respect to digital financial inclusion. The rapid growth in the reach of banking services to previously unbanked citizens through the Pradhan Mantri Jan Dhan Yojana has been followed by digitalisation in financial and public services.

However, a commensurate increase in digital and financial literacy has not followed, and rates of access to digital devices and the internet are still growing for many user groups, like rural women and regional language speakers. From the proliferation of fraudulent schemes and cybercrime to regulatory loopholes and inadequate consumer protections, the landscape of online financial services in India presents numerous risks. Factors such as weak cybersecurity measures, data breaches, lack of awareness among users, and the absence of comprehensive regulations create a fertile ground for financial scams. Simultaneously, rapid digitalisation of financial services, especially post demonetisation and the COVID-19 pandemic, has also brought to the fore concerns around omissions and exclusion of sections of users from databases, and a steep learning curve in adapting to this new digital ecosystem.

These combined factors open up users to a range of potential financial risks and harms, with differential impact on specific marginalised and vulnerable groups. With this understanding, we use the term digital financial harms to refer to adverse financial outcomes and other related detrimental consequences in the use of digital financial services.

Through this study, we aim to situate these experiences in a continuum of harms within a rapidly digitalising financial ecosystem. By exploring questions of access, accessibility and language we hope to bring aspects of cybersecurity, digital and financial literacy and design justice into conversation with each other. While some research has aimed to understand technology-facilitated gender based violence, financial fraud, misinformation, and other forms of digital risks in siloes, the correlations between these risks online remain severely understudied. In this report, we focus on the experiences of groups long marginalised within the financial system, to recommend that their needs are centred in shaping digital financial services.

Key questions guiding our research were:

How were digital financial risks understood and experienced by users of digital financial services across groups? What factors have amplified risks for marginalised and at-risk user groups?
What potential vulnerabilities, risks and harms have emerged relating to digital financial services around device and internet access, accessibility, challenges with use, exclusions from digitalised social protection, and forms of social engineering and digital financial fraud?
How accessible were digital financial service providers’ and governments’ reporting and grievance redressal systems?
What role should fintech platforms, social media platforms, banking and financial institutions, government, and regulatory bodies play in reducing digital financial risks across the ecosystem?

This was a mixed methods study, consisting of a review of available literature in the field, followed by quantitative and qualitative data collection through surveys and in-depth interviews. The report highlights the experiences of persons with disabilities, gender minorities, the elderly, low income users, and regional language first users; to better understand how discrimination, exclusion or slow redressal processes may increase their risk or cause disproportionate harm when using digital financial services. It discusses users’ experiences of fraud in the context of an evolving regulatory ecosystem, as well as practical challenges users face with redressal systems.

Key findings include:

Access to digital financial services, still requires improving access and accessibility of physical and phygital banking services, and good internet connectivity.
Even among mobile phone owners, many users still rely on shared devices, particularly among women and persons with disabilities.
There is a high need for support in utilising net banking services, with 60% of surveyed netbanking users mentioning that they sought help to conduct online banking transactions. Migrating to digital financial services is not a purely digital journey for users who are still building comfort with digital interfaces, or those whose languages are deprioritised in the development of digital financial platforms.
Age, gender, and income were significant factors in the access to the internet, and adoption of digital financial services. For instance, women and transgender persons over 45 years were less likely to have a Unified Payments Interface (UPI) account. Women, transgender persons, and disabled users of UPI were also more likely to be infrequent users compared to the rest of the sample.
Over reliance on digital platforms for the administration of direct benefit transfer programmes results in challenges and risks of exclusions for beneficiaries.
While awareness of common forms of fraud is high, awareness of security protocols, Know Your Customer (KYC) requirements and markers of trustworthy banking and non-banking institutions is low.
Irrespective of the amount of money lost during frauds, it caused significant financial and emotional burden, especially for low-income persons.
In the absence of monitoring frameworks, bad actors within the financial system are able to exploit vulnerabilities like the dependence of account holders on banking correspondents.
Gender and sexual minorities, and women face disproportionate impacts of harm in the event of financial loss, including the consequences of image-based sexual abuse, victim blaming, domestic violence and limits on financial independence.
Ineffective grievance redressal for cybercrimes is a major deterrent to reporting.
Digitalisation and the use of assistive technology have allowed some persons with visual impairments to gain relative levels of independence in managing their own finances and conducting transactions. However, implementation of accessibility policies and features remains uneven, and is marred by the continued exclusion and discrimination within traditional banking services.

Based on these findings, this report offers a set of recommendations addressed to stakeholders within the financial ecosystem such as banking and other financial institutions, regulatory bodies, fintech companies, cybersecurity professionals, as well as social media platforms and civil society organisations working on digital inclusion, safety and literacy. The recommendations offer nuanced perspectives on how digital financial harms can be prevented and mitigated based on our interactions with various stakeholders during the research process.

Key recommendations emerging from the study are:

Create meaningful connectivity and access to digital platforms by improving public infrastructure and addressing the challenges associated with shared devices and mediated use.
Improve platform design to engender trust; increase accessibility and usability through assessment and better implementation of available technologies, regular design audits and facilitate availability in Indian languages.
Building awareness and capacity across user and stakeholder groups through customised and inclusive programming, working in partnership with communities.
Centre consumer protection in regulatory interventions and approaches to law enforcement, by implementing robust time-sensitive reporting and redressal mechanisms, placing accountability on financial institutions, and monitoring and curbing fraudulent activity.
Encourage transparent governance and public oversight by measuring and evaluating digital public infrastructures to maximise their public value.

Contributors

Research design and/or report writing: Amrita Sengupta, Chiara Furtado, Garima Agrawal, Nishkala Sekhar, Puthiya Purayil Sneha, and Vipul Kharbanda

Research advice and/or review: Antara Rai Chowdhury, Janaki Srinivasan, Nayantara Sarma, Palak Gadhiya, Pallavi Bedi, Sameet Panda, Semanti Chakladar, Shashidhar K J, Shweta Mohandas, and Taranga Sriraman

Research and/or data analysis support: Chetna V M, Pallavi Krishnappa, and Yesha Tshering Paul

Data analysis: Chiara Furtado, Garima Agrawal, and Nishkala Sekhar

Research tool translation: Aravind R (Kannada), Balaji J (Tamil), Bhaskar Bhuyan (Assamese), Nettime Sujata (Bangla), and Suresh Khole (Marathi)

Research tool pilots: Raveenaben (Megha Cooperative, SEWA), Sunaben (Megha Cooperative, SEWA), and Raja Mouli N

Data collection (survey): D-Cor Consulting

Data collection (focus group discussions): D-Cor Consulting; Jnana Prabodhini, Pune; Transgender Rights Association, Chennai; and Subodh Kulkarni

This work is shared under the Creative Commons Attribution-ShareAlike 4.0 International License (CC BY-SA 4.0)

For more details visit https://cis-india.org/raw/navigating-the-digitalisation-of-finance

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

anandi — 2014-02-20T10:00:32Z

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 Lakshadweep.

The Department of Social Justice, Empowerment and Culture is responsible for welfare of persons with disabilities in Lakshadweep. The union territory has an estimated population of 1678 persons with disabilities in a total population of 64,429 people. Lakshadweep implements two schemes under Skill Development & Employment, three schemes under Social Security, Health, Rehabilitation & Recreation and has notified authorities for disability Certification and certifying Organisations & Individuals for Persons with Disabilities.

Click to download the full chapter (PDF, 187 Kb)

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

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