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Can Judges Order ISPs to Block Websites for Copyright Infringement? (Part 2)
https://cis-india.org/a2k/blogs/john-doe-orders-isp-blocking-websites-copyright-2
<b>In a three-part study, Ananth Padmanabhan examines the "John Doe" orders that courts have passed against ISPs, which entertainment companies have used to block dozens, if not hundreds, of websites. In this, the second part, he looks at the law laid down by the U.S. Supreme Court and the Delhi High Court on secondary and contributory copyright infringement, and finds that those wouldn't allow Indian courts to grant "John Doe" orders against ISPs.</b>
<p style="text-align: justify; ">In the second part of his study, Ananth Padmanabhan proceeds to examine applying a general theory of secondary or contributory copyright infringement against ISPs. He traces the basis for holding a third party liable as a contributory by closely examining the decisions of the U.S. Supreme Court in Sony Corp. v Universal City Studios<a href="#fn1" name="fr1">[1] </a>and MGM Studios, Inc. v Grokster, Ltd.<a href="#fn2" name="fr2">[2] </a>and concludes that this basis does not hold good in the case of a mere conduit intermediary such as an ISP.</p>
<p>[<a href="#fr1" name="fn1">1</a>]. 464 U.S. 417 (1984). Hereinafter referred to as <i>Betamax</i>.</p>
<p>[<a href="#fr2" name="fn2">2</a>]. 545 U.S. 913 (2005). Hereinafter referred to as <i>Grokster.</i></p>
<hr />
<h2>Primary and Secondary Infringement</h2>
<p style="text-align: justify; ">Liability for copyright infringement can either be primary or secondary in character. In the case of ISPs, liability as primary infringers does not arise at all, and it is in their capacity as conduit pipes facilitating the transmission of information that they could be held secondarily liable. Even in such cases, the contention of copyright owners is that once the ISP is notified of infringing content, it has the primary responsibility of preventing access to such content. This contention is essentially rooted in a theory of secondary infringement based on knowledge and awareness, and the means to prevent further infringement.</p>
<p style="text-align: justify; ">The controversy around a suitable model of secondary infringement is reflected in two judicial pronouncements – separated by a gap of more than two decades – delivered by the U.S. Supreme Court. In <i>Sony Corp. v Universal City Studios</i>,[<a href="#fr3" name="fn3">3</a>] the US Supreme Court held that the manufacturers of home video recording devices known in the market as Betamax would not be liable to copyright owners for secondary infringement since the technology was capable of substantially non-infringing and legitimate purposes. The U.S. Supreme Court even observed that these time-shifting devices would actually enhance television viewership and hence find favour with majority of the copyright holders too. The majority did concede that in an appropriate situation, liability for secondary infringement of copyright could well arise. In the words of the Court, “<i>vicarious liability is imposed in virtually all areas of the law, and the concept of contributory infringement is merely a species of the broader problem of identifying the circumstances in which it is just to hold one individual accountable for the actions of another</i>”. However, if vicarious liability had to be imposed on the manufactures of the time-shifting devices, it had to rest on the fact that they sold equipment with constructive knowledge of the fact that their customers <i>may</i> use that equipment to make unauthorized copies of copyrighted material. In the view of the Court, there was no precedent in the law of copyright for the imposition of vicarious liability merely on the showing of such fact.</p>
<p style="text-align: justify; ">Notes of dissent were struck by Justice Blackmun, who wrote an opinion on behalf of himself and three other judges. The learned Judge noted that there was no private use exemption in favour of making of copies of a copyrighted work and hence, unauthorised time-shifting would amount to copyright infringement. He also concluded that there was no fair use in such activity that would exempt it from the purview of infringement. The dissent held the manufacturer liable as a contributory infringer and reasoned that the test for contributory infringement would only be whether the contributory infringer had <i>reason to know or believe </i>that infringement would take place and <i>not whether he actually knew of the same</i>. Off-the-air recording was not only a foreseeable use for the Betamax, but also its intended use, for which Sony would be liable for copyright infringement.</p>
<p style="text-align: justify; ">This dissent has considerably influenced the seemingly contrarian position taken by the majority in the subsequent decision, <i>MGM Studios, Inc. v Grokster, Ltd.</i><a href="#fn4" name="fr4">[4]</a> This case called into question the liability of websites that facilitated peer-to-peer (P2P) file-sharing. Re-formulating the test for copyright infringement, the US Supreme Court held that ‘<i>one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties</i>’. In re-drawing the boundaries of contributory infringement, the Court observed that contributory infringement is committed by any person who intentionally induces or encourages direct infringement, and vicarious infringement is committed by those who profit from direct infringement while declining to exercise their right to limit or stop it. When an article of commerce was good for nothing else but infringement, there was no legitimate public interest in its unlicensed availability and there would be no injustice in presuming or imputing intent to infringe in such cases. This doctrine would at the same time absolve the equivocal conduct of selling an item with substantial lawful as well as unlawful uses and would limit the liability to instances of more acute fault than the mere understanding that some of the products shall be misused, thus ensuring that innovation and commerce are not unreasonably hindered.</p>
<p style="text-align: justify; ">The Court distinguished the case at hand from <i>Betamax</i>, and noted that there was evidence here of active steps taken by the respondents to encourage direct copyright infringement, such as advertising an infringing use or instructing how to engage in an infringing use. This evidence revealed an affirmative intent that the product be used to infringe, and an <i>active </i>encouragement of infringement. Without reversing the decision in <i>Betamax</i>, but holding that it was misinterpreted by the lower court, the Court observed that <i>Betamax</i> was not an authority for the proposition that whenever a product was capable of substantial lawful use, the producer could never be held liable as a contributory for the use of such product for infringing activity by third parties.<i> </i>In the view of the Court, <i>Betamax </i>did not displace other theories of secondary liability.<i> </i>This other theory of secondary liability applicable to the case at hand was held to be the inducement rule, as per which any person who distributed a device with the object of promoting its use to infringe copyright, as evidenced by clear expression or other affirmative steps taken to foster infringement, would be liable for the resulting acts of infringement by third parties. However, the Court clarified that <i>mere knowledge of infringing potential or of actual infringing uses would not be enough</i> under this rule to subject a distributor to liability. Similarly, ordinary acts incident to product distribution, such as offering customers technical support or product updates, support liability etc. would not by themselves attract the operation of this rule. The inducement rule, instead, premised liability on <i>purposeful, culpable expression and conduct</i>, and thus did nothing to compromise <i>legitimate</i> commerce or discourage innovation having a <i>lawful</i> promise.</p>
<p style="text-align: justify; ">These seemingly divergent views on secondary infringement expressed by the U.S. Supreme Court are of significant relevance for India, due to the peculiar language used in the Indian Copyright Act, 1957.<a href="#fn4" name="fr4">[4]</a></p>
<p style="text-align: justify; ">Section 51 of the Act, which defines infringement, bifurcates the two types of infringement – ie. primary and secondary infringement – without indicating so in as many words. While Section 51(a)(i) speaks to primary infringers, 51(a)(ii) and 51(b) renders certain conduct to be secondary infringement. Even here, there is an important distinction between 51(a)(ii) and 51(b). The former exempts the alleged infringer from liability if he could establish that <i>he was not aware and had no reasonable ground for believing that </i>the communication to the public, facilitated through the use of his “place”, would amount to copyright infringement. The latter on the other hand permits no such exception. Thus, any person, who makes for sale or hire, or by way of trade displays or offers for sale or hire, or distributes for the purpose of trade, or publicly exhibits by way of trade, or imports into India, any infringing copies of a work, shall be liable for infringement, without any specific <i>mens rea</i> required to attract such liability. It is in the context of the former provision, ie. 51(a)(ii) that the liability of certain file-sharing websites for copyright infringement has arisen.<a href="#fn5" name="fr5">[5]</a></p>
<h3 style="text-align: justify; ">Mere Conduit ISPs – Secondary Infringement Absent</h3>
<p style="text-align: justify; ">In <i>MySpace</i>, the Delhi High Court examined the liability for secondary infringement on the part of a website that provides a platform for file-sharing. While holding the website liable, the Single Judge considered material certain facts such as the revenue model of the defendant, which depended largely on advertisements displayed on the webpages, and automatically generated advertisements that would come up for a few seconds before the infringing video clips started playing. Shockingly, the Court even considered relevant the fact that the defendant did provide for safeguards such as hash block filters, take down stay down functionality, and rights management tools operational through fingerprinting technology, to prevent or curb infringing activities being carried on in their website. This, in the view of the Court, made it evident that the defendant had a <i>reasonable apprehension or belief </i>that the acts which were being carried on in the website <i>could</i> infringe someone else’s copyright including that of the plaintiff. The logic employed by the Court to attribute liability for secondary infringement on file-sharing websites is befuddling and reveals complete disregard for the degree of regulatory authority available on the internet even where the space, i.e., the website, is supposedly “under the control” of a person. However, a critical examination of this decision is not relevant in understanding the liability of mere conduit ISPs. This is for the reason that none of the factual considerations relied on by the Single Judge to justify imposition of liability on a file-sharing website under Section 51(a)(ii) arise when the defendant is an ISP that only provides the path for content-neutral transmission of data.</p>
<p style="text-align: justify; ">This was completely ignored by the Madras High Court in <i>R.K.Productions v. B.S.N.L.</i>,<a href="#fn6" name="fr6">[6] </a>where the producers of the Tamil film “3”, which enjoyed considerable pre-release buzz due to its song “Kolaveri Di”, sought an omnibus order of injunction against all websites that host torrents or links facilitating access to, or download of, this film. Though this was worded as a John Doe plaint by branding the infringers as unknown administrators of different torrent sites and so on, the real idea was to look to the resources and wherewithal of the known defendants, ie. the ISPs, to block access to the content hosted by the unknown defendants.</p>
<p style="text-align: justify; ">This prompted the ISPs to file applications under Or. VII, Rule 11 of the Civil Procedure Code, seeking rejection of the plaint on the ground that the suit against them was barred by law. The Single Judge of the Madras High Court dismissed these applications for rejection of the plaint, after accepting the contention that the ISPs are necessary parties to the suit as the act of piracy occurs through the channel or network provided by them. The High Court heavily, and incorrectly, relied on MySpace without appreciating the distinction between a mere conduit ISP and a file-sharing website such as MySpace or YouTube, as regards their respective roles and responsibilities, the differing degrees of regulatory control over content enjoyed by them, and most importantly, the recognition and formalisation of these distinctions in the Copyright Act, 1957, vide the Copyright (Amendment) Act, 2012.</p>
<hr />
<p>[<a href="#fr3" name="fn3">3</a>]. 464 U.S. 417 (1984). Hereinafter referred to as Betamax.</p>
<p>[<a href="#fr4" name="fn4">4</a>]. 545 U.S. 913 (2005). Hereinafter referred to as Grokster.</p>
<p>[<a href="#fr5" name="fn5">5</a>]. Hereinafter the Act.</p>
<p style="text-align: justify; ">[<a href="#fr6" name="fn6">6</a>]. <i>Super Cassette Industries Ltd. v MySpace Inc.</i>, MIPR 2011 (2) 303 (hereinafter referred to as <i>MySpace</i>). This decision of the Delhi High Court has been rightly criticised. <i>See </i><a href="https://cis-india.org/a2k/blogs/super-cassettes-v-my-space">http://cis-india.org/a2k/blog/super-cassettes-v-my-space</a> (last accessed on 24.03.2013).</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/john-doe-orders-isp-blocking-websites-copyright-2'>https://cis-india.org/a2k/blogs/john-doe-orders-isp-blocking-websites-copyright-2</a>
</p>
No publisherananthAccess to KnowledgeCopyrightPiracyFeaturedHomepage2014-03-06T16:48:18ZBlog Entry Call for Essays: Studying Internet in India
https://cis-india.org/raw/call-for-essays-studying-internet-in-india-2016
<b>As Internet makes itself comfortable amidst everyday lives in India, it becomes everywhere and everyware, it comes in 40 MBPS Unlimited and in chhota recharges – though no longer in zero flavour – the Researchers at Work (RAW) programme at the Centre for Internet and Society invites abstracts for essays that explore how do we study internet in India today. </b>
<p> </p>
<h3>Submission deadline extended to <strong>Sunday, July 03</strong>.</h3>
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<img src="https://github.com/cis-india/website/raw/master/img/RAW_Morpheus-Meme-Digital-Genre.png" alt="What if I told you memes are a new digital genre?" />
<p> </p>
<h6>Source: <a href="http://leonardoflores.net/blog/new-digital-genres-writing-for-social-media/">Leonardo Flores</a>.</h6>
<p> </p>
<p>How do we move beyond a fascination with new digital things and interfaces that we engage with on the internet, which are increasingly becoming the objects and sites of our research and creative practices? How do we engage with these on their own terms, and perhaps also against the grain? What "new" is being brought in, performed, and afforded by these digital artefacts in our daily lives? How can our concerns and practices benefit from developing an awareness of their aesthetics, functions, and politics?</p>
<p>This call is for researchers, workers, and others interested in closely – or from a distance – commenting on these topics and questions.</p>
<p>Please send abstracts (200 words) to <a href="mailto:raw@cis-india.org">raw@cis-india.org</a> by <strong>Sunday, July 03, 2016</strong>. The subject of the email should be 'Studying Internet in India.'</p>
<p>We will select up to 10 abstracts and announce them on <strong>Tuesday, July 05, 2016</strong>.</p>
<p>The selected authors will be asked to submit the final longform essay (3,000-4,000 words) by <strong>Sunday, July 31, 2016</strong>. The final essays will be published on the RAW Blog. The authors will be offered an honourarium of Rs. 6,000.</p>
<p>We understand that not all essays can be measured in words. The authors are very much welcome to work with text, images, sounds, videos, code, and other mediatic forms that the internet offers. We will not be running a Word Count on the final 'essay.' The basic requirement is that the 'essay' must offer an <em>argument</em> – through text, or otherwise.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/raw/call-for-essays-studying-internet-in-india-2016'>https://cis-india.org/raw/call-for-essays-studying-internet-in-india-2016</a>
</p>
No publishersumandroInternet StudiesRAW BlogFeaturedNoticesResearchers at Work2016-07-04T12:48:15ZBlog EntryCall for Essays: Studying Internet in India
https://cis-india.org/raw/call-for-essays-studying-internet-in-india
<b>As Internet makes itself comfortable amidst everyday lives in India, it becomes everywhere and everyware, it comes in 40 MBPS Unlimited and in chhota recharges – and even in zero flavour – the Researchers at Work (RAW) programme at the Centre for Internet and Society invites abstracts for essays that explore what it means to study Internet(s) in India today.</b>
<p> </p>
<p>We are interested in the many experiences of Internet(s) in India; its histories and archaeologies; how we use it to read, write, create, relate, learn, and share; the data that is produced, and the data that is consumed; the spaces that are created, and the spaces that are inhabited; the forms that political expressions take on the Web; and of course, where and how should one be studying Internet(s) in India?</p>
<p>This call is for researchers, workers, and others interested in closely – or from a distance – commenting on these topics and questions.</p>
<p>Please send abstracts (200 words) to <a href="mailto:raw@cis-india.org">raw@cis-india.org</a> by <strong>Sunday, April 26, 2015</strong>. The subject of the email should be 'Studying Internet in India.'</p>
<p>We will select up to 10 abstracts and announce them on <strong>Friday, May 01, 2015</strong>.</p>
<p>The selected authors will be asked to submit the final longform essay (2,500-3,000 words) by <strong>Sunday, May 31, 2015</strong>. The final essays will be published on the RAW Blog. The authors will be offered an honourarium of Rs. 5,000.</p>
<p>We understand that not all essays can be measured in words. The authors are very much welcome to work with text, images, sounds, videos, code, and other mediatic forms that the Internet offers. We will not be running a Word Count on the final 'essay.' The basic requirement is that the 'essay' must offer an <em>argument</em> – through text, or otherwise.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/raw/call-for-essays-studying-internet-in-india'>https://cis-india.org/raw/call-for-essays-studying-internet-in-india</a>
</p>
No publishersumandroInternet StudiesRAW BlogFeaturedNoticesResearchers at Work2015-08-28T07:09:39ZBlog EntryCall for Essays — #List
https://cis-india.org/raw/call-for-essays-list
<b>The researchers@work programme at CIS invites abstracts for essays that explore social, economic, cultural, political, infrastructural, or aesthetic dimensions of the ‘list’. We have selected 4 abstracts among those received before August 31, 2019, and are now accepting and evaluating further submissions on a rolling basis.</b>
<p> </p>
<img src="https://raw.githubusercontent.com/cis-india/website/master/img/CIS_r%40w_CallForEssays_List_Open.png" alt="Call for essays on #List, abstracts are considered on a rolling basis" />
<p> </p>
<p>For the last several years, #MeToo and #LoSHA have set the course for rousing debates within feminist praxis and contemporary global politics. It also foregrounded the ubiquitous presence of the list in its various forms, not only on the internet but across diverse aspects of media culture. Much debate has emerged about specificities and implications of the list as an information artefact, especially in the case of #LoSHA and NRC - its role in creation and curation of information, in building solidarities and communities of practice, its dependencies on networked media infrastructures, its deployment by hegemonic entities and in turn for countering dominant discourses.</p>
<p>From Mailing Lists to WhatsApp Broadcast Lists, lists have been the very basis of multi-casting capabilities of the early and the recent internets. The list - in terms of list of people receiving a message, list of machines connecting to a router or a tower, list of ‘friends’ and ‘followers’ ‘added’ to your social media persona - structures the open-ended multi-directional information flow possibilities of the internet. It simultaneously engenders networks of connected machines and bodies, topographies of media circulation, and social graphs of affective connections and consumptions.</p>
<p>As a media format that is easy to create, circulate, and access (as seen in the number of rescue and relief lists that flood the web during national disasters) or one that is essential in classification and cross-referencing (such as public records and memory institutions), the list becomes an essential trope to understand new media forms today, as the skeletal frame on which much digital content and design is structured and also consumed through.</p>
<ul>
<li>What new subjectivities - indicative of different asymmetries of power/knowledge - do list-making, and being listed, engender? How are they hegemonic or intersectional?</li>
<li>What new modes of questioning and meaning-making have manifested today in various practices of list-making?
What modalities of creation and circulation of lists affords their authority; what makes them legitimate information artefacts, or contentious forms of knowledge?</li>
<li>How and when do lists became digital, where are lists on paper? How do we understand their ephemerality or robustness; are they medium or message?</li>
<li>Are there cultural economies of lists, list-making, and getting listed? Who decides, and who gets invisibilized on lists?</li></ul>
<p> </p>
<h2>Call for Essays</h2>
<p>We invite abstracts for essays that explore social, economic, cultural, political, infrastructural, or aesthetic dimensions of the ‘list’.</p>
<p>Please submit the abstracts by <strong>Friday, August 23, 2019</strong>.</p>
<p>We will select 10 abstracts and announce them on Friday, August 30. The selected authors are expected to submit a full draft of the essay (of 2000-3000 words) by Monday, September 30. We will share editorial suggestions with the authors, and the final versions of the essays will be published on the <a href="https://medium.com/rawblog" target="_blank">researchers@work blog</a> from November onwards. We will offer Rs. 5,000 as honorarium to all selected authors.</p>
<p>Please submit the abstract (300-500 words), and a short biographic note, in a single text file with the title of the essay and your name via email sent to <a href="mailto:raw@cis-india.org">raw@cis-india.org</a>, with the subject line of ‘List’.</p>
<p>Authors are very much welcome to work with text, images, sounds, videos, code, and other mediatic forms that the internet offers.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/raw/call-for-essays-list'>https://cis-india.org/raw/call-for-essays-list</a>
</p>
No publishersneha-ppResearchers at WorkListRAW BlogResearchFeaturedCall for EssaysInternet Studies2019-10-11T17:07:26ZBlog EntryCall for Contributions and Reflections: Your experiences in Decolonizing the Internet’s Languages!
https://cis-india.org/raw/stil-2020-call
<b>Whose Knowledge?, the Oxford Internet Institute, and the Centre for Internet and Society are creating a State of the Internet’s Languages report, as baseline research with both numbers and stories, to demonstrate how far we are from making the internet multilingual. We also hope to offer some possibilities for doing more to create the multilingual internet we want. This research needs the experiences and expertise of people who think about these issues of language online from different perspectives. Read the Call here and share your submission by September 2, 2019.</b>
<p> </p>
<h4>Cross-posted from the Whose Knowledge? website: <a href="https://whoseknowledge.org/initiatives/callforcontributions/" target="_blank">Call for Contributions and Reflections</a></h4>
<p>The call is available in <a href="https://whoseknowledge.org/initiatives/callforcontributions/#CIS-AR" target="_blank">Arabic</a>, <a href="https://whoseknowledge.org/initiatives/callforcontributions/#CIS-PT" target="_blank">Brazilian Portuguese</a>, <a href="#en">English</a>, <a href="https://whoseknowledge.org/initiatives/callforcontributions/#CIS-IZ" target="_blank">IsiZulu</a>, <a href="https://whoseknowledge.org/initiatives/callforcontributions/#CIS-ES" target="_blank">Spanish</a>, and <a href="#ta">Tamil</a>.</p>
<p><strong>Note:</strong> This call for contributions is in a few languages right now, but we invite our friends and communities to translate into many more! Please reach out to info (at) whoseknowledge (dot) org with your translations… thank you!</p>
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<img src="https://raw.githubusercontent.com/cis-india/website/master/img/CISraw_WK-OII_DTIL-banner2.png" alt="Call for Contributions and Reflections: Your experiences in Decolonizing the Internet’s Languages!" />
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<blockquote>
<h4 id="en">“It’s not just the words that will be lost. The language is the heart of our culture; it holds our thoughts, our way of seeing the world. It’s too beautiful for English to explain.”</h4>
– Potawatomi elder, cited in Robin Wall Kimmerer’s “Braiding Sweetgrass.”</blockquote>
<p><strong>The problem:</strong> The internet we have today is not multilingual enough to reflect the full depth and breadth of humanity. Language is a good proxy for, or way to understand, knowledge – different languages can represent different ways of knowing and learning about our worlds. Yet most online knowledge today is created and accessible only through colonial languages, and mostly English. The UNESCO Report on ‘<a href="https://unesdoc.unesco.org/in/documentViewer.xhtml?v=2.1.196&id=p::usmarcdef_0000232743&file=/in/rest/annotationSVC/DownloadWatermarkedAttachment/attach_import_8df09604-0040-4b44-b53c-110207ac407d%3F_%3D232743eng.pdf&locale=en&multi=true&ark=/ark:/48223/pf0000232743/PDF/232743eng.pdf#685_15_CI_EN_int.indd%3A.7579%3A23" target="_blank">A Decade of Promoting Multilingualism in Cyberspace</a>’ (2015) estimated that “out of the world’s approximately 6,000 languages, just 10 of them make up 84.3 percent of people using the Internet, with English and Chinese the dominant languages, accounting for 52 per cent of Internet users worldwide.” More languages become endangered and disappear every year; <a href="http://www.unesco.org/new/en/culture/themes/endangered-languages/atlas-of-languages-in-danger/" target="_blank">230 languages have become extinct between 1950 and 2010</a>.</p>
<p>At best, then, 7% of the world’s <a href="https://www.ethnologue.com/statistics" target="_blank">languages</a> are captured in published material, and an even smaller fraction of these languages are available online. This is particularly critical for communities who have been historically or currently marginalized by power and privilege – women, people of colour, LGBT*QIA folks, indigenous communities, and others marginalized from the global South (Asia, Africa, Latin America, the Caribbean and Pacific Islands). We often cannot add or access knowledge in our own languages on the internet. This reinforces and deepens inequalities and invisibilities that already exist offline, and denies all of us the richness of the multiple knowledges of the world.</p>
<p>Some of the issues that shape our abilities to create and share content online in our languages include:</p>
<ul>
<li>The internet’s infrastructure (hardware, software, platforms, protocols…);</li>
<li>Content management tools and technologies for translation, digitization, and archiving (voice, machine-learning systems and AI, semantic web…);</li>
<li>The experience of those who consume and produce information online in different languages (devices like cell phones and laptops, messaging tools, micro-blogging, audio-video…);</li>
<li>The experience of looking for content in different languages online, through search engines and other tools.</li></ul>
<p>Understanding the range of these issues will help us map the possibilities and concerns around linguistic biases and disparities on the internet.</p>
<p><strong>Who we are:</strong> We are a group of three research partners who believe that the internet we co-create should support, share, and amplify knowledge in all of the world’s languages. For this to happen, we need to better understand the challenges and opportunities that support or prevent our languages and knowledges from being online. The Centre for Internet and Society (CIS) is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with disabilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, digital privacy, and cyber-security. The <a href="https://www.oii.ox.ac.uk/" target="_blank">Oxford Internet Institute</a> is a multidisciplinary research and teaching department of the University of Oxford, dedicated to the social science of the Internet. <a href="https://whoseknowledge.org/" target="_blank">Whose Knowledge?</a> is a global campaign to centre the knowledges of marginalized communities – the majority of the world – online.</p>
<p>Together we are creating a State of the Internet’s Languages report, as baseline research with both numbers and stories, to demonstrate how far we are from making the internet multilingual. We also hope to offer some possibilities for doing more to create the multilingual internet we want.</p>
<p><strong>Why we need YOU:</strong> This research needs the experiences and expertise of people who think about these issues of language online from different perspectives.</p>
<p>You may be a person who:</p>
<ul>
<li>Self-identifies as being from a marginalized community, and you find it difficult to bring your community’s knowledge online because the technology to display your language’s script is hard to access or read</li>
<li>Works on creating content in languages that are from parts of the world, and from people, who are mostly invisible and unheard online</li>
<li>Is a techie who works on making keyboards for non-colonial languages</li>
<li>Is a linguist who tries to bring together communities and technologies in a way that is easy and accessible</li>
<li>... you may be any of these, all of these, or more!</li></ul>
<p>We are looking for your experience online to help us tell the story of how limited the language capacities of the internet are, currently, and how much opportunity there is for making the internet share our knowledges in our many different languages. Most importantly: you don’t have to be an academic or researcher to apply, we particularly encourage people experiencing these issues in their everyday lives and work to contribute!</p>
<p> </p>
<h3>Some of the key questions we’d like you to explore:</h3>
<ul>
<li>How are you or your community using your language online?</li>
<li>What do you wish you could create or share in your language online that you can’t today?</li>
<li>What does content in your language look like online? What exists, what’s missing? (<em>you might think about, for example, news, social media, education or government websites, e-commerce, entertainment, online libraries and archives, self-published content, etc</em>)</li>
<li>How and where and using what technologies do you share or create content in your language? (<em>you might think about, for example, video, audio, writing, social media, digitization…whatever formats, tools, processes or websites you use for creating oral, visual, textual, or other forms of content</em>.)</li>
<li>What is challenging to create or share on your language online? (<em>you might think about, for example, access, device usability, platforms, websites, apps and other tools, software, fonts, digital literacy, etc when developing digital archives, online language resources, or just making any presence on the web in general for your language</em>.)</li></ul>
<p> </p>
<h3>Submissions:</h3>
<p>We would love to hear about your and your community’s experiences in response to any or some of the above questions!</p>
<p>Your contribution could be in the form of a written essay, a visualization or work of art, a video or recorded conversation – we’d be happy to interview you if that’s your preference. We would be happy to accept in any language, and will review the submissions with the support of our multilingual communities and friends.</p>
<p>Are you interested in participating? Please email <strong>raw [at] cis-india [dot] org</strong> a short note (of about 300 words) by <strong>2 September at 23:59 IST (Indian Standard Time)</strong>, briefly outlining your idea along with the following information:</p>
<ul>
<li>Your name</li>
<li>Your location – both country of origin and your current location is useful!</li>
<li>Your language(s)</li>
<li>Your community or any other background you’d care to share with us</li>
<li>Which questions you’re interested in addressing, and why</li>
<li>Your prefered contribution format</li>
<li>Any requests for how we can best support your participation</li></ul>
<p> </p>
<h3>Timeline:</h3>
<ul>
<li><strong>By 2nd September 2019:</strong> Send us your submission note</li>
<li><strong>By 1st November 2019:</strong> Contributors will be notified of selection</li>
<li><strong>By 1st December 2019:</strong> First round of contributions are due. We’ll work with you to finalise contributions by mid January.</li></ul>
<p>Selected contributors will be offered an honorarium of USD 500, and their final works will be published as part of the Decolonising the Internet – Languages Report, in early 2020.</p>
<hr />
<h2 id="ta">பங்களிப்பதற்காக அழைப்பு இணைய மொழி ஆதிக்கச் சூழலை மாற்றியதில் உங்கள்அனுபவம்!</h2>
<p> </p>
<blockquote>
<h4>“மொழி அழிவால் சொற்கள் மட்டும் அழிவதில்லை. நம் பண்பாட்டின் சாரமே மொழி தான். மொழியே நம் எண்ணங்களை வெளிப்படுத்துகிறது. இவ்வுலகத்தை நாம் காண்பதும் மொழிவழியே தான். ஆங்கிலத்தால் அதை ஒருக்காலும் வெளிப்படுத்த முடியாது.”</h4>
– போட்டோவாடோமி எல்டர் (ராபின் வால் கிம்மெரார் எழுதிய ‘பிரெயிடிங் சுவீட்கிராஸ்’ என்ற நூலில் இருந்து)</blockquote>
<p><strong>சிக்கல்:</strong> மனித குலத்தின் பரந்துவிரிந்த பண்பாட்டுச் சூழலை வெளிப்படுத்தும் அளவுக்கு இன்றைய இணையம் பன்மொழிச் சூழல் கொண்டதாய் இல்லை. தகவல்களை அறிந்துகொள்வதற்கு மொழி ஒரு கருவியாய் இருக்கிறது. ஒவ்வொரு மொழியும் உலகத்தை வெவ்வேறுவிதத்தில் காட்டத்தக்கன. இருந்தபோதும், பெரும்பாலான அறிவுசார் தளங்கள் ஆதிக்க மொழிகளில், குறிப்பாக ஆங்கிலத்தில் அதிகளவில் இருக்கின்றன. ‘இணையவெளியில் பன்மொழிச் சூழலைக் ஊக்குவிக்க பத்தாண்டுகளில் எடுத்த முயற்சி’ (2015) என்ற யுனெசுகோ அறிக்கையில் குறிப்பிட்டுள்ளதாவது: “உலகில் பேசப்படும் சுமார் 6,000 மொழிகளில், வெறும் 10 மொழியை பேசுவோர் மட்டுமே இணையத்தின் 84.3 சதவீதம் பேராக உள்ளனர். இவற்றில், ஆங்கிலமும் மாண்டரின் சீனமும் பேசுவோர் மட்டும் 52 சதவீதத்தினர் என்பது குறிப்பிடத்தக்கது.” ஒவ்வொரு ஆண்டும் அதிகளவிலான மொழிகள் அருகி, அழிந்து வருகின்றன. 1950 – 2010 ஆகிய ஆண்டுகளுக்குள் 230 மொழிகள் அழிந்திருக்கின்றன</p>
<p>எல்லா உள்ளடக்கத்தையும் கணக்கில் எடுத்தால் கூட, உலகின் 7% மொழிகளில் தான் ஆக்கங்கள் இருக்கின்றன. இவற்றில் சிலவே இணையத்தில் கிடைக்கின்றன. முற்காலத்தில் ஒடுக்கப்பட்டிருந்த பழங்குடியின சமூகத்தினர், அடக்குமுறைக்கு உட்பட்டிருந்த பெண்கள், நிறவெறிக்கு உட்பட்டிருந்தோர், மாற்று பாலின கருத்தியல் கொன்டோர் ஆகியோருக்கான ஆக்கங்கள் வெகு சில. பெரும்பாலானோர் இணையத்தில் தம் தாய்மொழியில் தகவல்களை தேடிப் பெற முடிவதில்லை. தம் மொழியில் கிடைக்கப்பெறாத பெரும்பாலானோருக்கு இவ்வுலகைப் பற்றிய அறிவுசார் ஆக்கங்கள் மறுக்கப்பட்டு, சமமின்மை வெளிப்படுகிறது.</p>
<p>நம் மொழியிலேயே இணையத்தில் ஆக்கங்களை உருவாக்குவதிலும் பகிர்வதிலும் சில சிக்கல்களை எதிர்நோக்குகிறோம். அவை:</p>
<ul>
<li>கட்டமைப்பு வசதிக் குறைபாடு : வன்பொருள், மென்பொருள், இயங்குதளம், மரபுத்தகவு</li>
<li>உள்ளடக்க மேம்பாட்டுக் கருவிகளும் தொழில்நுட்பங்களும் போதிய அளவில் இல்லாமை: மொழிபெயர்ப்புக் கருவி, மின்மயமாக்கக் கருவி, சேமிப்பகம், செயற்கை நுண்ணறிவு, குரல்வழி உள்ளடக்கம்</li>
<li>இணையத்தில் பொருட்களை வாங்கிப் பயன்படுத்துவோரின் கருத்துக்களோ, பொருட்களைப் பற்றிய தகவலோ, இணையச் செயலிகளான செய்தியனுப்பல், வலைப்பூ போன்றவையோ தம் மொழியில் இல்லாமை</li>
<li>தேடுபொறிகளையும் பிற கருவிகளையும் கொன்டு வெவ்வேறு மொழிகளில் ஆக்கங்களைத் தேடிப் பழக்கம் இல்லாமை</li></ul>
<p>இச்சிக்கல்களைப் புரிந்துகொள்வதன் மூலம், இணையத்தின் பன்மொழிச் சூழலுக்கான தேவைகளையும் அவற்றிற்கான குறைநிறைகளையும் சரிப்படுத்திக்கொள்ள முடியும்.</p>
<p><strong>நாங்கள் யார்?:</strong> உலக மொழிகளிலான ஆக்கங்கள் இணையவெளியில் இடம்பெற உதவவும், ஊக்குவிக்கவும் மூன்று ஆய்வு நிறுவனங்கள் கைகோர்த்துள்ளோம். இதை நடைமுறைப்படுத்துவதற்கு முன், நாம் எதிர்கொள்ளும் சிக்கல்களையும் பெறக்கூடிய வாய்ப்புகளையும் நன்கு அறிந்துகொள்வது அவசியம் என உணர்ந்தோம்.</p>
<p>1. சென்டர் ஃபார் இன்டர்நெட் அன்ட் சொசைட்டி (the Centre for Internet and Society or CIS) என்ற தன்னார்வல நிறுவனம், இணையத்தையும், மின்மயமாக்கத் தொழில்நுட்பங்களையும் பற்றிய ஆய்வுகளை கொள்கை நோக்கிலும், கல்விசார் நோக்கிலும் செய்கிறது. உடற்குறைபாடு உடையோருக்கு மின்மயமாக்கிய உள்ளடக்கம், அறிவைப் பெறும் சூழல், அறிவுசார் சொத்துரிமை, திறந்தவெளி ஆக்கங்கள், இணையவழி ஆளுகை, தொழில்நுட்பச் சீர்திருத்தம், இணையவெளியில் தனியுரிமை, இணையவெளிப் பாதுகாப்பு போன்ற தலைப்புகளில் இந்நிறுவனம் கவனம் செலுத்துகிறது.</p>
<p>2. ஆக்சுபோர்டு இன்டர்நெட் இன்ஸ்டிடியூட் என்ற ஆய்வு நிறுவனம் ஆக்சுபோர்டு பல்கலைக்கழகத்தைச் சேர்ந்தது. இது இணையச் சமூகத்துக்காகவே தனித்துவமாக உருவாக்கப்பட்ட துறை.</p>
<p>3. ஹூஸ் நாலெட்ஜ் என்ற இயக்கம், உலகளவில் ஒடுக்கப்பட்ட சமூகங்களின் அறிவுசார் ஆக்கங்களை இணையவெளியில் கொண்டு வர முயற்சி எடுக்கிறது.</p>
<p>நாங்கள் மூவரும் இணைந்து, இணையத்தில் பயன்பாட்டிலுள்ள மொழிகளைப் பற்றிய ஆய்வறிக்கையை தயாரிக்கிறோம். புள்ளிவிவரங்களையும், தகவல்களையும் வெளியிட்டு, பன்மொழிச் சூழலில் எந்தளவு பின்தங்கி இருக்கிறோம் என்பதை உணர்த்த உள்ளோம். இணையவெளியில் ஆக்கங்களை வெளியிட எங்களால் முடிந்த சில வாய்ப்புகளையும் வழங்க உள்ளோம்.</p>
<p><strong>உங்கள் உதவி எங்களுக்கு தேவைப்படுவதன் காரணம்:</strong> இத்தகைய சிக்கல்களை எதிர்நோக்கி வருவோரின் அனுபவங்களையும், அவர்கள் முயன்ற தீர்வுகளையும் பற்றி அறிந்துகொள்வதே இவ்வாய்வின் நோக்கம்.</p>
<p>நீங்கள்,</p>
<ul>
<li>ஒடுக்கப்பட்ட சமூகத்தைச் சேர்ந்தவராக உணர்ந்தாலோ, உங்கள் சமூகத்தின் அறிவுசார் உள்ளடக்கங்கள் இணையவெளியில் கிடைப்பதில்லை என்று கருதினாலோ, உங்கள் மொழி எழுத்துவடிவங்கள் அணுகவும், படிக்கவும் ஏற்றவகையில் கணினிமயமாக்கப்படவில்லை என்று உணர்ந்தாலோ,</li>
<li>தொழில்நுட்பராக இருந்து, ஆதிக்கத்துக்கு உட்பட்டோரின் மொழிகளுக்காக விசைப்பலகைகள் செய்பவராக இருந்தாலோ,</li>
<li>மொழியியலாளராக இருந்து, பல்வேறு சமூகங்களை ஒருங்கிணைத்து, தொழில்நுட்பத்தை அவர்களுக்கு புரியும் வகையிலும், அணுகும் வகையிலும் கிடைக்கச் செய்தாலோ,</li>
<li>… உங்களைத் தான் தேடிக் கொன்டிருக்கிறோம்!</li></ul>
<p>உங்கள் இணையவெளி அனுபவங்களை எங்களுக்கு தெரிவிப்பதன் மூலம், ஒவ்வொரு மொழிச் சமூகத்தின் நிலையையும் நாங்கள் அறிந்துகொள்ள உதவியாக இருக்கும். அத்துடன், எத்தகைய வாய்ப்புகளை ஏற்படுத்தித் தரலாம் என்றும் நாங்கள் சிந்திக்க உதவியாய் இருக்கும்.</p>
<p> </p>
<h3>உங்களிடம் நாங்கள் கேட்க விரும்பும் சில கேள்விகள்:</h3>
<ul>
<li>நீங்களும், உங்கள் மொழிச் சமூகத்தினரும் இணையவெளியில் உங்கள் மொழியை எப்படி பயன்படுத்துகிறீர்கள்?</li>
<li>இன்றைய நிலையில், இணையவெளியில் உங்கள் மொழியைக் கொண்டு செய்ய முடியாதது இருப்பின், அதற்கு என்ன செய்ய விரும்புவீர்கள்?</li>
<li>இணையவெளியில் உங்கள் மொழியில் என்னென்ன ஆக்கங்கள் இருக்கின்றன, எவை இல்லை? (எடுத்துக்காட்டாக, செய்திகள், சமுக வலைத்தளம், கல்விசார் உள்ளடக்கம், அரசுசார் உள்ளடக்கம், மனமகிழ் வீடியோக்கள், இணையவழி கற்றல், போன்றவை)</li>
<li>உங்கள் மொழியில் ஆக்கங்களை படைப்பதற்கு எந்த தளத்தை நாடுவீர்கள், எந்த தொழில்நுட்பத்தை பயன்படுத்துவீர்கள்? (எ.கா : ஒளி, ஒலி, உரை, உரைநடை ஒழுங்கமைவு, பிழைத்திருத்திக் கருவி போன்றவை)</li>
<li>உங்கள் மொழியில் எழுதுவதற்கோ, பகிர்வதற்கோ முயலும் போது என்னென்ன மாதிரியான சிக்கல்களை இணையவெளியில் சந்திக்கிறீர்கள்? (எ.கா: அணுக்கம் இன்மை, கருவியில் எழுத்துரு ஆதரவின்மை, பிழை திருத்த கருவி இன்மை)</li></ul>
<p> </p>
<h3>ஆய்வேடு சமர்ப்பித்தல்:</h3>
<p>மேற்கண்ட கேள்விகளுக்கு உங்கள் சமூகத்தினரிடமும், உங்களிடமும் அனுபவம் மூலம் விடை கிடைத்திருக்கும் என நம்புகிறோம். அவற்றைப் பற்றி தெரிந்து கொள்ள விரும்புகிறோம்!</p>
<p>கட்டுரையாகவோ, கலைப்படைப்பாகவோ, பதிவு செய்யப்பட்ட ஆவணமாகவோ, வேறு வடிவிலோ உங்கள் படைப்புகள் இருக்கலாம். நீங்கள் விரும்பினால் உங்களை பேட்டி காணவும் தயாராக இருக்கிறோம். உங்கள் படைப்புகள் எந்த மொழியில் இருந்தாலும் ஏற்போம். எங்களிடமுள்ள பன்மொழிச் சமூகத்திடம் உங்கள் படைப்புகளை கொடுத்து அவற்றை சீராய்வு செய்யச் சொல்வோம்.</p>
<p>உங்களுக்கு பங்கேற்க விருப்பமா? raw@cis-india.org என்ற மின்னஞ்சல் முகவரிக்கு, செப்டம்பர் இரன்டாம் தேதிக்கு முன்னர் அனுப்புக. 300 சொற்களுக்கு மிகாமல், கீழ்க்காணும் விவரங்களைக்</p>
<ul>
<li>உங்கள் பெயர்</li>
<li>இருப்பிடம் – பிறந்த நாடும், தற்போது வாழும் நாடும்</li>
<li>உங்கள் மொழி(கள்)</li>
<li>உங்கள் சமூகத்தினரைப் பற்றிய தகவல் (அ) நீங்கள் விரும்பும் சமூகத்தினரைப் பற்றிய தகவல்</li>
<li>எந்தெந்த கேள்விகளுக்கு பதிலளிக்க விரும்புகிறீர்கள், ஏன்</li>
<li>உங்கள் படைப்பு எந்த வடிவில் உள்ளது</li>
<li>உங்கள் பங்களிப்பை மேம்படுத்தல் நாங்கள் ஏதும் செய்ய வேண்டுமா</li></ul>
<p> </p>
<h3>காலகட்டம்:</h3>
<ul>
<li><strong>2 செப்டம்பர், 2019:</strong> உங்கள் படைப்புகள் எங்களை வந்தடைய வேண்டிய கடைசி நாள்</li>
<li><strong>1 நவம்பர், 2019:</strong> தேர்ந்தெடுக்கப்பட்ட படைப்பாளர்களிடம் விவரம் தெரிவிக்கப்படும் நாள்</li>
<li><strong>1 திசம்பர், 2019:</strong> முதற்கட்ட பங்களிப்பு நடைபெறும். பங்களிப்பை ஜனவரி மாத மத்தியில் முடிக்க முயற்சி செய்வோம்.</li></ul>
<p>தேர்ந்தெடுக்கப்பட்ட படைப்பாளிகளுக்கு 500 அமெரிக்க டாலர்கள் ஊக்கத்தொகையாக வழங்கப்படும். நாங்கள் தயாரிக்கும் அறிக்கையில் அவர்களின் படைப்பு வெளியிடப்படும்.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/raw/stil-2020-call'>https://cis-india.org/raw/stil-2020-call</a>
</p>
No publishersneha-ppLanguageResearchResearchers at WorkDigital KnowledgeDecolonizing the Internet's LanguagesFeaturedState of the Internet's LanguagesDigital HumanitiesHomepage2019-08-07T12:29:25ZBlog EntryCall for Comments for Report on the Online Video Environment in India
https://cis-india.org/openness/blog-old/comments-online-video-report
<b>The Open Video Alliance, the Centre for Internet and Society and iCommons are pleased to announce a public call for comments on version 1 of "Online Video Environment in India: A Survey Report".</b>
<p><a href="https://cis-india.org/openness/publications/content-access/online-video-india-survey-v1" class="internal-link" title="The Online Video Environment in India: A Survey Report">This report</a> is an outcome of <a href="https://cis-india.org/advocacy/openness/blog/open-video-research" class="external-link">a research</a> <a class="external-link" href="http://openvideoalliance.org/2010/04/research-with-centre-for-internet-society-bangalore/?l=en">project</a> that seeks to survey the online video environment in India and the opportunities this new medium presents for creative expression and civic engagement. This report by Siddharth Chadha, Ben Moskowitz, and Pranesh Prakash seeks to define key issues in the Indian context and begins to develop a short-term policy framework to address them.</p>
<p>The basic assumption of this paper is that the online video medium should support creative and technical innovation, competition, and public participation, and that open source technology can help develop these traits. These assumptions are not elaborated upon here. Instead, this report looks at questions of “openness” that are not strictly technological and legal; that are specific to video in India; and that provide points of entry to a simple policy framework.</p>
<p>Please do write in to Ben Moskowitz (ben at openvideoalliance.org) and Pranesh Prakash (pranesh at cis-india.org) with any suggestions, criticisms, or general comments that you have by January 20, 2011.</p>
<p><a href="https://cis-india.org/openness/publications/content-access/online-video-india-survey-v1" class="internal-link" title="The Online Video Environment in India: A Survey Report">Download the paper</a>.</p>
<p>
For more details visit <a href='https://cis-india.org/openness/blog-old/comments-online-video-report'>https://cis-india.org/openness/blog-old/comments-online-video-report</a>
</p>
No publisherpraneshOpennessFeaturedOpen Video2012-12-14T12:12:14ZBlog EntryCall for Comments for Report on Open Government Data in India
https://cis-india.org/openness/blog-old/open-government-data-report
<b>The Centre for Internet & Society is pleased to announce a public call for comments on the Report on Open Government Data in India prepared by Glover Wright, Pranesh Prakash, Sunil Abraham and Nishant Shah.</b>
<p style="text-align: justify; ">This report situates the current move towards open government data in India in the context of the country’s growingly sophisticated information and communications technology (ICT) practices as well as the Right to Information Act. It relies primarily on conversations—both on the record and off—with government officials, businesses, civil society organizations, and individual activists. For background it relies on a review of the literature relevant to OGD and RTI generally, to present a snapshot of where India stands now in respect to OGD, and to predict where it is likely to go in the near future. It seeks to understand what “open government data” means in an Indian context, and what effects institutionalized open data practices and ideas might have on Indian society. Finally, it suggests certain technical and policy strategies for developing, promoting, and implementing, and maintaining a robust open government data policy in India.</p>
<p style="text-align: justify; ">Please do write in to Pranesh Prakash (pranesh at cis-india.org) with any suggestions, criticisms, or general comments that you have by 30 January 2011.</p>
<p>Download the complete report <a class="internal-link" href="http://www.cis-india.org/openness/publications/ogd-report" title="Open Government Data Report">here</a></p>
<p>
For more details visit <a href='https://cis-india.org/openness/blog-old/open-government-data-report'>https://cis-india.org/openness/blog-old/open-government-data-report</a>
</p>
No publisherpraskrishnaOpen DataFeaturedOpenness2013-03-01T05:50:49ZBlog EntryBreaking Down Section 66A of the IT Act
https://cis-india.org/internet-governance/blog/breaking-down-section-66-a-of-the-it-act
<b>Section 66A of the Information Technology Act, which prescribes 'punishment for sending offensive messages through communication service, etc.' is widely held by lawyers and legal academics to be unconstitutional. In this post Pranesh Prakash explores why that section is unconstitutional, how it came to be, the state of the law elsewhere, and how we can move forward.</b>
<p style="text-align: justify; ">Back in February 2009 (after the IT Amendment Act, 2008 was hurriedly passed on December 22, 2008 by the Lok Sabha, and a day after by the Rajya Sabha<a href="#fn1" name="fr1">[1]</a> but before it was <a class="external-link" href="http://deity.gov.in/sites/upload_files/dit/files/downloads/itact2000/act301009.pdf">notified on October 27, 2009</a>) I had written that <a href="https://cis-india.org/internet-governance/resources/section-66A-information-technology-act" class="external-link">s.66A</a> is "patently in <a href="https://cis-india.org/internet-governance/publications/it-act/short-note-on-amendment-act-2008/" class="external-link">violation of Art. 19(1)(a) of the Constitution of India</a>":</p>
<p class="visualClear" style="text-align: justify; ">Section 66A which punishes persons for sending offensive messages is overly broad, and is patently in violation of Art. 19(1)(a) of our Constitution. The fact that some information is "grossly offensive" (s.66A(a)) or that it causes "annoyance" or "inconvenience" while being known to be false (s.66A(c)) cannot be a reason for curbing the freedom of speech unless it is directly related to decency or morality, public order, or defamation (or any of the four other grounds listed in Art. 19(2)). It must be stated here that many argue that John Stuart Mill's harm principle provides a better framework for freedom of expression than Joel Feinberg's offence principle. The latter part of s.66A(c), which talks of deception, is sufficient to combat spam and phishing, and hence the first half, talking of annoyance or inconvenience is not required. Additionally, it would be beneficial if an explanation could be added to s.66A(c) to make clear what "origin" means in that section. Because depending on the construction of that word s.66A(c) can, for instance, unintentionally prevent organisations from using proxy servers, and may prevent a person from using a sender envelope different from the "from" address in an e-mail (a feature that many e-mail providers like Gmail implement to allow people to send mails from their work account while being logged in to their personal account). Furthermore, it may also prevent remailers, tunnelling, and other forms of ensuring anonymity online. This doesn't seem to be what is intended by the legislature, but the section might end up having that effect. This should hence be clarified.</p>
<p class="visualClear" style="text-align: justify; ">I stand by that analysis. But given that it is quite sparse, in this post I will examine s.66A in detail.</p>
<p class="visualClear" style="text-align: justify; ">Here's what s. 66A of the IT (Amendment) Act, 2008 states:</p>
<p class="callout" style="text-align: justify; "><b>66A. Punishment for sending offensive messages through communication service, etc.,<br /></b>Any person who sends, by means of a computer resource or a communication device,—<br />(a) any information that is grossly offensive or has menacing character;<br />(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently by making use of such computer resource or a communication device,<br />(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages<br /><br />shall be punishable with imprisonment for a term which may extend to three years and with fine.<br /><br />Explanation: For the purposes of this section, terms "electronic mail" and "electronic mail message" means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, images, audio, video and any other electronic record, which may be transmitted with the message.<a href="#fn2" name="fr2">[2]</a></p>
<p align="JUSTIFY">A large part of s.66A can be traced back to s.10(2) of the UK's Post Office (Amendment) Act, 1935:</p>
<p align="JUSTIFY" class="callout">If any person —<br />(a) sends any message by telephone which is grossly offensive or of an indecent, obscene, or menacing character; or<br />(b) sends any message by telephone, or any telegram, which he knows to be false, for the purpose of causing annoyance, inconvenience, or needless anxiety to any other person; or<br />(c) persistently makes telephone calls without reasonable cause and for any such purposes as aforesaid;<br />he shall be liable upon summary conviction to a fine not exceeding ten pounds, or to imprisonment for a term not exceeding one month, or to both such fine and imprisonment.</p>
<p align="JUSTIFY">Section 66A bears a striking resemblance to the three parts of this law from 1935, with clauses (b) and (c) being merged in the Indian law into a single clause (b) of s.66A, with a whole bunch of new "purposes" added. Interestingly, the Indian Post Office Act, 1898, was never amended to add this provision.</p>
<p align="JUSTIFY">The differences between the two are worth exploring.</p>
<h3 align="JUSTIFY">Term of Punishment</h3>
<p style="text-align: justify; ">The first major difference is that the maximum term of imprisonment in the 1935 Act is only one month, compared to three years in s.66A of the IT Act. It seems the Indian government decided to subject the prison term to hyper-inflation to cover for the time. If this had happened for the punishment for, say, criminal defamation, then that would have a jail term of up to 72 years! The current equivalent laws in the UK are the Communications Act, 2003 (s. 127) and the <a class="external-link" href="http://www.legislation.gov.uk/ukpga/1988/27/section/1">Malicious Communications Act</a> 1988 (s.1) for both of which the penalty is up to 6 months' imprisonment or to a maximum fine of £5000 or both. What's surprising is that in the Information Technology (Amendment) Bill of 2006, the penalty for section 66A was up to 2 years, and it was changed on December 16, 2008 through an amendment moved by Mr. A. Raja (the erstwhile Minister of Communications and IT) to 3 years. Given that parts of s.66A(c) resemble nuisance, it is instructive to note the term of punishment in the Indian Penal Code (IPC) for criminal nuisance: a fine of Rs. 200 with no prison term.</p>
<h3 style="text-align: justify; ">"Sending" vs. "Publishing"</h3>
<p align="JUSTIFY">J. Sai Deepak, a lawyer, has made an interesting point that <a class="external-link" href="http://thedemandingmistress.blogspot.in/2012/11/does-section-66a-of-information.html">the IT Act uses "send" as part of its wording, and not "publish"</a>. Given that, only messages specifically directed at another would be included. While this is an interesting proposition, it cannot be accepted because: (1) even blog posts are "sent", albeit to the blog servers — s.66A doesn't say who it has to be sent to; (2) in the UK the Communications Act 2003 uses similar language and that, unlike the Malicious Communication Act 1988 which says "sends to another person", has been applied to public posts to Twitter, etc.; (3) The explanation to s.66A(c) explicitly uses the word "transmitted", which is far broader than "send", and it would be difficult to reconcile them unless "send" can encompass sending to the publishing intermediary like Twitter.</p>
<p align="JUSTIFY">Part of the narrowing down of s.66A should definitely focus on making it applicable only to directed communication (as is the case with telephones, and with the UK's Malicious Communication Act), and not be applicable to publishing.</p>
<h3 align="JUSTIFY">Section 66A(c)</h3>
<p style="text-align: justify; ">Section 66A(c) was also inserted through an amendment moved by Mr. Raja on December 16, 2008, which was passed by the Lok Sabha on December 22, 2008, and a day after by the Rajya Sabha. (The version introduced in Parliament in 2006 had only 66A(a) and (b).) This was done in response to the observation by the Standing Committee on Information Technology that there was no provision for spam. Hence it is clear that this is meant as an anti-spam provision. However, the careless phrasing makes it anything but an anti-spam provision. If instead of "for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages" it was "for the purpose of causing annoyance and inconvenience and to deceive and to mislead the addressee or recipient about the origin of such messages", it would have been slightly closer to an anti-spam provision, but even then doesn't have the two core characteristics of spam: that it be unsolicited and that it be sent in bulk. (Whether only commercial messages should be regarded as spam is an open question.) That it arise from a duplicitous origin is not a requirement of spam (and in the UK, for instance, that is only an aggravating factor for what is already a fine-able activity).<br /><br />Curiously, the definitional problems do not stop there, but extend to the definitions of "electronic mail" and "electronic mail message" in the 'explanation' as well. Those are so vast that more or less anything communicated electronically is counted as an e-mail, including forms of communication that aren't aimed at particular recipients the way e-mail is.<br /><br />Hence, the anti-spam provision does not cover spam, but covers everything else. This provision is certainly unconstitutional.</p>
<h3 class="visualClear" style="text-align: justify; ">Section 66A(b)</h3>
<p style="text-align: justify; ">Section 66A(b) has three main elements: (1) that the communication be known to be false; (2) that it be for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will; (3) that it be communicated persistently. The main problem here is, of course, (2). "Annoyance" and "inconvenience", "insult", "ill will" and "hatred" are very different from "injury", "danger", and "criminal intimidation". That a lawmaker could feel that punishment for purposes this disparate belonged together in a single clause is quite astounding and without parallel (except in the rest of the IT Act). That's akin to having a single provision providing equal punishment for calling someone a moron ("insult") and threatening to kill someone ("criminal intimidation"). While persistent false communications for the purpose of annoying, insulting, inconveniencing, or causing ill will should not be criminalised (if need be, having it as a civil offence would more than suffice), doing so for the purpose of causing danger or criminal intimidation should. However, the question arises whether you need a separate provision in the IT Act for that. Criminal intimidation is already covered by ss. 503 and 506 of the IPC. Similarly, different kinds of causing danger are taken care of in ss.188, 268, 283, 285, 289, and other provisions. Similarly with the other "purposes" listed there, if, for instance, a provision is needed to penalise hoax bomb threats, then the provision clearly should not be mentioning words like "annoyance", and should not be made "persistent". (At any rate, s. 505(1) of the IPC suffices for hoax bomb threats, so you don't need a separate provision in the IT Act).</p>
<p style="text-align: justify; ">I would argue that in its current form this provision is unconstitutional, since there is no countervailing interest in criminalising false and persistent "insults", etc., that will allow those parts of this provision to survive the test of 'reasonableness' under Art.19(2). Furthermore, even bits that survive are largely redundant. While this unconstitutionality could be cured by better, narrower wording, even then one would need to ensure that there is no redundancy due to other provisions in other laws.</p>
<h3>Section 66A(a)</h3>
<p style="text-align: justify; ">In s.66A(a), the question immediately arises whether the information that is "grossly offensive" or "menacing" need to be addressed at someone specific and be seen as "grossly offensive" or "menacing" by that person, or be seen by a 'reasonable man' test.</p>
<p style="text-align: justify; ">Additionally, the term "grossly offensive" will have to be read in such a heightened manner as to not include merely causing offence. The one other place where this phrase is used in Indian law is in s.20(b) of the Indian Post Office Act (prohibiting the sending by post of materials of an indecent, obscene, seditious, scurrilous, threatening, or grossly offensive character). The big difference between s.20(b) of the IPO Act and s.66A of the IT Act is that the former is clearly restricted to one-to-one communication (the way the UK's Malicious Communication Act 1988 is). Reducing the scope of s.66A to direct communications would make it less prone to challenge.<br /><br />Additionally, in order to ensure constitutionality, courts will have to ensure that "grossly offensive" does not simply end up meaning "offensive", and that the maximum punishment is not disproportionately high as it currently is. Even laws specifically aimed at online bullying, such as the UK's Protection from Harassment Act 1997, can have unintended effects. As George Monbiot notes, the "first three people to be prosecuted under [the Protection from Harassment Act] were all peaceful protesters".</p>
<h3 style="text-align: justify; ">Constitutional Arguments in Importing Laws from the UK</h3>
<p style="text-align: justify; ">The plain fact is that the Indian Constitution is stronger on free speech grounds than the (unwritten) UK Constitution, and the judiciary has wide powers of judicial review of statutes (i.e., the ability of a court to strike down a law passed by Parliament as 'unconstitutional'). Judicial review of statutes does not exist in the UK (with review under its EU obligations being the exception) as they believe that Parliament is supreme, unlike India. Putting those two aspects together, a law that is valid in the UK might well be unconstitutional in India for failing to fall within the eight octagonal walls of the reasonable restrictions allowed under Art.19(2). That raises the question of how they deal with such broad wording in the UK.</p>
<h3 style="text-align: justify; ">Genealogy of UK Law on Sending 'Indecent', 'Menacing', 'Grossly Offensive' Messages</h3>
<p style="text-align: justify; ">Quoting from the case of DPP v. Collins [2006] UKHL 40 [6]:</p>
<p style="text-align: justify; ">The genealogy of [s. 127(1) of the Communication Act] may be traced back to s.10(2)(a) of the Post Office (Amendment) Act, 1935, which made it an offence to send any message by telephone which is grossly offensive or of an indecent, obscene or menacing character. That subsection was reproduced with no change save of punctuation in s.66(a) of the Post Office Act 1953. It was again reproduced in s.78 of the Post Office Act 1969, save that "by means of a public telecommunication service" was substituted for "by telephone" and "any message" was changed to "a message or other matter". Section 78 was elaborated but substantially repeated in s.49(1)(a) of the British Telecommunications Act 1981 and was re-enacted (save for the substitution of "system" for "service") in s.43(1)(a) of the Telecommunications Act 1984. Section 43(1)(a) was in the same terms as s.127(1)(a) of the 2003 Act, save that it referred to "a public telecommunication system" and not (as in s.127(1)(a)) to a "public electronic communications network". Sections 11(1)(b) of the Post Office Act 1953 and 85(3) of the Postal Services Act 2000 made it an offence to send certain proscribed articles by post.</p>
<p style="text-align: justify; ">While the above quotation talks about s.127(1) it is equally true about s.127(2) as well. In addition to that, in 1988, the <a class="external-link" href="http://www.legislation.gov.uk/ukpga/1988/27/section/1">Malicious Communications Act</a><a class="external-link" href="http://www.legislation.gov.uk/ukpga/1988/27/section/1"></a> (s.1) was passed to prohibit one-to-one harassment along similar lines.</p>
<p style="text-align: justify; ">The UK's Post Office Act was eclipsed by the Telecommunications Act in 1984, which in turn was replaced in 2003 by the Communications Act. (By contrast, we still stick on to the colonial Indian Post Office Act, 1898.) Provisions from the 1935 Post Office Act were carried forward into the Telecommunications Act (s.43 on the "improper use of public telecommunication system"), and subsequently into s.127 of the Communications Act ("improper use of public electronic communications network"). Section 127 of the Communications Act states:</p>
<p class="callout" style="text-align: justify; ">127. Improper use of public electronic communications network<br />(1) A person is guilty of an offence if he — <br />(a) sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or<br />(b) causes any such message or matter to be so sent.<br />(2) A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he —<br />(a) sends by means of a public electronic communications network, a message that he knows to be false,<br />(b) causes such a message to be sent; or<br />(c) persistently makes use of a public electronic communications network.<br />(3) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.<br />(4) Subsections (1) and (2) do not apply to anything done in the course of providing a programme service (within the meaning of the Broadcasting Act 1990 (c. 42)).</p>
<p style="text-align: justify; ">Currently in the UK there are calls for repeal of s.127. In a separate blog post I will look at how the UK courts have 'read down' the provisions of s.127 and other similar laws in order to be compliant with the European Convention on Human Rights.</p>
<h3 style="text-align: justify; ">Comparison between S. 66A and Other Statutes</h3>
<p>Section 144, IPC, 1860</p>
<p style="text-align: justify; ">Power to issue order in urgent cases of nuisance or apprehended danger</p>
<ol>
<li style="text-align: justify; ">...<b>obstruction, annoyance or injury</b> to any person lawfully employed, or <b>danger </b>to human life, health or safety, or a disturbance of the public tranquillity</li>
</ol>
<p style="text-align: justify; ">Babulal Parate v. State of Maharastra and Ors. [1961 AIR SC 884] (Magistrates order under s. 144 of the Cr. PC, 1973 was in violation of Art.19(1)(a) of the Constitution).</p>
<p style="text-align: justify; "><i>A special thanks is due to Snehashish Ghosh for compiling the below table.<br /></i></p>
<table class="grid listing">
<tbody>
<tr>
<th>Section</th><th>Term(s)/phrase(s) used in 66A</th><th>Term(s)/ phrase(s) used in similar sections</th>
</tr>
<tr>
<td>Section 66A (heading)</td>
<td style="text-align: justify; ">Punishment for sending offensive messages through communication service, etc</td>
<td>Section 127, CA, 2003, "Improper use of public electronic communications network"</td>
</tr>
<tr>
<td>Section 66A(a)</td>
<td style="text-align: justify; ">Any person who sends, by means of a computer resource or a communication device</td>
<td>Section 1(1), MCA 1988, "Any person who sends to another person..."</td>
</tr>
<tr>
<td>Section 66A(a)</td>
<td>Grossly offensive</td>
<td style="text-align: justify; ">Section 1(1)(a)(i), MCA 1988; <br />Section 127(1)(a),CA, 2003; <br />Section 10(2)(a), Post Office (Amendment) Act, 1935*; <br />Section 43(1)(a), Telecommunications Act 1984*;<br /> Section 20, India Post Act 1898</td>
</tr>
<tr>
<td>Section 66A(a)</td>
<td>Menacing character</td>
<td>Section127(1)(a),CA, 2003</td>
</tr>
<tr>
<td>Section 66A(b)</td>
<td>Any information which he knows to be false</td>
<td style="text-align: justify; ">Section 1(1)(a)(iii), MCA 1988 "information which is false and known or believed to be false by the sender"; <br />Section 127(2)(a), CA, 2003, "a message that he knows to be false"<br /></td>
</tr>
<tr style="text-align: justify; ">
<td>Section 66A(b) “purpose of...” <br /></td>
<td>Causing annoyance</td>
<td>Section127(2), CA, 2003</td>
</tr>
<tr>
<td></td>
<td>
<p>Inconvenience</p>
</td>
<td style="text-align: justify; ">Section 127 (2), CA, 2003</td>
</tr>
<tr>
<td></td>
<td>Danger</td>
<td></td>
</tr>
<tr>
<td></td>
<td>Insult</td>
<td>Section 504, IPC, 1860</td>
</tr>
<tr>
<td></td>
<td>Injury</td>
<td style="text-align: justify; ">Section 44 IPC, 1860, "The word 'injury' denotes any harm whatever illegally caused to any person, in body, mind, reputation or property."<br /></td>
</tr>
<tr>
<td></td>
<td>Criminal intimidation</td>
<td>Sections 503 and 505 (2), IPC, 1860</td>
</tr>
<tr>
<td></td>
<td>Enmity, hatred or ill-will</td>
<td>Section 153A(1)(a), IPC, 1860</td>
</tr>
<tr>
<td></td>
<td>Persistently by making use of such computer resource or a communication device</td>
<td>Section 127(2)(c), CA, 2003, "persistently makes use of a public electronic communications network."</td>
</tr>
<tr>
<td>Section 66A(c)</td>
<td>
<p>Deceive or to mislead</p>
</td>
<td>-</td>
</tr>
</tbody>
</table>
<hr />
<p><b>Notes</b><br />MCA 1988: <a class="external-link" href="http://www.legislation.gov.uk/ukpga/1988/27/section/1">Malicious Communications Act</a> (s.1)<br />CA: <a class="external-link" href="http://www.legislation.gov.uk/ukpga/2003/21/section/127">Communications Act 2003</a> (s.127)<br />*Replaced by Communications Act 2003</p>
<hr />
<p style="text-align: justify; ">[<a href="#fr1" name="fn1">1</a>]. The Information Technology (Amendment) Bill, 2008, was one amongst the eight bills that were passed in fifteen minutes on December 16, 2008.<br />[<a href="#fr2" name="fn2">2</a>]. Inserted vide Information Technology Amendment Act, 2008.</p>
<p style="text-align: justify; ">This was re-posted in <a class="external-link" href="http://www.outlookindia.com/article.aspx?283149">Outlook </a>(November 28, 2012)</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/breaking-down-section-66-a-of-the-it-act'>https://cis-india.org/internet-governance/blog/breaking-down-section-66-a-of-the-it-act</a>
</p>
No publisherpraneshIT ActFreedom of Speech and ExpressionPublic AccountabilityInternet GovernanceFeaturedHomepage2012-12-14T09:51:17ZBlog EntryBig Data in India: Benefits, Harms, and Human Rights - Workshop Report
https://cis-india.org/internet-governance/big-data-in-india-benefits-harms-and-human-rights-a-report
<b>The Centre for Internet and Society held a one-day workshop on “Big Data in India: Benefits, Harms and Human Rights” at India Habitat Centre, New Delhi on the 1st of October, 2016. This report is a compilation of the the issues discussed, ideas exchanged and challenges recognized during the workshop. The objective of the workshop was to discuss aspects of big data technologies in terms of harms, opportunities and human rights. The discussion was designed around an extensive study of current and potential future uses of big data for governance in India, that CIS has undertaken over the last year with support from the MacArthur Foundation.</b>
<p> </p>
<p><strong>Contents</strong></p>
<p><a href="#1"><strong>Big Data: Definitions and Global South Perspectives</strong></a></p>
<p><a href="#2"><strong>Aadhaar as Big Data</strong></a></p>
<p><a href="#3"><strong>Seeding</strong></a></p>
<p><a href="#4"><strong>Aadhaar and Data Security</strong></a></p>
<p><a href="#5"><strong>Aadhaar’s Relational Arrangement with Big Data Scheme</strong></a></p>
<p><a href="#6"><strong>The Myths surrounding Aadhaar</strong></a></p>
<p><a href="#7"><strong>IndiaStack and FinTech Apps</strong></a></p>
<p><a href="#8"><strong>Problems with UID</strong></a></p>
<hr />
<h2 id="1">Big Data: Definitions and Global South Perspectives</h2>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">“Big Data” has been defined by multiple scholars till date. The first consideration at the workshop was to discuss various definitions of big data, and also to understand what could be considered Big Data in terms of governance, especially in the absence of academic consensus. One of the most basic ways to define it, as given by the National Institute of Standards and Technology, USA, is to take it to be the data that is beyond the computational capacity of current systems. This definition has been accepted by the UIDAI of India. Another participant pointed out that Big Data is not only indicative of size, but rather the nature of data which is unstructured, and continuously flowing. The Gartner definition of Big Data relies on the three Vs i.e. Volume (size), Velocity (infinite number of ways in which data is being continuously collected) and Variety (the number of ways in which data can be collected in rows and columns).</p>
<p style="text-align: justify;" dir="ltr">The presentation also looked at ways in which Big Data is different from traditional data. It was pointed out that it can accommodate diverse unstructured datasets, and it is ‘relational’ i.e. it needs the presence of common field(s) across datasets which allows these fields to be conjoined. For e.g., the UID in India is being linked to many different datasets, and they don’t constitute Big Data separately, but do so together. An increasingly popular definition is to define data as “Big Data” based on what can be achieved through it. It has been described by authors as the ability to harness new kinds of insight which can inform decision making. It was pointed out that CIS does not subscribe to any particular definition, and is still in the process of coming up with a comprehensive definition of Big Data.</p>
<p style="text-align: justify;" dir="ltr">Further, discussion touched upon the approach to Big Data in the Global South. It was pointed out that most discussions about Big Data in the Global South are about the kind of value that it can have, the ways in which it can change our society. The Global North, on the other hand, has moved on to discussing the ethics and privacy issues associated with Big Data.</p>
<p style="text-align: justify;" dir="ltr">After this, the presentation focussed on case studies surrounding key Central Government initiatives and projects like Aadhaar, Predictive Policing, and Financial Technology (FinTech).</p>
<h2 id="2">Aadhaar as Big Data</h2>
<p style="text-align: justify;" dir="ltr">In presenting CIS’ case study on Aadhaar, it was pointed out that initially, Aadhaar, with its enrollment dataset was by itself being seen as Big Data. However, upon careful consideration in light of definitions discussed above, it can be seen as something that enables Big Data. The different e-governance projects within Digital India, along with Aadhaar, constitute Big Data. The case study discussed the Big Data implications of Aadhaar, and in particular looked at a ‘cradle to grave’ identity mapping through various e-government projects and the datafication of various transaction generated data.</p>
<h2 id="3">Seeding</h2>
<p style="text-align: justify;" dir="ltr">Any digital identity like Aadhaar typically has three features: 1. Identification i.e. a number or card used to identify yourself; 2. Authentication, which is based on your number or card and any other digital attributes that you might have; 3. Authorisation: As bearers of the digital identity, we can authorise the service providers to take some steps on our behalf. The case study discussed ‘seeding’ which enables the Big Data aspects of Digital India. In the process of seeding, different government databases can be seeded with the UID number using a platform called Ginger. Due to this, other databases can be connected to UIDAI, and through it, data from other databases can be queried by using your Aadhaar identity itself. This is an example of relationality, where fractured data is being brought together. At the moment, it is not clear whether this access by UIDAI means that an actual physical copy of such data from various sources will be transferred to UIDAI’s servers or if they will just access it through internet, but the data remains on the host government agency’s server. An example of even private parties becoming a part of this infrastructure was raised by a participant when it was pointed out that Reliance Jio is now asking for fingerprints. This can then be connected to the relational infrastructure being created by UIDAI. The discussion then focused on how such a structure will function, where it was mentioned that as of now, it cannot be said with certainty that UIDAI will be the agency managing this relational infrastructure in the long run, even though it is the one building it.</p>
<h2 id="4">Aadhaar and Data Security</h2>
<p style="text-align: justify;" dir="ltr">This case study also dealt with the sheer lack of data protection legislation in India except for S.43A of the IT Act. The section does not provide adequate protection as the constitutionality of the rules and regulations under S.43A is ambivalent. More importantly, it only refers to private bodies. Hence, any seeding which is being done by the government is outside the scope of data protection legislation. Thus, at the moment, no legal framework covers the processes and the structures being used for datasets. Due to the inapplicability of S.43A to public bodies, questions were raised as to the existence of a comprehensive data protection policy for government institutions. Participants answered the question in the negative. They pointed out that if any government department starts collecting data, they develop their own privacy policy. There are no set guidelines for such policies and they do not address concerns related to consent, data minimisation and purpose limitation at all. Questions were also raised about the access and control over Big Data with government institutions. A tentative answer from a participant was that such data will remain under the control of the domain specific government ministry or department, for e.g. MNREGA data with the Ministry of Rural Development, because the focus is not on data centralisation but rather on data linking. As long as such fractured data is linked and there is an agency that is responsible to link them, this data can be brought together. Such data is primarily for government agencies. But the government is opening up certain aspects of the data present with it for public consumption for research and entrepreneurial purposes.The UIDAI provides you access to your own data after paying a minimal fee. The procedure for such access is still developing.</p>
<h2 id="5">Aadhaar’s Relational Arrangement with Big Data Scheme</h2>
<p style="text-align: justify;" dir="ltr">The various Digital India schemes brought in by the government were elucidated during the workshop. It was pointed out that these schemes extend to myriad aspects of a citizen’s daily life and cover all the essential public services like health, education etc. This makes Aadhaar imperative even though the Supreme Court has observed that it is not mandatory for every citizen to have a unique identity number. The benefits of such identity mapping and the ecosystem being generated by it was also enumerated during the discourse. But the complete absence of any data ethics or data confidentiality principles make us unaware of the costs at which these benefits are being conferred on us. Apart from surveillance concerns, the knowledge gap being created between the citizens and the government was also flagged. Three main benefits touted to be provided by Aadhaar were then analysed. The first is the efficient delivery of services. This appears to be an overblown claim as the Aadhaar specific digitisation and automation does not affect the way in which employment will be provided to citizens through MNREGA or how wage payment delays will be overcome. These are administrative problems that Aadhaar and associated technologies cannot solve. The second is convenience to the citizens. The fallacies in this assertion were also brought out and identified. Before the Aadhaar scheme was rolled in, ration cards were issued based on certain exclusion and inclusion criteria.. The exclusion and inclusion criteria remain the same while another hurdle in the form of Aadhaar has been created. As India is still lacking in supporting infrastructure such as electricity, server connectivity among other things, Aadhaar is acting as a barrier rather than making it convenient for citizens to enroll in such schemes.The third benefit is fraud management. Here, a participant pointed out that this benefit was due to digitisation in the form of GPS chips in food delivery trucks and electronic payment and not the relational nature of Aadhaar. Aadhaar is only concerned with the linking up or relational part. About deduplication, it was pointed out how various government agencies have tackled it quite successfully by using technology different from biometrics which is unreliable at the best of times.</p>
<h2 id="6">The Myths surrounding Aadhaar</h2>
<p style="text-align: justify;" dir="ltr">The discussion also reflected on the fact that Aadhaar is often considered to be a panacea that subsumes all kinds of technologies to tackle leakages. However, this does not take into account the fact that leakages happen in many ways. A system should have been built to tackle those specific kinds of leakages, but the focus is solely on Aadhaar as the cure for all. Notably, participants who have been a part of the government pointed out how this myth is misleading and should instead be seen as the first step towards a more digitally enhanced country which is combining different technologies through one medium.</p>
<h2 id="7">IndiaStack and FinTech Apps</h2>
<h3 id="71">What is India Stack?</h3>
<p style="text-align: justify;" dir="ltr">The focus then shifted to another extremely important Big Data project, India Stack, being conceptualised and developed by a team of private developers called iStack, for the NPCI. It builds on the UID project, Jan Dhan Yojana and mobile services trinity to propagate and develop a cashless, presence-less, paperless and granular consent layer based on UID infrastructure to digitise India.</p>
<p style="text-align: justify;" dir="ltr">A participant pointed out that the idea of India Stack is to use UID as a platform and keep stacking things on it, such that more and more applications are developed. This in turn will help us to move from being a ‘data poor’ country to a ‘data rich’ one. The economic benefits of this data though as evidenced from the TAGUP report - a report about the creation of National Information Utilities to manage the data that is present with the government - is for the corporations and not the common man. The TAGUP report openly talks about privatisation of data.</p>
<h3 id="72">Problems with India Stack</h3>
<p style="text-align: justify;" dir="ltr">The granular consent layer of India Stack hasn’t been developed yet but they have proposed to base it on MIT Media Lab’s OpenPDS system. The idea being that, on the basis of the choices made by the concerned person, access to a person’s personal information may be granted to an agency like a bank. What is more revolutionary is that India Stack might even revoke this access if the concerned person expresses a wish to do so or the surrounding circumstances signal to India Stack that it will be prudent to do so. It should be pointed out that the the technology required for OpenPDS is extremely complex and is not available in India. Moreover, it’s not clear how this system would work. Apart from this, even the paperless layer has its faults and has been criticised by many since its inception, because an actual government signed and stamped paper has been the basis of a claim.. In the paperless system, you are provided a Digilocker in which all your papers are stored electronically, on the basis of your UID number. However, it was brought to light that this doesn’t take into account those who either do not want a Digilocker or UID number or cases where they do not have access to their digital records. How in such cases will people make claims?</p>
<h3 id="73">A Digital Post-Dated Cheque: It’s Ramifications</h3>
<p style="text-align: justify;" dir="ltr">A key change that FinTech apps and the surrounding ecosystem want to make is to create a digital post-dated cheque so as to allow individuals to get loans from their mobiles especially in remote areas. This will potentially cut out the need to construct new banks, thus reducing the capital expenditure , while at the same time allowing the credit services to grow. The direct transfer of money between UID numbers without the involvement of banks is a step to further help this ecosystem grow. Once an individual consents to such a system, however, automatic transfer of money from one’s bank accounts will be affected, regardless of the reason for payment. This is different from auto debt deductions done by banks presently, as in the present system banks have other forms of collateral as well. The automatic deduction now is only affected if these other forms are defaulted upon. There is no knowledge as to whether this consent will be reversible or irreversible. As Jan Dhan Yojana accounts are zero balance accounts, the account holder will be bled dry. The implication of schemes such as “Loan in under 8 minutes” were also discussed. The advantage of such schemes is that transaction costs are reduced.The financial institution can thus grant loans for the minimum amount without any additional enquiries. It was pointed out that this new system is based on living on future income much like the US housing bubble crash. Interestingly, in Public Distribution Systems, biometrics are insisted upon even though it disrupts the system. This can be seen as a part of the larger infrastructure to ensure that digital post-dated cheques become a success.</p>
<h3 id="74">The Role of FinTech Apps</h3>
<p style="text-align: justify;" dir="ltr">FinTech ‘apps’ are being presented with the aim of propagating financial inclusion. The Technology Advisory Group for Unique Projects report stated that as managing such information sources is a big task, just like electricity utilities, a National Information Utilities (NIU) should be set up for data sources. These NIUs as per the report will follow a fee based model where they will be charging for their services for government schemes. The report identified two key NIUs namely the National Payments Corporation of India (NPCI) and the Goods and Services Tax Network (GSTN). The key usage that FinTech applications will serve is credit scoring. The traditional credit scoring data sources only comprised a thin file of records for an individual, but the data that FinTech apps collect - a person’s UID number, mobile number. and bank account number all linked up, allow for a far more comprehensive credit rating. Government departments are willing to share this data with FinTech apps as they are getting analysis in return. Thus, by using UID and the varied data sources that have been linked together by UID, a ‘thick file’ is now being created by FinTech apps. Banking apps have not yet gone down the route of FinTech apps to utilise Big Data for credit scoring purposes.</p>
<p style="text-align: justify;" dir="ltr"> </p>
<p style="text-align: justify;" dir="ltr">The two main problems with such apps is that there is no uniform way of credit scoring. This distorts the rate at which a person has to pay interest. The consent layer adds another layer of complication as refusal to share mobile data with a FinTech app may lead to the app declaring one to be a risky investment thus, subjecting that individual to a higher rate of interest .</p>
<div style="text-align: justify;" dir="ltr"> </div>
<h3 id="75">Regulation of FinTech Apps and the UID Infrastructure</h3>
<p style="text-align: justify;" dir="ltr"> India Stack and the applications that are being built on it, generate a lot of transaction metadata that is very intimate in nature. The privacy aspects of the UID legislation doesn't cover such data. The granular consent layer which has been touted to cover this still has to come into existence. Also, Big Data is based on sharing and linking of data. Here, privacy concerns and Big Data objectives clash. Big Data by its very nature challenges privacy principles like data minimisation and purpose limitation.The need for regulation to cover the various new apps and infrastructure which are being developed was pointed out.</p>
<h2 id="8">Problems with UID</h2>
<p style="text-align: justify;" dir="ltr">It has been observed that any problem present with Aadhaar is usually labelled as a teething problem, it’s claimed that it will be solved in the next 10 years. But, this begs the question - why is the system online right now?</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">Aadhaar is essentially a new data condition and a new exclusion or inclusion criteria. Data exclusion modalities as observed in Rajasthan after the introduction of biometric Point of Service (POS) machines at ration shops was found to be 45% of the population availing PDS services. This number also includes those who were excluded from the database by being included in the wrong dataset. There is no information present to tell us how many actual duplicates and how many genuine ration card holders were weeded out/excluded by POS.</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">It was also mentioned that any attempt to question Aadhaar is considered to be an attempt to go back to the manual system and this binary thinking needs to change. Big Data has the potential to benefit people, as has been evidenced by the scholarship and pension portals. However, Big Data’s problems arise in systems like PDS, where there is centralised exclusion at the level of the cloud. Moreover, the quantity problem present in the PDS and MNREGA systems persists. There is still the possibility of getting lesser grains and salary even with analysis of biometrics, hence proving that there are better technologies to tackle these problems. Presently, the accountability mechanisms are being weakened as the poor don’t know where to go to for redressal. Moreover, the mechanisms to check whether the people excluded are duplicates or not is not there. At the time of UID enrollment, out of 90 crores, 9 crore were rejected. There was no feedback or follow-up mechanism to figure out why are people being rejected. It was just assumed that they might have been duplicates.</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">Another problem is the rolling out of software without checking for inefficiencies or problems at a beta testing phase. The control of developers over this software, is so massive that it can be changed so easily without any accountability.. The decision making components of the software are all proprietary like in the the de-duplication algorithm being used by the UIDAI. Thus, this leads to a loss of accountability because the system itself is in flux, none of it is present in public domain and there are no means to analyse it in a transparent fashion..</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">These schemes are also being pushed through due to database politics. On a field study of NPR of citizens, another Big Data scheme, it was found that you are assumed to be an alien if you did not have the documents to prove that you are a citizen. Hence, unless you fulfill certain conditions of a database, you are excluded and are not eligible for the benefits that being on the database afford you.</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">Why is the private sector pushing for UIDAI and the surrounding ecosystem?</p>
<p style="text-align: justify;" dir="ltr">Financial institutions stand to gain from encouraging the UID as it encourages the credit culture and reduces transaction costs.. Another advantage for the private sector is perhaps the more obvious one, that is allows for efficient marketing of products and services..</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">The above mentioned fears and challenges were actually observed on the ground and the same was shown through the medium of a case study in West Bengal on the smart meters being installed there by the state electricity utility. While the data coming in from these smart meters is being used to ensure that a more efficient system is developed,it is also being used as a surrogate for income mapping on the basis of electricity bills being paid. This helps companies profile neighbourhoods. The technical officer who first receives that data has complete control over it and he can easily misuse the data. This case study again shows that instruments like Aadhaar and India Stack are limited in their application and aren’t the panacea that they are portrayed to be.</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">A participant pointed out that in the light of the above discussions, the aim appears to be to get all kinds of data, through any source, and once you have gotten the UID, you link all of this data to the UID number, and then use it in all the corporate schemes that are being started. Most of the problems associated with Big Data are being described as teething problems. The India Stack and FinTech scheme is coming in when we already know about the problems being faced by UID. The same problems will be faced by India Stack as well.</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">Can you opt out of the Aadhaar system and the surrounding ecosystem?</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">The discussion then turned towards whether there can be voluntary opting out from Aadhaar. It was pointed out that the government has stated that you cannot opt out of Aadhaar. Further, the privacy principles in the UIDAI bill are ambiguously worded where individuals only have recourse for basic things like correction of your personal information. The enforcement mechanism present in the UIDAI Act is also severely deficient. There is no notification procedure if a data breach occurs. . The appellate body ‘Cyber Appellate Tribunal’ has not been set up in three years.</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">CCTNS: Big Data and its Predictive Uses</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">What is Predictive Policing?</p>
<p style="text-align: justify;" dir="ltr">The next big Big Data case study was on the Crime and Criminal Tracking Network & Systems (CCTNS). Originally it was supposed to be a digitisation and interconnection scheme where police records would be digitised and police stations across the length and breadth of the country would be interconnected. But, in the last few years some police departments of states like Chandigarh, Delhi and Jharkhand have mooted the idea of moving on to predictive policing techniques. It envisages the use of existing statistical and actuarial techniques along with many other tropes of data to do so. It works in four ways: 1. By predicting the place and time where crimes might occur; 2. To predict potential future offenders; 3. To create profiles of past crimes in order to predict future crimes; 4. Predicting groups of individuals who are likely to be victims of future crimes.</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">How is Predictive Policing done?</p>
<p style="text-align: justify;" dir="ltr">To achieve this, the following process is followed: 1. Data collection from various sources which includes structured data like FIRs and unstructured data like call detail records, neighbourhood data, crime seasonal patterns etc. 2. Analysis by using theories like the near repeat theory, regression models on the basis of risk factors etc. 3. Intervention</p>
<div style="text-align: justify;" dir="ltr"> </div>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">Flaws in Predictive Policing and questions of bias</p>
<p style="text-align: justify;" dir="ltr">An obvious weak point in the system is that if the initial data going into the system is wrong or biased, the analysis will also be wrong. Efforts are being made to detect such biases. An important way to do so will be by building data collection practices into the system that protect its accuracy. The historical data being entered into the system is carrying on the prejudices inherited from the British Raj and biases based on religion, caste, socio-economic background etc.</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">One participant brought about the issue of data digitization in police stations, and the impact of this haphazard, unreliable data on a Big Data system. This coupled with paucity of data is bound to lead to arbitrary results. An effective example was that of black neighbourhoods in the USA. These are considered problematic and thus they are policed more, leading to a higher crime rate as they are arrested for doing things that white people in an affluent neighbourhood get away with. This in turn further perpetuates the crime rate and it becomes a self-fulfilling prophecy. In India, such a phenomenon might easily develop in the case of migrants, de-notified tribes, Muslims etc. A counter-view on bias and discrimination was offered here. One participant pointed out that problems with haphazard or poor quality of data is not a colossal issue as private companies are willing to fill this void and are actually doing so in exchange for access to this raw data. It was also pointed out how bias by itself is being used as an all encompassing term. There are multiplicities of biases and while analysing the data, care should be taken to keep it in mind that one person’s bias and analysis might and usually does differ from another. Even after a computer has analysed the data, the data still falls into human hands for implementation.</p>
<p style="text-align: justify;" dir="ltr">The issue of such databases being used to target particular communities on the basis of religion, race, caste, ethnicity among other parameters was raised. Questions about control and analysis of data were also discussed, i.e. whether it will be top-down with data analysis being done in state capitals or will this analysis be done at village and thana levels as well too. It was discussed as topointed out how this could play a major role in the success and possible persecutory treatment of citizens, as the policemen at both these levels will have different perceptions of what the data is saying. . It was further pointed out, that at the moment, there’s no clarity on the mode of implementation of Big Data policing systems. Police in the USA have been seen to rely on Big Data so much that they have been seen to become ‘data myopic’. For those who are on the bad side of Big Data, in the Indian context, laws like preventive detention can be heavily misused.There’s a very high chance that predictive policing due to the inherent biases in the system and the prejudices and inefficiency of the legal system will further suppress the already targeted sections of the society. A counterpoint was raised and it was suggested that contrary to our fears, CCTNS might lead to changes in our understanding and help us to overcome longstanding biases.</p>
<p style="text-align: justify;" dir="ltr">Open Knowledge Architecture as a solution to Big Data biases?</p>
<p style="text-align: justify;" dir="ltr">The conference then mulled over the use of ‘Open Knowledge’ architecture to see whether it can provide the solution to rid Big Data of its biases and inaccuracies if enough eyes are there. It was pointed out that Open Knowledge itself can’t provide foolproof protection against these biases as the people who make up the eyes themselves are predominantly male belonging to the affluent sections of the society and they themselves suffer from these biases.</p>
<p style="text-align: justify;" dir="ltr">Who exactly is Big Data supposed to serve?</p>
<p style="text-align: justify;" dir="ltr">The discussion also looked at questions such as who is this data for? Janata Information System (JIS), is a concept developed by MKSS where the data collected and generated by the government is taken to be for the common citizens. For e.g. MNREGA data should be used to serve the purposes of the labourers. The raw data as is available at the moment, usually cannot be used by the common man as it is so vast and full of information that is not useful for them at all. It was pointed out that while using Big Data for policy planning purposes, the actual string of information that turned out to be needed was very little but the task of unravelling this data for civil society purposes is humongous. By presenting the data in the right manner, the individual can be empowered. The importance of data presentation was also flagged. It was agreed upon that the content of the data should be for the labourer and not a MNC, as the MNC has the capability to utilise the raw data on it’s own regardless.</p>
<p style="text-align: justify;" dir="ltr">Concerns about Big Data usage</p>
<ol><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">Participants pointed out that privacy concerns are usually brushed under the table due to a belief that the law is sufficient or that the privacy battle has already been lost. </p>
</li><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">In the absence of knowledge of domain and context, Big Data analysis is quite limited. Big Data’s accuracy and potential to solve problems needs to be factually backed.</p>
</li><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">The narrative of Big Data often rests on the assumption that descriptive statistics take over inferential statistics, thus eliminating the need for domain specific knowledge. It is claimed that the data is so big that it will describe everything that we need to know.</p>
</li><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">Big Data is creating a shift from a deductive model of scientific rigour to an inductive one. In response to this, a participant offered the idea that troves of good data allow us to make informed questions on the basis of which the deductive model will be formed. A hybrid approach combining both deductive and inductive might serve us best.</p>
</li><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">The need to collect the right data in the correct format, in the right place was also expressed.</p>
</li></ol>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">Potential Research Questions & Participants’ Areas of Research</p>
<p style="text-align: justify;" dir="ltr">Following this discussion, participants brainstormed to come up with potential areas of research and research questions. They have been captured below:</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">Big Data, Aadhaar and India Stack:</p>
<div style="text-align: justify;" dir="ltr"> </div>
<ol><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">Has Aadhaar been able to tackle illegal ways of claiming services or are local negotiations and other methods still prevalent?</p>
</li><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">Is the consent layer of India Stack being developed in a way that provides an opportunity to the UID user to give informed consent? The OpenPDS and its counterpart in the EU i.e. the My Data Structure were designed for countries with strong privacy laws. Importantly, they were meant for information shared on social media and not for an individual’s health or credit history. India is using it in a completely different sphere without strong data protection laws. What were the granular consent layer structures present in the West designed for and what were they supposed to protect?</p>
</li><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">The question of ownership of data needs to be studied especially in context of a globalised world where MNCs are collecting copious amounts of data of Indian citizens. What is the interaction of private parties in this regard?</p>
</li></ol>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">Big Data and Predictive Policing:</p>
<div style="text-align: justify;" dir="ltr"> </div>
<ol><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">How are inequalities being created through the Big Data systems? Lessons should be taken from the Western experience with the advent of predictive policing and other big data techniques - they tend to lead to perpetuation of the current biases which are already ingrained in the system.</p>
</li><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">It was also pointed out how while studying these topics and anything related to technology generally, we become aware of a divide that is present between the computational sciences and social sciences. This divide needs to be erased if Big Data or any kind of data is to be used efficiently. There should be a cross-pollination between different groups of academics. An example of this can be seen to be the ‘computational social sciences departments’ that have been coming up in the last 3-4 years.</p>
</li><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">Why are so many interim promises made by Big Data failing? A study of this phenomenon needs to be done from a social science perspective. This will allow one to look at it from a different angle.</p>
</li></ol>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">Studying Big Data:</p>
<div style="text-align: justify;" dir="ltr"> </div>
<ol><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">What is the historical context of the terms of reference being used for Big Data? The current Big Data debate in India is based on parameters set by the West. For better understanding of Big Data, it was suggested that P.C. Mahalanobis’ experience while conducting the Indian census, (which was the Big Data of that time) can be looked at to get a historical perspective on Big Data. This comparison might allow us to discover questions that are important in the Indian context. It was also suggested that rather than using ‘Big Data’ as a catchphrase to describe these new technological innovations, we need to be more discerning.</p>
</li><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">What are the ideological aspects that must be considered while studying Big Data? What does the dialectical promise of technology mean? It was contended that every time there is a shift in technology, the zeitgeist of that period is extremely excited and there are claims that it will solve everything. There’s a need to study this dialectical promise and the social promise surrounding it.</p>
</li><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">Apart from the legitimate fears that Big Data might lead to exclusion, what are the possibilities in which it improve inclusion too?</p>
</li><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">The diminishing barrier between the public and private self, which is a tangent to the larger public-private debate was mentioned.</p>
</li><li style="list-style-type: decimal;" dir="ltr">
<p style="text-align: justify;" dir="ltr">How does one distinguish between technology failure and process failure while studying Big Data? </p>
</li></ol>
<div style="text-align: justify;" dir="ltr"> </div>
<div style="text-align: justify;" dir="ltr"> </div>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">Big Data: A Friend?</p>
<p style="text-align: justify;" dir="ltr">In the concluding session, the fact that the Big Data moment cannot be wished away was acknowledged. The use of analytics and predictive modelling by the private sector is now commonplace and India has made a move towards a database state through UID and Digital India. The need for a nuanced debate, that does away with the false equivalence of being either a Big Data enthusiast or a luddite is crucial.</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">A participant offered two approaches to solving a Big Data problem. The first was the Big Data due process framework which states that if a decision has been taken that impacts the rights of a citizen, it needs to be cross examined. The efficacy and practicality of such an approach is still not clear. The second, slightly paternalistic in nature, was the approach where Big Data problems would be solved at the data science level itself. This is much like the affirmative algorithmic approach which says that if in a particular dataset, the data for the minority community is not available then it should be artificially introduced in the dataset. It was also suggested that carefully calibrated free market competition can be used to regulate Big Data. For e.g. a private personal wallet company that charges higher, but does not share your data at all can be an example of such competition. </p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">Another important observation was the need to understand Big Data in a Global South context and account for unique challenges that arise. While the convenience of Big Data is promising, its actual manifestation depends on externalities like connectivity, accurate and adequate data etc that must be studied in the Global South.</p>
<div style="text-align: justify;" dir="ltr"> </div>
<p style="text-align: justify;" dir="ltr">While the promises of Big Data are encouraging, it is also important to examine its impacts and its interaction with people's rights. Regulatory solutions to mitigate the harms of big data while also reaping its benefits need to evolve.</p>
<div style="text-align: justify;" dir="ltr"> </div>
<div style="text-align: justify;" dir="ltr"> </div>
<p><span id="docs-internal-guid-90fa226f-6157-27d9-30cd-050bdc280875"></span></p>
<div style="text-align: justify;" dir="ltr"> </div>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/big-data-in-india-benefits-harms-and-human-rights-a-report'>https://cis-india.org/internet-governance/big-data-in-india-benefits-harms-and-human-rights-a-report</a>
</p>
No publisherVidushi Marda, Akash Deep Singh and Geethanjali JujjavarapuHuman RightsUIDBig DataPrivacyArtificial IntelligenceInternet GovernanceMachine LearningFeaturedDigital IndiaAadhaarInformation TechnologyE-Governance2016-11-18T12:58:19ZBlog EntryBig Data and Reproductive Health in India: A Case Study of the Mother and Child Tracking System
https://cis-india.org/raw/big-data-reproductive-health-india-mcts
<b>In this case study undertaken as part of the Big Data for Development (BD4D) network, Ambika Tandon evaluates the Mother and Child Tracking System (MCTS) as data-driven initiative in reproductive health at the national level in India. The study also assesses the potential of MCTS to contribute towards the big data landscape on reproductive health in the country, as the Indian state’s imagination of health informatics moves towards big data.</b>
<p> </p>
<h4>Case study: <a href="https://github.com/cis-india/website/raw/master/bd4d/CIS_CaseStudy_AT_BigDataReproductiveHealthMCTS.pdf" target="_blank">Download</a> (PDF)</h4>
<hr />
<h3>Introduction</h3>
<p>The reproductive health information ecosystem in India comprises of a range of different databases across state and national levels. These collect data through a combination of manual and digital tools. Two national-level databases have been launched by the Ministry of Health and Family Welfare - the Health Management Information System (HMIS) in 2008, and the MCTS in 2009. 4 The MCTS focuses on collecting data on maternal and child health. It was instituted due to reported gaps in the HMIS, which records monthly data across health programmes including reproductive health. There are several other state-level initiatives on reproductive health data that have either been subsumed into, or run in
parallel with, the MCTS.</p>
<p>With this case study, we aim to evaluate the MCTS as data-driven initiative in reproductive health at the national level. It will also assess its potential to contribute towards the big data landscape on reproductive health in the country, as the Indian state’s imagination of health informatics moves towards big data. The methodology for the case study involved a desk-based review of existing literature on the use of health information systems globally, as well as analysis of government reports, journal articles, media coverage, policy documents, and other material on the MCTS.</p>
<p>The first section of this report details the theoretical framing of the case study, drawing on the feminist critique of reproductive data systems. The second section maps the current landscape of reproductive health data produced by the state in India, with a focus on data flows, and barriers to data collection and analysis at the local and national level. The case of abortion data is used to further the argument of flawed data collection systems at the
national level. Section three briefly discusses the state’s imagination of reproductive health policy and the role of data systems through a discussion on the National Health Policy, 2017 and the National Health Stack, 2018. Finally, we make some policy recommendations and identify directions for future research, taking into account the ongoing shift towards big data globally to democratise reproductive healthcare.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/raw/big-data-reproductive-health-india-mcts'>https://cis-india.org/raw/big-data-reproductive-health-india-mcts</a>
</p>
No publisherambikaBig DataData SystemsResearchers at WorkReproductive and Child HealthResearchFeaturedPublicationsBD4DHealthcareBig Data for Development2019-12-06T04:57:55ZBlog EntryBig Data and Positive Social Change in the Developing World: A White Paper for Practitioners and Researchers
https://cis-india.org/internet-governance/blog/big-data-and-positive-social-change-in-developing-world
<b>I was a part of a working group writing a white paper on big data and social change, over the last six months. This white paper was produced by a group of activists, researchers and data experts who met at the Rockefeller Foundation’s Bellagio Centre to discuss the question of whether, and how, big data is becoming a resource for positive social change in low- and middle-income countries (LMICs).</b>
<hr />
<p style="text-align: justify; ">Bellagio Big Data Workshop Participants. (2014). “Big data and positive social change in the developing world: A white paper for practitioners and researchers.” Oxford: Oxford Internet Institute. Available online: <a class="external-link" href="http://ssrn.com/abstract=2491555">http://ssrn.com/abstract=2491555</a>.</p>
<h2>Summary</h2>
<p style="text-align: justify; ">Our working definition of big data includes, but is not limited to, sources such as social media, mobile phone use, digitally mediated transactions, the online news media, and administrative records. It can be categorised as data that is provided explicitly (e.g. social media feedback); data that is observed (e.g. mobile phone call records); and data that is inferred and derived by algorithms (for example social network structure or inflation rates). We defined four main areas where big data has potential for those interested in promoting positive social change: advocating and facilitating; describing and predicting; facilitating information exchange and promoting accountability and transparency.</p>
<p style="text-align: justify; ">In terms of <span class="ff5">advocating and facilitating</span>,<span class="_0 _"> </span> we discussed ways in which volunteered data may <span class="_0 _"> </span>help organisations to open up new public spa<span class="_0 _"></span>ces for discussion and awareness<span class="_0 _"></span>-building; how both aggregating data and working across different databa<span class="_0 _"></span>ses can be tools for building awa<span class="_0 _"></span>reness, and howthe digital data commons can also configure new<span class="_0 _"></span><span class="ff5"> </span>communities and actions<span class="_0 _"></span> (sometimes serendipitously) through data science and aggregation. Finally, we also<span class="_0 _"></span> looked at the problem of overexposure and ho<span class="_0 _"></span>wactivists and organisations can<span class="_0 _"></span> protect themselves and hide their digital footprin<span class="_0 _"></span>ts. The challenges w<span class="ls2">e</span> identified in this area were how to interpret data<span class="_0 _"></span> correctly when supplementary information may b<span class="_0 _"></span>e lacking; organisational capacity constraints aro<span class="_0 _"></span>und processing and storing data,<span class="_0 _"></span> and issues around data dissemination, i.e. the pos<span class="_0 _"></span>sible negative consequences of inadvertently ide<span class="_0 _"></span>ntifying groups or individuals<span class="_0 _"></span>.</p>
<p style="text-align: justify; ">Next, we looked at the way big data can help describe and predict, functions which are particularly important in the academic, development and humanitarian areas of work where researchers can combine data into new dynamic, high-resolution datasets to detect new correlations and surface new questions. With data such as mobile phone data and Twitter analytics, understanding the data’s comprehensiveness, meaning and bias are the main challenges, accompanied by the problem of developing new and more comprehensive ethical systems to protect data subjects where data is observed rather than volunteered.</p>
<p style="text-align: justify; ">The next group of activities discussed was facilitating information exchange. We looked at mobile-based information services, where it is possible for a platform created around a particular aim (e.g. agricultural knowledge-building) to incorporate multiple feedback loops which feed into both research and action. The pitfalls include the technical challenge of developing a platform which is lean yet multifaceted in terms of its uses, and particularly making it reliably available to low-income users. This kind of platform, addressed by big data analytics, also offers new insights through data discovery and allows the provider to steer service provision according to users’ revealed needs and priorities.</p>
<p style="text-align: justify; ">Our last category for big data use was accountability and transparency, where organisations are using crowdsourcing methods to aggregate and analyse information in real time to establish new spaces for critical discussion, awareness and action. Flows of digital information can be managed to prioritise participation and feedback, provide a safe space to engage with policy decisions and expose abuse. The main challenges are how to keep sensitive information (and informants) safe while also exposing data and making authorities accountable; how to make the work sustainable without selling data, and how to establish feedback loops so that users remain involved in the work beyond an initial posting. In the crowdsourcing context, new challenges are also arising in terms of how to verify and moderate real-time flows of information, and how to make this process itself transparent.</p>
<p style="text-align: justify; ">Finally, we also discussed the relationship between big and open data. Open data can be seen as a system of governance and a knowledge commons, whereas big data does not by its nature involve the idea of the commons, so we leaned toward the term ‘opening data’, i.e. processes which could apply to commercially generated as much as public-sector datasets. It is also important to understand where to prioritise opening, and where this may exclude people who are not using the ‘right’ technologies: for example, analogue methods (e.g. nailing a local authority budget to a town hall door every month) may be more open than ‘open’ digital data that’s available online.</p>
<p style="text-align: justify; ">Our discussion surfaced many questions to do with representation and meaning: must datasets be interpreted by people with local knowledge? For researchers to get access to data that is fully representative, do we need a data commons? How are data proprietors engaging with the power dynamics and inequalities in the research field, and how can civil society engage with the private sector on its own terms if data access is skewed towards elites? We also looked at issues of privacy and risk: do we need a contextual risk perspective rather than a single set of standards? What is the role of local knowledge in protecting data subjects, and what kinds of institutions and practices are necessary? We concluded that there is a case to be made for building a data commons for private/public data, and for setting up new and more appropriate ethical guidelines to deal with big data, since aggregating, linking and merging data present new kinds of privacy risk. In particular, organisations advocating for opening datasets must admit the limitations of anonymisation, which is currently being ascribed more power to protect data subjects than it merits in the era of big data.</p>
<p style="text-align: justify; ">Our analysis makes a strong case that it is time for civil society groups in particular to become part of the conversation about the power of data. These groups are the connectors between individuals and governments, corporations and governance institutions, and have the potential to promote big data analysis that is locally driven and rooted. Civil society groups are also crucially important but currently underrepresented in debates about privacy and the rights of technology users, and civil society as a whole has a responsibility for building critical awareness of the ways big data is being used to sort, categorise and intervene in LMICs by corporations, governments and other actors. Big data is shaping up to be one of the key battlefields of our era, incorporating many of the issues civil society activists worldwide have been working on for decades. We hope that this paper can inform organisations and<br />individuals as to where their particular interests may gain traction in the debate, and what their contribution may look like.</p>
<hr />
<p><b><a class="external-link" href="http://cis-india.org/internet-governance/blog/big-data-and-positive-social-change.pdf">Click to download the full white paper here</a></b>. (PDF, 1.95 Mb)</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/big-data-and-positive-social-change-in-developing-world'>https://cis-india.org/internet-governance/blog/big-data-and-positive-social-change-in-developing-world</a>
</p>
No publishernishantBig DataPrivacyInternet GovernanceFeaturedOpennessHomepage2014-10-01T03:52:35ZBlog EntryBanking Policy Guide
https://cis-india.org/internet-governance/blog/banking-policy-guide
<b>To gain a practical perspective on the existing banking practices and policies in India in this project, an empirical study of five separate and diverse banks has been conducted. The forms, policy documents, and other relevant and available documents of these banks have been analysed in this project.</b>
<p style="text-align: justify; ">These documents were obtained from the websites of the respective banks, and wherever they were lacking, from the branches of the banks themselves. Attempts were made to obtain any information required for the project that was not available on the website or in the forms from the officers of the respective banks.</p>
<p style="text-align: justify; ">The State Banks of India (hereinafter ‘SBI’), Central Bank of India (hereinafter ‘CBI’), ICICI Bank (hereinafter ‘ICICI’), IndusInd Bank (hereinafter ‘IndusInd’) and Standard Chartered Bank (hereinafter ‘SCB’) are the banks chosen for this project. As mentioned, these banks have been chosen to ensure a diverse sample pool. SBI is an Indian public multinational bank, CBI is an Indian public bank and it is not multinational, ICICI is an Indian private and multinational bank, IndusInd is an Indian private bank which isn’t multinational, and SCB is a British bank operating in India.</p>
<p style="text-align: justify; ">The forms and other documents of each of the banks have been compared against a template of twenty nine questions created from the nine principles given in <a class="external-link" href="http://planningcommission.nic.in/reports/genrep/rep_privacy.pdf">Justice A.P. Shah Group of Experts’ Report on Privacy</a>.</p>
<p style="text-align: justify; ">The two services provided by these banks that have been analysed are Opening an Account and Taking out a Personal Loan. This comparison has been done keeping in mind the obligations of the banks under the Master Circular and the KYC Norms detailed in it, Code of Conduct, and the Rules under Section 43A of the IT Act. Attempts have been made to clarify the basis of the response as much as possible. An analysis of the obligations of the banks is present below, along with an explanation of the relevance of various parts of the two services that are analysed.</p>
<hr />
<p style="text-align: justify; ">Click to download:</p>
<ol>
<li><a href="https://cis-india.org/internet-governance/blog/banking-policy-guide.pdf" class="internal-link">Banking Policy Guide</a></li>
<li><a href="https://cis-india.org/internet-governance/blog/banking-policy-guide.xlsx" class="internal-link">Banking Practices</a></li>
</ol>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/banking-policy-guide'>https://cis-india.org/internet-governance/blog/banking-policy-guide</a>
</p>
No publisherKartik ChawlaBankingFeaturedInternet GovernancePrivacy2015-01-22T14:54:57ZBlog EntryBanking and Accessibility in India: A Report by CIS
https://cis-india.org/accessibility/blog/banking-and-accessibility-in-india-report
<b>The report gives an analysis of banking accessibility for persons with disabilities in India. Besides a detailed look at the legal provisions and guidelines on banking and technology, the report also provides a view on different disabilities in relation to banking and accessibility in India and contains case studies and guidelines from countries such as New Zealand, Australia, the United States of America, Canada and the Netherlands. The report sums up the analysis with suggestions and recommendations to improve banking accessibility for persons with disabilities in India.</b>
<h2>Executive Summary</h2>
<p style="text-align: justify; ">India is a signatory to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), and has an obligation to provide equal opportunities and facilities to everyone, irrespective of any disabilities they might suffer from. This is guaranteed in the right to equality and the right to life, which are enshrined in the fundamental rights in the Constitution of India. There are specific Reserve Bank of India (RBI) notifications that mandate banks to offer banking facilities in a non-discriminatory manner to all customers. Nevertheless, there are many problems faced by people with disabilities while accessing banking and financial services in India. For instance, many banks and Automated Teller Machines (ATMs) are not physically accessible, staff has no training or expertise in dealing with customers who have special needs, and despite the existence of technology, and ATMs are not equipped to be used by people with disabilities.</p>
<p style="text-align: justify; ">There are several international guidelines which can be referred to while formulating policy on banking accessibility, such as guidelines on ATM construction and modification (USA) and guidelines on making websites accessible for people with disabilities (the Web Content Accessibility Guidelines), as well as voluntary standards that have been taken up by banking associations in countries like Australia and New Zealand in order to make banking more accessible to people with disabilities and the elderly population.</p>
<p style="text-align: justify; ">The adoption of accessibility features and technologies in Indian banks today is very low, despite there being a legislative as well as executive push for the same. Banks which do not follow these guidelines are not meeting their legal requirements, and it is important for them to understand not just their obligations, but also the benefits that will accrue to them if they follow the suggested guidelines. To that end, this report looks at the current notifications and guidelines that govern this area, the problems faced by people with disabilities, and looks at guidelines from other countries to suggest solutions that can be incorporated by different banks in India.</p>
<h2 style="text-align: justify; ">Introduction</h2>
<p style="text-align: justify; ">As per the 2001 Census, there are around 2.19 crore persons with disabilities in India. They constitute 2.13 per cent of the total population of the country.<a href="#fn1" name="fr1">[1]</a> This includes persons with visual, hearing, speech, locomotor and mental disabilities. Despite these numbers, there is a lack of understanding of their needs, and people with disabilities face a number of obstacles when it comes to living a normal life, and availing banking facilities is a big part of the problem. Consider the fact that only 50 out of the 1.04 lakh Automated Teller Machines (ATMs) in India are accessible to people with disabilities.<a href="#fn2" name="fr2">[2]</a> There is a general lack of infrastructure and awareness in India that permits people with disabilities to use banking services. This translates to problems not just in accessing a physical bank and seeking help from a bank official, but also extends to accessing services such as ATM machines and online banking options. The problem is exacerbated by the fact that around 75 per cent of persons with disabilities live in rural areas, and only around 49 per cent of the disabled population is literate and only 34 per cent is employed.<a href="#fn3" name="fr3">[3]</a> Although one may find some rare cases of disabled-friendly banking options in the metros, in the rural areas, there are neither facilities nor is there any sensitisation towards meeting the needs of the disabled.</p>
<p style="text-align: justify; ">India is a signatory to both the United Nations Convention on the Rights of Persons with Disabilities, 2006<a href="#fn4" name="fr4">[4]</a> (hereinafter, “UNCRPD”) and Biwako Millennium Framework towards an Inclusive, Barrier-free and Rights-based Society for PWDs in Asia and the Pacific, 2002<a href="#fn5" name="fr5">[5]</a> and thus has an international obligation to ensure equal access to all members of the population. This obligation extends to giving people with disabilities the right to conduct banking services. This has been recognised by several Reserve Bank of India (RBI) directives as well, although these guidelines have not been fully implemented so far.</p>
<p style="text-align: justify; ">Currently, it is very difficult for people with disabilities to use banking services in India. If a person who has a hearing disability walks into a branch for a home loan, the branch does not have a person who can understand or interpret sign language. More usually, the branch does not even have the resources or knowledge about whom to contact to facilitate the interaction by interpreting. These obstacles mean that a person with disability/ies always has to latch on to someone who is fully capable to help them. Without such help in the form of guarantors or co-borrowers who are fully capable, the chances of obtaining finance from the banks are low because bank's probably give a person with disability/ies a much lower credit rating based on their own internal criteria. These determinations automatically put the disabled at a disadvantage. A person with a learning disability, for example, dyslexia, will face severe difficulty filling out an application form (or any document for that matter) and banks are not disabled friendly in terms of the attitude of the staff towards such difficulties.</p>
<p style="text-align: justify; ">Making banking accessible for people with disabilities is both a best practice that should be followed, as well as a sound commercial decision. There are a large number of people in India with differing levels of disability, who would benefit from using banking services. Additionally, the number of people will only increase with time as India’s young population grows old, since incidence of disability increases with age.<a href="#fn6" name="fr6">[6]</a> The Internet, above all, is a tool for people with disabilities to bridge the differences between them and others, and all efforts must be made to ensure that they are not at a disadvantage when it comes to using services such as net banking. There is also the consideration that improving accessibility improves access for all users, and makes it possible for them to make use of more services. A lot of accessibility issues (such as the physical accessibility to branches and ATMs, signature mismatches due to hand tremors or strokes) are common to the disabled, the elderly and those with neurological conditions. Taken together, this constitutes a significant percentage of the customer base — so these issues should be addressed by banks for that reason alone.</p>
<p style="text-align: justify; ">This report will look at the legal imperatives that govern accessibility in banking services in India, and look at the various problems being faced by people with disabilities when trying to use banks. It will also look at sample guidelines from other countries and suggest best practices for banking institutions, as well as take a look at the various costs that could be incurred in trying to make their banks more accessible.</p>
<p style="text-align: justify; ">The scope of this report is restricted to covering only basic banking services in India, and other financial services, such as insurance and loans, have not been dealt with.</p>
<h2 style="text-align: justify; ">Legal Imperatives</h2>
<p style="text-align: justify; ">The rights of persons with disabilities have been recognised under various legal instruments, and it has been established that they are to be given the same services and privileges as other members of society.</p>
<h3 style="text-align: justify; ">Constitutional Provisions</h3>
<p style="text-align: justify; ">Part III of the Constitution of India, which deals with the fundamental rights of citizens, recognizes the principle of equality of all people. Article 14 states that the government must accord equal protection of the law to any person within the territory of India.<a href="#fn7" name="fr7">[7] </a>This recognition of the importance of non-discrimination means that the state must ensure that people with disabilities do not suffer disadvantages when it comes to accessing public services.</p>
<p style="text-align: justify; ">Article 15, which deals with prohibition of discrimination on various grounds states that no citizen is to be subject to any disability, liability or restriction with regard to access to shops, public restaurants, and other public places.<a href="#fn8" name="fr8">[8]</a></p>
<p style="text-align: justify; ">It is evident that this important constitutional protection extends to people with disabilities, and it is their right to gain equal and accessible access to all manner of services, including banking.</p>
<h3 style="text-align: justify; ">Legislation dealing with Disability</h3>
<p style="text-align: justify; ">There are several national laws that deal with the rights of people with disabilities, though not all of these laws have a direct bearing with banking.</p>
<h3 style="text-align: justify; ">The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995</h3>
<p style="text-align: justify; ">The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (“the PWD Act”) was enacted to give effect to the proclamation on the full participation and equality of people with disabilities on both central and state governments. The PWD Act has been enacted under Article 253 of the Constitution.<a href="#fn9" name="fr9">[9] </a>It has several provisions for people with disabilities, including education, employment, creation of barrier free environment, social security and similar overlooked areas. It provides for a three tier arrangement:</p>
<p style="text-align: justify; ">For evolution of policy for the benefit of persons with disabilities Implementation of the provisions of the Act and laws, policies, etc., and monitoring implementation and redressing grievances.</p>
<p style="text-align: justify; ">The implementation of the Act relies on collaboration between the appropriate governments, which includes various central ministries and departments, state and union territories, and local bodies.<a href="#fn10" name="fr10">[10]</a></p>
<p style="text-align: justify; ">Chapter VIII of the Act deals with non-discrimination, and one of the measures it recommends is making buildings accessible by simple measures such as curb cuts and slopes in the pavements for wheelchair users.</p>
<p style="text-align: justify; ">There are several problems with the enactment.<a href="#fn11" name="fr11">[11]</a> The terms "accessibility" and "disability" are not clearly defined. They are also not provided as a matter of right but are based on the economic capacity of the service provider. It also fails to consider the access to services and information. However, public banks need to be conscious, since they will usually be considered to have sufficient economic capacity, and might be bound to deliver their services to people with disabilities. This has often become an issue in other jurisdictions as well. In 2009, the Royal Bank of Scotland, for example, was forced to pay extensive damages to a disabled student who was unable to access the bank due to a lack of wheelchair lifts.<a href="#fn12" name="fr12">[12]</a></p>
<h3 style="text-align: justify; ">The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999</h3>
<p style="text-align: justify; ">The trust is intended to give complete care to people with mental retardation and cerebral palsy, and also manage the properties bequeathed to the trust. The trust supports programmes that promotes independence and address the concerns of these special persons, especially the ones who do not have family support. The trust is also empowered to receive grants, donations, benefactions, requests and transfers.<a href="#fn13" name="fr13">[13]</a></p>
<h3 style="text-align: justify; ">The Mental Health Act, 1987</h3>
<p style="text-align: justify; "><b> </b>The Act consolidates and amends the law relating to the treatment and care of mentally ill persons, in order to make better provisions with respect to their property and affairs, and other incidental matters.<a href="#fn14" name="fr14">[14]</a></p>
<h3 style="text-align: justify; ">The Rehabilitation Council of India Act, 1992</h3>
<p style="text-align: justify; "><b> </b>The Act was created to provide for the constitution of the Rehabilitation Council of India for regulating training of the rehabilitation professionals and maintaining of a central rehabilitation register. It also regulates the recognized rehabilitation qualifications, and prescribes minimum standards of education.<a href="#fn15" name="fr15">[15]</a></p>
<h3 style="text-align: justify; ">RBI Notifications</h3>
<p style="text-align: justify; ">The most important resource when it comes to banking guidelines is the RBI, which comes out with regular notifications. The RBI has been conferred wide powers under the Banking Regulation Act, 1949 (BRA),<a href="#fn16" name="fr16">[16]</a> under which it can supervise and control the various banking companies, and they are bound to follow its directions. Section 35A of the Act specifies that in public interest or in the interest of banking policy, the RBI can issue such directions as it deems fit, and the banking companies or the banking company, as the case may be, shall be bound to comply with such directions.<a href="#fn17" name="fr17">[17]</a></p>
<p style="text-align: justify; ">RBI has released several notifications dealing with the rights of the disabled.</p>
<h3 style="text-align: justify; ">Circular on grant of banking facilities to the visually challenged</h3>
<p style="text-align: justify; "><b> </b>In its Circular DBOD. No. Leg BC. 91 /09.07.005/2007-08 dated June 4, 2008,<a href="#fn18" name="fr18">[18]</a> the RBI mandated that banking facilities (including cheque book facility, operation of ATM, locker, etc.) cannot be denied to the visually challenged as they are legally competent to contract.</p>
<p style="text-align: justify; ">In the notification, the RBI recalled the order of the Chief Commissioner for Persons with Disabilities, which had earlier been passed by the Indian Banks’ Association (“IBA”) to its member banks. The Order instructed that banks should offer all the banking facilities including cheque book facility, ATM facility and locker facility to the visually challenged and also assist them in withdrawal of cash. This order has reiterated that there can be no denial of services just because there is an apprehension of risk in operating or using the facility; it said that a similar security threat exists for all members of the population.</p>
<p style="text-align: justify; ">As per the RBI notification, the banks are therefore bound to:<br />Ensure that all the banking facilities such as cheque books are offered to the visually impaired without any discrimination. These facilities should include third party cheques, ATM, net banking, locker, retail loan and credit card facilities.</p>
<p style="text-align: justify; ">Advise their branches to render all possible assistance to the visually impaired for availing the various banking facilities.</p>
<h3 style="text-align: justify; ">Circular on making ATMs accessible</h3>
<p style="text-align: justify; "><b> </b>The RBI had been receiving several suggestions to make branches and ATMs easily accessible to people with disabilities by providing ramps so that wheel chair users can access them and the height of the machine is also appropriate for them. It had also been receiving suggestions for installing speaking software and key pads with letters in Braille to facilitate use by persons with visual impairment. After considering these suggestions, the RBI passed a notification, directing the banks to implement such measures.</p>
<p style="text-align: justify; ">As per its Circular DBOD. No. Leg BC. 91 /09.07.005/2007-08 dated June 4, 2008, RBI has directed all banks to provide:</p>
<ul>
<li style="text-align: justify; ">Ramps to ATMs: Banks have to take necessary steps to provide all existing ATMs or future ATMs with ramps so that wheelchair users or persons with disabilities can easily access them and also make arrangements in such a way that the height of the ATM does not create an impediment in its use by a wheelchair user.</li>
<li style="text-align: justify; ">Ramps at bank entrances: Banks may also take appropriate steps including providing ramps at the entrance of the bank branches so that the persons with disabilities or wheelchair users can enter the bank branches and conduct business without much difficulty.</li>
<li style="text-align: justify; ">Accessible ATMs: Banks should make at least one third of new ATMs installed as talking ATMs with Braille keypads and place them strategically <span>in consultation with other banks</span> to ensure that at least one talking ATM with Braille keypad is generally available in each locality for catering to needs of visually impaired persons.</li>
<li style="text-align: justify; ">Information about the ATMs: Banks should also bring the locations of such talking ATMs to the notice of their disabled customers.</li>
</ul>
<h3 style="text-align: justify; ">Circular on implementation of the guidelines</h3>
<p style="text-align: justify; "><b> </b>These guidelines were strongly reiterated as recently as September 5, 2012, where the RBI by its notification numbered DBOD.No. Leg.BC. 38/09.07.005/2012-13<a href="#fn20" name="fr20">[20] </a>highlighted the abovementioned circulars. It said that it had been brought to their notice by the Office of the Chief Commissioner for Persons with Disabilities that visually challenged persons are facing problems in availing banking facilities like internet banking.</p>
<p style="text-align: justify; ">Banks were advised under this notification to strictly adhere to instructions contained in the above circulars and extend all banking facilities to persons with blindness, low-vision and other disabilities.</p>
<h3 style="text-align: justify; ">Circular on guardianship certificates</h3>
<p style="text-align: justify; "><b> </b>The RBI, by its Master Circular DBOD.No.Leg.BC.9/ 09.07.006/ 2009-10<a href="#fn21" name="fr21">[21]</a>dated July 1, 2009 on Customer Service, directed banks to accept guardianship certificates issued by local level committees set up under the National Trust Act, enabling persons with disabilities like autism and cerebral palsy to open and operate accounts. Banks were advised to rely on the guardianship certificate issued either by the district court under the Mental Health Act or by the local level committees under the National Trust Act for the purposes of opening and operating bank accounts<a href="#fn22" name="fr22">[22]</a> by the legal guardians for people with disabilities that is covered under the Act. Banks were also advised to ensure that their branches give proper guidance so that the parents or relatives of the person with disability/ies do not face any difficulties in this regard. It has also directed that information about the opening of such bank accounts be displayed conspicuously, in both English as well as the regional language, in its circular RBI /2009-10/142.<a href="#fn23" name="fr23">[23]</a><i> This notification was in response to a Delhi High Court decision that directed banks to put up such information</i>.</p>
<p style="text-align: justify; ">Banks are therefore directed to:</p>
<ul>
<li style="text-align: justify; ">Accept guardianship certificates: Banks can accept certificates issued by local level committees set up under the National Trust Act or district court under the Mental Health Act, so that persons with disabilities like autism and cerebral palsy can open and operate accounts.</li>
<li style="text-align: justify; ">Provide assistance: Banks should ensure that their branches give proper guidance so that the parents or relatives of the person with disability/ies do not face any difficulties.</li>
<li style="text-align: justify; ">Display information: Banks should ensure that information about the opening of such bank accounts be displayed conspicuously, in both English as well as the regional language.</li>
</ul>
<h3 style="text-align: justify; ">National Policy on Disability</h3>
<p style="text-align: justify; "><b> </b>The National Policy for Persons with Disabilities, which was published in 2006, recognizes the extent of problems faced by the disabled in India. The report also discusses the number of citizens who are affected by disability: “According to the Census 2001, there are 2.19 crore persons with disabilities in India who constitute 2.13 per cent of the total population. This includes persons with visual, hearing, speech, locomotor and mental disabilities. Seventy five per cent of persons with disabilities live in rural areas, 49 per cent of disabled population is literate and only 34 per cent are employed. The earlier emphasis on medical rehabilitation has now been replaced by an emphasis on social rehabilitation. There has been an increasing recognition of the abilities of persons with disabilities and emphasis on mainstreaming them in the society based on their capabilities.”<a href="#fn24" name="fr24">[24] </a>The policy endorses accessibility and says that a barrier-free environment enables people with disabilities to move about safely and freely, and use the facilities within the built environment. In the principle areas of intervention identified by the policy, it ensures that banking services are made barrier free and accessible.<a href="#fn25" name="fr25">[25] </a></p>
<p style="text-align: justify; ">The National Policy is intended to inform the disability plan to be incorporated in the 11th Five Year plan,<a href="#fn26" name="fr26">[26] </a>which will have a timeline and funds for programmes which can be allotted through the Finance Commission.</p>
<h2 style="text-align: justify; ">Explaining Disabilities</h2>
<p style="text-align: justify; ">There are many problems faced by people with disabilities when they consider banking and financial services. From the very beginning, banks are a complicated route to charter for people with disabilities. Banks often resort to complex schemes and pricing systems, which can be difficult to understand for people with cognitive disabilities.<a href="#fn27" name="fr27">[27] </a>Finding bank branches and ATMs in their neighbourhood which are disabled-friendly and can be accessible to them is another difficulty, especially in a place like India where finding information is often a problem. There might be problems with physical accessibility — lack of ramp which makes it impossible for a wheelchair-bound person to use a bank or uncomfortable height of an ATM which makes it unwieldy for a wheelchair-bound person to access it — which can extend to the virtual realm as well: if a bank’s website is not complying with the standards for web-accessibility (discussed below) and is difficult to use by people with disabilities, they will be unable to take recourse to internet banking, as well.</p>
<p style="text-align: justify; ">In many countries such as Australia<a href="#fn28" name="fr28">[28]</a> there is great reliance on phone banking, which can be especially helpful to blind customers, or on audio-based telephone devices, which can be used by deaf-blind or the deaf customers. However, neither technology is at present available in India; text-based alternatives or spoken prompts (TTY based telephone banking) are not used by any banks. It is therefore essential that if a customer is using the interactive voice response (“IVR”) system of a bank and speaking to a bank representative on the phone to get a transaction done that the communication be clear, precise and easy to follow — as anyone who has attempted phone banking in India would testify, that is certainly not the case.</p>
<p style="text-align: justify; ">Let us take a look at some specific disabilities and what banks can do to ensure accessibility to their customers:</p>
<h3 style="text-align: justify; ">Problems faced by the hearing impaired while banking</h3>
<p style="text-align: justify; "><b> </b>When a person who cannot hear goes to a bank, the first problem they face is the fact that unless they are proficient at lip reading, they will find it difficult to communicate with the bank officials or tellers even when undertaking simple tasks like withdrawing money or depositing cheques. An important point to remember is that most hearing impaired people are more familiar with sign language than with English, and so can get confused by the complicated language used by the banks in their brochures and information booklets. If a deaf customer is communicating with the bank official by writing out instructions, it could take a longer time than other customers and they might face problems with other customers.</p>
<p style="text-align: justify; ">Another problem that might occur is that error messages or other audio cues might not be picked up by customers who are using multimedia based banking services or ATM machines.<a href="#fn29" name="fr29">[29]</a> This problem is exacerbated when using customer care services for banks, which are usually available only on the phone. With a lack of technological options for the hearing impaired, they are unable to access the IVR systems, or interact with customer care executives, which make it difficult for them to avail of all banking service facilities.</p>
<p style="text-align: justify; ">What can banks do?</p>
<ul>
<li>Training: Ensure that the bank staff is sensitised to the needs of the disabled and deaf customers, and know of a sign language translator who can be called if a customer requires it.</li>
<li style="text-align: justify; ">Ease of understanding: Make the instructions — both in the physical banks as well as in ATMs and websites — simple and precise, so they are easily understood. This will help all customers, not just those with disabilities.</li>
<li style="text-align: justify; ">Technical solutions: One solution available in some countries is using a phone-to-text machine or software that enables hearing impaired customers to use the phone banking and customer care services of a bank. For example, the Royal Bank of Scotland users can use a Typetalk or BT Textdirect service which will enable them to speak to an operator and so convey their messages.<a href="#fn30" name="fr30">[30]</a> If a bank feels that sufficient customers will benefit from such a technology, it should invest in it.</li>
<li style="text-align: justify; ">Sign language interpretation: A more low-tech solution is to offer interpretative services, where customers who need it can be assisted by someone who is proficient in sign language to help relay their point across to the bank.</li>
</ul>
<h3 style="text-align: justify; ">Problems faced by the visually impaired while banking</h3>
<p style="text-align: justify; ">Visually impaired customers can find it difficult to navigate and even reach their banks, if the path is not clear and if the building is not provided with enough ramps and clear entrances. Even understanding the terms and conditions of banks and their services are difficult to comprehend, because the language used to describe services and procedures is confusing and complicated. Often, a booklet with the terms and conditions is simply handed over with no concern for how the person is supposed to read them. Visually impaired people might also face problems in distinguishing details on cheques and other financial instruments which, unlike currency, do not have physically distinguishable marks on them.</p>
<p style="text-align: justify; ">Visually impaired customers often face a lot of problems while using ATMs, because the keys are not marked with recognisable lettering in Braille. Even when there is a token raised symbol on the middle key or Braille markings on the keypad for tactile recognition, there is still the problem that what is being displayed on the touchscreen, as well as the instructions on how to proceed with a transaction, are not capable of being communicated. Most ATMs in India are not equipped with an audio jack, and so can’t be used by blind customers who want to connect headphones and hear the display on the screen.</p>
<p style="text-align: justify; ">There is also the problem of signature mismatches, especially when it comes to opening accounts and signing cheques. Currently the bank’s solution is to not have the person with disability/ies sign the cheque, which is not a solution that works consistently, especially when a person with disabilities is running a company. There should be a separate process in place to facilitate issuance of cheques by the visually impaired.<a href="#fn31" name="fr31">[31]</a></p>
<p style="text-align: justify; ">The first and most obvious problem with the visually impaired using net banking and other services on the internet is that they won’t be able to see the screen. Similarly, when they attempt to use the ATM machines, the screen cannot be read and the keyboard functions are often unclear. The problem is often accentuated for people with low vision, because the improper lighting, low contrast print and other glares make it difficult to make out what the screen says.<a href="#fn32" name="fr32">[32]</a> Some sites have a security requirement where users have to input CAPTCHA (Completely Automated Public Turing test to tell Computers and Humans Apart) codes in order to validate their payment or to register for a particular service; using such security codes can be particularly problematic for blind customers.<a href="#fn33" name="fr33">[33]</a> Banks websites might have pop ups or automatic music playing, which makes it difficult for the visually impaired to use their screen readers. Another problem arises in the mobile applications (“apps”) that are used by various banks; the format is not supported by screen readers on smartphones, and so customers with disabilities can’t use the facility made available to others.</p>
<p style="text-align: justify; ">What can banks do?</p>
<ul>
<li style="text-align: justify; ">Training: Sensitise the staff to the needs of blind customers, and ensure that there is a customer care executive who is present when a visually impaired customer needs assistance with a particular service.</li>
<li style="text-align: justify; ">Accessible formats: Printing out bank documents or statements in large size fonts, Braille or in audio script format if required is the first thing that banks can do to assist their visually impaired customers. Banks can also try to migrate towards accessible e-text or DAISY formats for their disabled customers.</li>
<li style="text-align: justify; ">Banking Guide: Coming out with a bank note guide to help identify the different bank notes and counterfeits, if any, is also important for visually impaired people who rely on their sense of touch. Similarly, an accessible format guide that takes you through the various steps that are involved in withdrawing cash or using an ATM would greatly assist blind customers who are using a new format or type of bank machine for the first time. At the same time, increasing the screen size and resolution of ATM screens would go a long way in improving access to the customers.</li>
<li style="text-align: justify; ">Templates: Banks can also be encouraged to come out with cheque book templates, so that blind users can familiarise themselves with using such bank documents and the process of writing cheques becomes easier for them.<a href="#fn34" name="fr34">[34] </a>Banks should also develop a better solution to the problem of visually impaired customer’s inability to sign cheques.</li>
<li style="text-align: justify; ">Open format statements: Banks should also ensure that when they provide customers with statements, they are made available in open formats, such as HTML or RTF, so that they can easily be read by screen readers. </li>
<li style="text-align: justify; ">Technical solutions: There are some alternatives to the CAPTCHA codes available, such as audio codes or maths questions. Some sites have the option of hearing the codes, instead of just seeing them. There are also human aided accessible CAPTCHA services (such as Solona), where the customer can send a screenshot of the screen to an aide. However, this has several security and privacy implications, and so is not an ideal solution. Multimedia on the websites of banks should be made optional, with a clear possibility of turning the music or animation off, so that users can use the screen reader without any problems. </li>
<li style="text-align: justify; ">Mobile apps: Banks should work with their technology partners to ensure that their mobile apps are accessible on all devices and can be used by customers using assistive technology. </li>
<li style="text-align: justify; ">Improved ATMs: Several banks around the world are switching to ATMs which give output in multiple formats, such as audio and large-font print,<a href="#fn35" name="fr35">[35]</a> making them more user friendly. There are several guidelines in effect in various jurisdictions which describe better design for ATMs, which takes into account the physical needs of disabled customers; newer ATMs which are set up should be asked to conform to such standards. While this is slowly starting to take place, more banks need to expand and improve their building structures keeping such guidelines and needs in mind. This has been discussed in the next section on ATM Guidelines. </li>
<li style="text-align: justify; ">Sensitisation: Special care should be taken to explain terms and conditions to visually impaired persons — there should be an effort to ensure that the person who is opening an account has understood the various terms and conditions and not just heard them.</li>
</ul>
<h3 style="text-align: justify; ">Problems faced by those with physical disabilities while banking</h3>
<p style="text-align: justify; "><b> </b>In India, a major problem is the physical accessibility of banks, with hardly any buildings being equipped with ramps and elevators; even if the bank itself is made accessible via these architectural modifications, the area surrounding the bank, for example, the market place, might be difficult to reach for people in wheelchairs, ultimately making it very difficult for them to use banks.</p>
<p style="text-align: justify; ">People with physical disabilities might find controlling their limbs for prolonged periods to be a problem, and so would find it difficult to use not just the physical banking services, but also internet services which necessitate controlling a mouse for a long period of time.</p>
<p style="text-align: justify; ">What can banks do?</p>
<ul>
<li style="text-align: justify; ">Build ramps: The most important step that needs to be taken by different banking institutions is ensuring that their ATMs and branches are accessible through a ramp, so that it is physically possible to reach from the road or other public area.</li>
<li style="text-align: justify; ">Elevators: Where possible, elevators should also be provided.</li>
<li style="text-align: justify; ">Special measures: Within the bank, there should be special provisions for people in wheelchairs or crutches, such as a designated queue and teller, so that they do not have to wait in queue for a long period of time.</li>
</ul>
<h3 style="text-align: justify; ">Problems faced by those with cognitive disabilities while banking</h3>
<p style="text-align: justify; "><b> </b>People with cognitive disabilities might have lower attention spans and might have problems with understanding complicated bank procedures and requirements. If the steps involved in using an ATM or other physical transactions are not logical and simple, people with cognitive disabilities will be unable to handle them. As a lot of Indian banks are rather chaotic and the transactions lack a certain consistency, people with cognitive disabilities could face a lot of problems adjusting. People who have cognitive disabilities might also be relying on their guardians or parents to assist in operating their bank accounts, and legal and bureaucratic hurdles to doing so can be a big hassle.</p>
<p style="text-align: justify; ">The front staff at banks are often improperly trained and do not have a holistic understanding of how to deal with people with disabilities. It has also been observed that while banks can be helpful while opening accounts, they are not open-minded about granting loans to people with disabilities.<a href="#fn36" name="fr36">[36]</a></p>
<p style="text-align: justify; ">Customers who are autistic have hand function issues which can cause their signatures not to match the ones on record, which again causes problems when it comes to opening accounts or signing cheques which ultimately bounce.</p>
<p style="text-align: justify; ">What can banks do?</p>
<ul>
<li style="text-align: justify; ">Sensitisation: Sensitise the staff to the special needs of customers with cognitive disabilities.</li>
<li style="text-align: justify; ">Display of information: Information for guardians of such customers, on the requirements for opening bank accounts, should be prominently displayed in the branches of the bank (Refer to Section 4.3.4).</li>
<li style="text-align: justify; ">Uniformity in procedures: Banks should make uniform guidelines or procedures to be followed for each transaction, so that there is a certainty and regularity that eases the way for people with cognitive disabilities.</li>
<li style="text-align: justify; ">Clear language: Banks should also ensure that they use extremely simple and clear language in all their transactions as well as literature in order to mitigate confusion.<a href="#fn37" name="fr37">[37]</a> </li>
<li style="text-align: justify; ">Identity establishment: There need to be rules put in place to allow those who are unable to sign properly to establish identity in some other manner.</li>
</ul>
<h2 style="text-align: justify; ">Guidelines on Banking Services and Technology</h2>
<p style="text-align: justify; ">The previous section has looked at some of the problems being faced by people with disabilities when they access banking services in India. This section will look at some guidelines and best practices which are aimed at increasing the accessibility of services.</p>
<h3 style="text-align: justify; ">Mobile banking</h3>
<p>There is the possibility of accessing a variety of financial services through mobile devices, which are termed as mobile banking or “m-banking”. This accessibility means that a lot of people with disabilities who live in rural areas, who have earlier not been able to access banks, can now do so using their mobile phones. Mobile banking also makes it much easier for customers with bank accounts to access their details and do transactions — for people with disabilities, this is a big step forward, as it means they do not have to endure the hassle and inconvenience of going to a bank, where they may not find the assistance that they need.</p>
<p>Currently, mobile banking is not that prevalent in India; less than one per cent of current bank customers are covered under the mobile banking services.<a href="#fn38" name="fr38">[38]</a></p>
<p style="text-align: justify; ">However, the growth in mobile banking transactions has shown an increasing trend. For example, in the month of June 2012, 3.43 million transactions amounting to Rs. 3067.10 million were processed, as compared to 1.41 million transactions amounting to Rs. 984.66 million processed in June 2011 — an increase of about 143 per cent in volume and approximately 211 per cent in value terms.<a href="#fn39" name="fr39">[39]</a></p>
<p style="text-align: justify; ">The Reserve Bank of India has passed some operating guidelines for mobile banking transactions.<a href="#fn40" name="fr40">[40]</a> These guidelines specify the technology and security standards, as well as the requirements for interoperability between operators, transaction limits and procedure for grievance redressal. They also tackle customer protection issues.</p>
<p style="text-align: justify; ">Banks should leverage the flexibility and utility of mobile banking in increasing access to their customers who have disabilities, as it would mean lesser expenses for both the banks as well as the customers.</p>
<h3 style="text-align: justify; ">Internet banking</h3>
<p style="text-align: justify; ">Internet banking is increasingly popular with customers, due to its convenience and ease of use; it removes the necessity of physically going to a bank. Since physical banks are often difficult for people with disabilities to navigate, internet banking could provide the best solution (though there are several problems with this medium as well, as have been described in the previous chapter). However, banks can make their websites more accessible and follow the prescribed guidelines to ensure a better banking experience not just for their disabled customers, but for all customers.</p>
<p style="text-align: justify; ">The biggest obstacle that comes with developing net banking options which are accessible to all is the wide diversity in the people who are trying to access the banks’ websites, and it is here that universal design comes into play. “The goal of universal design is to have each web page accessible by all people, instead of providing separate web pages for people with disabilities. This requires, for example, for people who are blind, textual equivalents for all images, and reading order and structure compatible with screen reading; for people who are deaf, visual equivalents such as captions for all audio information; and for people with motor disabilities, means to navigate the page without fine motor control.”<a href="#fn41" name="fr41">[41]</a></p>
<p style="text-align: justify; ">There are a set of standards in place for website accessibility. The Web Content Accessibility Guidelines (“WCAG”) 2.0 specify the manner in which the material on any website is to be perceivable, operable, understandable and robust.<a href="#fn42" name="fr42">[42]</a> Under these four stated principles of web content accessibility, twelve guidelines have been given, which give the web content developers a framework and set of objectives to understand the needs of the disabled. There are also levels of conformance that are defined for each guideline, and a list of sufficient and advisory techniques has also been given.<a href="#fn43" name="fr43">[43]</a></p>
<p style="text-align: justify; ">The WCAG 2.0 Guidelines includes some basic steps, such as including text alternatives for all non-text objects, including descriptors or captioning for images, audio and animated sequences, and following a style sheet wherever possible, in order to maintain a consistent design. The guidelines deal with visibility and display (using contrasting colours for background and text; using relative sizing so that the text can be increased to upto 200 per cent), functionality (providing skip links such as “Back to Top”; ensuring that animation can be paused or switched off; ensuring keyboard as well as mouse functionality), and formatting (ensuring the text is not justified; setting the language attribute of each page; providing clear navigation mechanisms; ensuring that all mark up is validated and coded correctly), amongst others.<a href="#fn44" name="fr44">[44]</a></p>
<p style="text-align: justify; ">The National Informatics Centre (NIC) has developed some guidelines for government websites, which contain best practices for accessibility in website design; these guidelines were released in 2009, and are mandated for governmental websites. The guidelines are classified into three categories: mandatory, advisory and voluntary; a compliance matrix has been provided for various departments and organisations to assess their compliance with the guidelines.<a href="#fn45" name="fr45">[45]</a> It is crucial that banks comply with these guidelines to ensure that a certain basic minimum standard at web accessibility is met for the banking customers across all websites.</p>
<p style="text-align: justify; ">Another dimension which is unique to India is that of regional language; for banking customers who are not comfortable with English, it is recommended that bank websites be provided in major regional languages as well. The best way to display regional fonts is to use Unicode (UTF-8). Banks should ensure that Unicode is used to display the fonts, as otherwise the fonts can become garbled and a person using a screen reader will not be able to access the written material at all.</p>
<p style="text-align: justify; ">A critical guideline to be followed is that visual information should also be coupled with audio information, and that frequency and volume of the audible cues should be capable of being configured and controlled by the user.<a href="#fn46" name="fr46">[46]</a></p>
<h3 style="text-align: justify; ">Automated Teller Machines (ATMs)</h3>
<p style="text-align: justify; ">The number of ATMs and their penetration in India is very low: 63 ATMs and 497 points of sale per million population,<a href="#fn47" name="fr47">[47]</a> and a number of regulatory and commercial requirements have led to their relative low (though increasing) use in India. RBI has recently passed guidelines on operating White Label ATMs<a href="#fn48" name="fr48">[48] </a>which effectively open up most of the acquiring part of the process to non-bank independent players.<a href="#fn49" name="fr49">[49] </a>This should ensure that there is a greater increase in the number and penetration of ATMs in India, which will be beneficial for people with disabilities only if the ATM-makers ensure that minimum guidelines for the disabled are met with.</p>
<p style="text-align: justify; ">Currently there are no guidelines in India on how to construct ATMs in accordance with the needs of people with disabilities. However, banks can take guidelines from other jurisdictions as their guide and look at how other countries have handled the issue of making ATMs more accessible. It is hoped that this lacuna in the policy will be filled soon.</p>
<p style="text-align: justify; ">The American Department of Justice recently notified a final ruling on the standards of accessibility relating to ATMs under the Americans with Disability Act (“ADA”). Such standards range from requirements that signs be in Braille, a voice guidance system, and input controls for blind users.<a href="#fn50" name="fr50">[50]</a> These standards took effect in March 2011, and had a March 2012 compliance date. All ATM owners are to comply with these guidelines when constructing or altering ATMs.</p>
<p style="text-align: justify; ">Some salient features of these guidelines are:</p>
<ul>
<li style="text-align: justify; ">Height and reach: It is mandated that the ATM’s reach should be between 15 and 48 inches. Further, the graphic area where the touch commands are input needs to be lowered to the desired height. </li>
<li style="text-align: justify; ">The input device should be tactile, and so the surface of the keys should be different from the base and this should be apparent by touch. The keypad should also be arranged in a standard 12-key ascending or descending layout, as seen in telephones or computers. </li>
<li style="text-align: justify; ">ATMs must be equipped with both voice guidance systems as well as Braille language signage. This would mean adding a headphone jack to the machine, so the audio is heard only by the user and thus ensuring his privacy. </li>
<li style="text-align: justify; ">The display in the ATM needs to be clear; from an observation point 40 inches above the floor in front of the machine, the letters should appear in a sans serif font, with a minimum height of 3/16 inches, in a colour contrasting to the background. </li>
<li style="text-align: justify; ">There is also a requirement of equal services, which means that all services offered at any location through a bank’s ATM must also be provided by an “accessible” ATM in the same location. For this purpose, each installation is to be considered as a separate location.</li>
</ul>
<p style="text-align: justify; ">The Indian Banks’ Association (IBA) has issued a Standards document on Accessible ATMs for customers with disabilities, and has also released a work flow document to be followed by various banks. The IBA Standards documents states that:</p>
<blockquote class="quoted" style="text-align: justify; ">“The fundamental principle of an Accessible ATM for development, testing and implementation purposes is to ensure a machine which enable the user to complete all transactions successfully with a blank screen simply through voice guidance for totally blind users, permit independent use through clear screen data for low vision / partially sighted users and effective physical access for wheel chair users.”</blockquote>
<p style="text-align: justify; ">The document specifies different accessibility measures to be taken for each level of accessibility (for example: completely blind users and users with partial sight), with details about the size and measurement of various features that need to be incorporated. It also includes a workflow to be incorporated into the Speaking ATMs for the effective use by people with disabilities.</p>
<h3 style="text-align: justify; ">Currency</h3>
<p style="text-align: justify; ">For currency to be most effective as a means of payment, all users should have barrier-free access. The ability to conduct financial transactions using bank notes is crucial to independent living.<a href="#fn52" name="fr52">[52] </a>Yet this can pose significant challenges for individuals who are blind or partially sighted.</p>
<p style="text-align: justify; ">Physical currency (both notes and coins) are confusing and often cannot be distinguished from each other by merely feeling them. There is a great similarity between the hundred, five hundred and thousand rupee notes, as well as in the coins which are now completely confusing. Notes should also be discernible to the colour blind, which in their current form is not always possible. Various representations have been made to the Government of India on this regard and the change required is only a small one, though no changes have so far been forthcoming.</p>
<p style="text-align: justify; ">India can learn from the example of other countries which have experimented in the past with introducing currency which is friendlier to people with disabilities. Whether it is the printing of differently coloured notes, or the development of “raised-texture tactile features,”<a href="#fn53" name="fr53">[53]</a> there are several alterations that can be made to the currency. In India, the bank notes come with raised texture shapes to help the visually impaired to identify the different notes, and also come in different colours, though further improvements can be made. This problem is exacerbated in the coins — earlier, there was a differentiation in shape between them, but the newly minted coins of denominations Rs. 1, Rs. 2 and Rs. 5 are all very similar, and differentiating between them is a big problem.</p>
<p style="text-align: justify; ">In countries such as Canada, development of bank notes is based on a “continuous process that relies on scientific and empirical research, together with direct feedback from bank note user groups and experts. The bank consults Canadians living with blindness and low vision, as well as their representative organizations and vision experts, to identify the needs of this community and to explore potential solutions.”<a href="#fn54" name="fr54">[54] </a>It is this sort of consultative process that needs to be incorporated in India as well.</p>
<h3 style="text-align: justify; ">Telephone Banking</h3>
<p style="text-align: justify; ">Telephone banking is in its nascence in India and not all banks provide it. Furthermore, there are no guidelines in place to govern how telephone banking would take place. For people with disabilities, telephone banking could be very useful, if the proper tools are made available to them. Banks can look at the draft guidelines of other countries (refer to section 8 of the Report) which have provisions for phone banking to see what kind of procedure they should follow.</p>
<h2 style="text-align: justify; ">Converting to Accessibility in India</h2>
<p style="text-align: justify; ">Making banking accessible is not just in the commercial interest of the bank but is also in line with its commitments under various legislation and international conventions. In India, this has even been acknowledged by the RBI, which has issued a notification<a href="#fn55" name="fr55">[55]</a> suggesting that at least one-third of the new ATMs of all banks must be accessible.<a href="#fn56" name="fr56">[56]</a> Dinesh Kaushal has studied<a href="#fn57" name="fr57">[57]</a> some examples, such as the Punjab National Bank, which has set up some talking ATMs in Jaipur, or the State Bank of India which in 2010 announced plans of installing 7000 talking ATMs, but there is no news on the status of this goal. Currently the bare minimum target set by RBI is also not being met.</p>
<p style="text-align: justify; ">Subsequent to the RBI notifications, some positive developments have started taking place. The Union Bank of India has indicated that it will deploy over 100 Voice Guided ATMs — which not only allows access to visually impaired people but also people with physical disabilities through ramps for wheel chair access.<a href="#fn58" name="fr58">[58]</a></p>
<p style="text-align: justify; ">Half of these ATMs are to be put up in the banks, and the other half in passport offices. The ‘Talking ATM’ is designed as per Access for All (AFA) standards and comprise of accessible key pads, voice-guidance technology, Braille stickers and multi-lingual capability. When a visually challenged person attaches his headphone set to this ATM, he can hear the instruction which enables him to fill-in the required data using the numeric keypad. Apart from reading aloud screen messages, the machine provides complete orientation making it easy for the customer to use the machine. An important security feature of this ATM is that it provides the person an option to blank out the screen as a safety mechanism to avoid shoulder surfing by any bystander trying to access customer data during the transaction.<a href="#fn59" name="fr59">[59]</a> The bank recently completed setting up the 100th such ATM in the building of the National Association for the Blind.</p>
<p style="text-align: justify; ">The NCR Corporation India, which has a 47.5 per cent share in the country’s ATM business, has stated that it will install 50 ‘talking’ ATMs in various passport offices.<a href="#fn60" name="fr60">[60] </a>The company set up India’s first talking ATM in Ahmedabad for the visually impaired under the Union Bank of India initiative described above. Importantly, the managing director of the ATM company stated that while the hardware of the ATMs remains the same, the software customisations depend on the specific needs. Banks do not need to change their entire fleet of ATMs for installation of new solutions.<a href="#fn61" name="fr61">[61] </a></p>
<p style="text-align: justify; ">One concern that arises when we consider questions of accessibility is: what would be the cost of altering the present technology and infrastructure? If the cost of making banking accessible is too prohibitive, it would not be in the interests of the banks to do so.</p>
<p style="text-align: justify; ">“A talking ATM is the regular ATM with an additional module that allows a blind person to get the information in audio format. A talking ATM could be configured so that when a user plugs in a headphone in the audio jack, the ATM would start talking to the person with audio messages…Installing talking ATM technology is not very expensive. It might range anywhere between Rs. 25,000 and Rs. 50,000.”<a href="#fn62" name="fr62">[62] </a></p>
<p style="text-align: justify; ">There needs to be an evaluation of the present ATMs to see if merely upgrading the software would suffice in converting them to speaking ATMs — if this is the case, it can be done so with the help of the manufacturer at a low cost. The evaluation would also help the banks identify those machines which can be upgraded by the addition of some simple technology and hardware, while the others could be marked for eventual replacement. At the same time, the new machines that are set up by the banks should be audio-enabled; this should not be difficult as “all new ATM installations are audio enabled, as all major ATM manufacturers now produce talking ATMs including Triton, NCR, Wincor-Nixdorf, Diebold, and Fujitsu.”<a href="#fn63" name="fr63">[63] </a></p>
<p style="text-align: justify; ">Under the Americans with Disability Act, the determination of when an undue burden is placed on an establishment which has to make its services accessible is to be determined on a case by case basis, and would be considered keeping in mind factors such as the nature and cost of the upgrades, the availability of alternatives and the resources present with the financial institution in question.<a href="#fn64" name="fr64">[64] </a>Such a system should be incorporated in India as well, where the ability of the bank is considered when seeing the efforts it needs to make when converting its services to make them more accessible.</p>
<p style="text-align: justify; ">Union Bank of India’s Accessible and Talking ATM has brought in many initiatives for the first time, like the use of bilingual Indian accent text-to-speech (TTS) voices in English and Hindi, accessible infrastructure for the physically disabled and complete voice guidance support for ATM operation.<a href="#fn65" name="fr65">[65]</a> These should set the benchmark for other banks who want to improve the accessibility of their services as per the guidelines set forth by RBI.</p>
<h2 style="text-align: justify; ">Case studies and Guidelines in Other Countries</h2>
<p style="text-align: justify; ">Looking at the guidelines that are present in other countries can be helpful in determining how banks in India should go about improving their services. The following countries have specific provisions in place which regulate or instruct how banks should handle their disabled customers.</p>
<h3 style="text-align: justify; ">New Zealand</h3>
<p style="text-align: justify; ">The New Zealand Banker’s Association published a set of Voluntary Guidelines to meet the needs of older and disabled customers, which aim to improve access to banking services for such customers.<a href="#fn66" name="fr66">[66]</a> The guidelines recognise the increasing importance of older and disabled customers to banks as well as the importance of meeting their needs and demands. The guidelines direct the member banks to give training to the staff in order to better help the disabled customers, as well as to have specific procedures in place in case financial irregularities or abuse occur in bank accounts of people with disabilities. There are directions on improving physical accessibility (such as providing for low tables, ramps in ATMs, queuing aisles wide enough for wheelchairs and so on), as well as giving specific customer care help to those who need it, such as consulting the needs of the disabled when developing new services, having a provision for a reduction in fee if some customers are unable to use certain features, and having a provision for personal banking in special cases at no additional cost.</p>
<p style="text-align: justify; ">There are also specific provisions in the Guidelines for things such as ATM construction. Section 5.9 of the Guidelines specifies the factors to be kept in mind while designing ATMs: large screens, audible output, tactile differentiation in the keys, easy prompts in clear language and so on.<a href="#fn67" name="fr67">[67] </a>Section 5.10 talks about improving the accessibility of online banking and how bank websites should be designed, and recommends the use of international W3C web accessibility best practice standard, the accessibility-related New Zealand e-government web standards.<a href="#fn68" name="fr68">[68]</a> Finally, the Guidelines also talk about basics, such as clear and large font prints in their literature, and providing information in several formats (including Braille, DVD, and audio) wherever possible, to facilitate bank use by people with disabilities.<a href="#fn69" name="fr69">[69]</a></p>
<h3 style="text-align: justify; ">Australia</h3>
<p style="text-align: justify; ">The Disability Discrimination Act, 1992 (“DDA”) makes it unlawful to discriminate against a person on the grounds of a disability.<a href="#fn70" name="fr70">[70]</a> The objects of the DDA include eliminating, as far as possible, discrimination against people with disabilities and promoting recognition and acceptance within the community that people with disabilities have the same fundamental rights as the rest of the community. The law is administered by the Human Rights and Equal Opportunity Commission and sets out specific areas in which it is unlawful to discriminate. These areas include accommodation, employment, access to premises, and the provision of goods, services<a href="#fn71" name="fr71">[71]</a> and facilities. The HREOC administers the legislation, which includes complaints handling, public inquiries, policy development and education and training. The Commission has supported the development of several voluntary guidelines that determine accessibility in the sphere of banking.</p>
<p style="text-align: justify; ">The Australian Bankers’ Association (“ABA”) has worked with the community to produce voluntary Industry Standards in 2002 which aim to improve the accessibility of electronic banking. These standards cover a range of areas: ATMs, Electronic Funds Transfer at the Point of Sale, Automated Phone Banking and Internet banking.<a href="#fn72" name="fr72">[72]</a></p>
<p style="text-align: justify; ">The voluntary standards for ATMs<a href="#fn73" name="fr73">[73]</a> cover a broad range of topics, including their access and location, their operation, the method of swiping and removing the cards, the display, the keypad, the output, security and privacy for the users, and finally, installation and operating instructions. There is a checklist provided with the recommended detailed standards for each of the above areas.</p>
<p style="text-align: justify; ">Electronic Funds Transfer at Point of Sale<a href="#fn74" name="fr74">[74]</a> occurs when funds are directly transferred from a cardholder's bank account to the retailer, when the cardholder's magnetic stripe card is swiped in an EFTPOS terminal. Cardholder authentication occurs by signature or Personal Identification Number (PIN). These standards cover areas such as access and location of the EFTPOS terminals, process of swiping, inserting or removing the card, operating instructions, display, keypad and output options, amongst others. A helpful checklist has been provided for EFTPOS deployers to assess whether their machines are disabled-friendly.</p>
<p style="text-align: justify; ">The guidelines on phone banking<a href="#fn75" name="fr75">[75]</a></p>
<p style="text-align: justify; ">deal with financial services which are available to the customer via the telephone, that can be used by the customer without having to converse with an employee of the financial institution. The guidelines look at certain design principles, best practices for input and navigation, output, documentation, the role of TTY Communications and Relay Operators, and dealing with timeouts and errors. Like with the other standards, a checklist with the best practices as per the guidelines has been provided.</p>
<p style="text-align: justify; ">The standards on internet banking<a href="#fn76" name="fr76">[76]</a></p>
<p style="text-align: justify; ">looks at various aspects of financial transactions taking place on the internet, and prescribe guidelines for design and implementation (for example: compliance with the WCAG1.0 standards), feedback and testing of accessibility, compatibility, enhanced usability (in areas such as navigation, registration, login, information redundancy and so on), consistency and user support. A specification checklist is also provided, so that owners can comfortably see whether their site is compliant with the guidelines or not.</p>
<p style="text-align: justify; ">There is an action plan for the above four set of guidelines, to check their implementation and to identify problems and barriers that may arise in the future.<a href="#fn77" name="fr77">[77]</a> Though these guidelines are voluntary, it is worthwhile to consider the example of such a detailed action plan, as implementation of any sort of guidelines will only become more efficient if something like this is followed.</p>
<p style="text-align: justify; ">The Australian Banker’s Association has also come up with a set of Guiding Principles for Accessible Authentication, which recognizes that “accessibility issues need to be considered in the deployment of authentication technologies, to ensure that people with disabilities and older people are not disadvantaged… The purpose of the Guiding Principles is to provide a framework for financial institutions to help reach a workable balance between security requirements, commercial strategies and equitable access to banking products and services.”<a href="#fn78" name="fr78">[78]</a> The Principles aim to follow certain universal design principles, of equitable and flexible use, minimal effort, simple and intuitive design, amongst others. They are as follows:<a href="#fn79" name="fr79">[79]</a></p>
<ul style="text-align: justify; ">
<li style="text-align: justify; "><span>Accessibility of authentication technologies:</span> Financial institutions should ensure that authentication technologies are accessible to all customers, or where this is not possible, a human-based alternative authentication system needs to provide equivalent amenity and convenience.</li>
<li style="text-align: justify; "><span>Customer convenience:</span> All customers should be able to undertake their personal and business financial activities conveniently and safely.</li>
<li style="text-align: justify; "><span>Authentication planning:</span> Financial institutions should consider the accessibility needs of customers with disabilities and older customers as part of authentication technology planning.</li>
<li style="text-align: justify; "><span>Authentication testing</span>: Financial institutions should consult customers with disabilities and older customers as part of planning and testing accessibility of authentication technologies.</li>
<li style="text-align: justify; "><span>Registration, login and transaction procedures</span>: Financial institutions should ensure that registration; login and transaction procedures are as accessible as possible to all customers.</li>
<li style="text-align: justify; "><span>Messages and error recovery</span>: Financial institutions should ensure that online messages are unambiguous and written in “plain English” and that error recovery processes are efficient and accessible. </li>
<li style="text-align: justify; "><span>Staff and customer training</span>: Financial institutions should provide relevant customer support staff with appropriate disability awareness training so they are aware of the needs of customers with disabilities and older customers. In addition, financial institutions should provide customers with information and training in the use of available authentication technologies.</li>
<li style="text-align: justify; "><span>Raising staff, business and customer awareness:</span> Financial institutions should develop a strategy for enabling relevant management and staff awareness of these Guiding Principles. In addition, financial institutions should promote the availability of alternative accessible authentication technologies with their customers. </li>
<li style="text-align: justify; "><span>Confidentiality of customer information</span>: Financial institutions must ensure the confidentiality of information of customers with disabilities and older customers.</li>
</ul>
<h3>United States of America</h3>
<p style="text-align: justify; ">The 2010 Standards under the ADA have set out detailed requirements to make ATMs accessible, as was discussed in the previous section of the paper. These elements are considered by the Department of Justice to be Auxiliary Aids and Services (and not structural elements) and the safe harbour provision does not apply to them.<a href="#fn80" name="fr80">[80]</a></p>
<p style="text-align: justify; ">Though American ATMs have been equipped with text to speech functions and have been subject to height and space requirements for many years, the new rules provide for additional security and instructional features for disabled customers.<a href="#fn81" name="fr81">[81]</a></p>
<p style="text-align: justify; ">All the ATMs which come under the scope of the ruling will have to be speech enabled; further, there are specifications as to the height requirement (the machine should be between 15 and 48 inches in height). There is a requirement that the input area be not just touchscreen, and it should be tactilely discernible from the surrounding surface; the keypad should be arranged in a manner that is common and easy to remember. Instructions about the use of the ATMs should be given in Braille and equal services should be offered to all customers, irrespective of their disabilities.</p>
<p style="text-align: justify; ">Subsequent to the passing of the ruling, the American Bankers’ Association recommended that banks be aware of the legal requirements under the Americans with Disabilities Act; ABA advocated that banks make a careful audit of their existing machines, and compare them to the standards to which they need to conform. In case the machines need to be upgraded, the machine manufacturers would have to be contacted in order to make alterations, if necessary.</p>
<h3 style="text-align: justify; ">Canada</h3>
<p style="text-align: justify; ">Canada has issued standards for “self-service interactive devices”,<a href="#fn82" name="fr82">[82] </a>the umbrella term under which ATMs would fall, the purpose of which is to specify minimum accessibility and usability requirements for self-service interactive devices intended for public use. The standard specifies accessibility requirements for automated banking machines (ABMs) — both stand-alone and wall mounted — and ABM sites. There are specifications which give the various minimum dimensions that must be conformed to when constructing such self-service interactive devices. However, the standards do not look at the technological aspect, specifically excluding it from their purview and giving that responsibility to the relevant authority.<a href="#fn83" name="fr83">[83]</a> It is interesting to note that the steering committee that ultimately led to the adoption of the standards was pulled together by the Canadian Banker’s Association, and the committee included representatives from the major Canadian banks.<a href="#fn84" name="fr84">[84]</a> The committee recommended that there be a mandatory requirement for audible instructions and the provision for attaching headphones to an automated banking machine; it would be the duty of the financial institution to provide the headsets to the disabled customers, along with a list of machines where they could be used. The committee also looked into the issue of the cost of making the machines and other areas more accessible, and though they were waiting for more conclusive research, they were hesitant about the prohibitive cost of major redesigns.<a href="#fn85" name="fr85">[85]</a></p>
<h3 style="text-align: justify; ">Netherlands</h3>
<p style="text-align: justify; ">In 2007, the Dutch National Forum on the Payment System produced a document in English on "Guidelines for user-friendly payment terminals". These guidelines include advice on making payment terminals accessible and easy to use for people with disabilities and older people.<a href="#fn86" name="fr86">[86]</a> The guidelines describe certain standardised elements of the PIN payment procedure, the user interface and advocates practical values for the same.<a href="#fn87" name="fr87">[87]</a> The document then goes on to specify important design principles which must be kept in mind while considering the accessibility of payment gateways and banks; the guideline is designed in such a way that if the design principles are to be kept in mind, the subsequent ergonomic principles which have been described will be easy to meet.<a href="#fn88" name="fr88">[88]</a></p>
<h2 style="text-align: justify; ">Suggestions and Recommendations</h2>
<p>The report illustrates that though banks are mandated to ensure that there is accessibility in banking services in India, there is still a lot that needs to be done. There are several measures that can be taken up by banks, which will not be costly and which will be especially rewarding for customers with disabilities:</p>
<ul>
<li style="text-align: justify; ">Compliance with RBI Guidelines: Banks should ensure a basic minimum compliance with the guidelines set forth by RBI for increasing access to banking services as described in Section 4.3 of the Report. </li>
<li style="text-align: justify; ">Compliance with International norms: Banks also need to ensure a basic minimum compliance with international norms, such as the WCAG 2.0 standards for websites, so that people with disabilities can access the bank websites with ease.</li>
<li style="text-align: justify; ">Physical Accessibility: Banks need to ensure that as far as possible, there is at least physical accessibility to their branches — which would include building ramps, having wider lifts, and so on. Branches should, even if they cannot be located on the ground floor, at least make reasonable accommodations for the disabled, such as having a person who can assist them up to the branch or come down to meet them. Branches should be organised in an easily navigable manner and there should always be a plan for assistance in place — interpreters, special staff to assist with filling out of forms, physical assistance, and easily available information in the form of maps, diagrams, bold text explanations, etc. Banks should also focus more on creating avenues for disabled customers to use their services. This would include building usable and user-friendly voice systems, which is currently needed.<a href="#fn89" name="fr89">[89]</a> </li>
<li style="text-align: justify; ">Technical Solutions: Today there are many technological solutions to overcome some of the barriers faced by the visually challenged in the area of banking. Finger print identification technology<a href="#fn90" name="fr90">[90]</a> can be effectively explored to allow the use of thumb impressions while operating bank accounts.<a href="#fn91" name="fr91">[91]</a> For example, the XRCVC is in the process of developing a 'thumb print recognition software named as "e-Signs" with the help of CMC Ltd. (a TATA Enterprise) which can be applied across the banking system in partnership with the RBI to process cheques.<a href="#fn92" name="fr92">[92]</a> Most manufacturers now have accessible ATM models and banks must ensure that new ATMs have these models installed, and that old ATMs are retrofitted to become accessible. Banks should also work with their technology departments to ensure that their mobile apps are accessible on screen reader and other assistive technology software.</li>
</ul>
<ul>
<li style="text-align: justify; ">Promote the growth of banking services for people with disabilities: State and national governments should encourage opening of bank accounts by the disabled so that any funds or scholarships can be directly transferred into their account as opposed to being given to organisations which may not transfer it to the beneficiaries — this would help curb malpractices. Information on how people with disabilities can open an account — whether joint or single — and the formalities they need to fulfil should be made easily and readily available. This will encourage more people to open accounts for/with the disabled.</li>
<li style="text-align: justify; ">Adopt accessible formats for disabled customers: Banks should publish instruction manuals for ATMs as well as banking procedures in accessible formats such as Braille and DAISY. The banks can then take help of various volunteer organisations in producing and distributing the books to the relevant segments of the population. Such materials should also be made available for download, free of cost, on the bank’s website.</li>
<li style="text-align: justify; ">Training and sensitisation: Banks should not simply train and sensitise their employees and increase awareness of the various kinds of disability and the services to be provided to the disabled, but actively solicit those with special needs and make it clear that they "understand their needs" and welcome their business. Banks need to consider whether it makes sense to have separate or specially prepared paperwork for the disabled to fill out if the regular forms are difficult to read or understand.</li>
<li style="text-align: justify; ">Preferential Treatment: The Ministry of Finance should push for preferential treatment of all persons with disabilities along the same lines as the special rates of interest provided to the elderly. Public sector banks like the State Bank of India have a massive network and such visible and actively advertised preferential treatment will spread awareness not only at the bank level but in society as well. This will really encourage family members of the disabled to help them set up bank accounts and will foster independence.</li>
<li style="text-align: justify; ">“Know Your Customer” (KYC) procedures undertaken by banks should be clarified and made simpler — a one-time verification should take place rather than repeated calls, visits, questions, clarifications and summons to the office or branch.</li>
<li style="text-align: justify; ">Bank managers and staff should be proactive and watchful enough to monitor and check for abuse of power by those who are 'assisting' or administering the property and money of the disabled, who are even more susceptible to fraud than the average account holder, and therefore should be provided with stronger anti-fraud/theft services, such as more frequent SMS or email alerts for transactions.</li>
</ul>
<p style="text-align: justify; ">The most important aspect<a href="#fn93" name="fr93">[93] </a>that financial service providers need to understand is that accessibility— goes much beyond merely providing ramps and the financial service providers do not currently understand the variety of disabilities and the issues which are tied to each kind of disability. Consider ATMs — the way they are currently designed, the machines are too high for users who are in a wheelchair and the doors themselves are inaccessible to the orthopedically challenged; ATMs have neither voice support nor compatible software for the visually challenged. Thus, a basic and fundamental change in the way banks are catering to customers’ needs to take place.</p>
<p style="text-align: justify; ">Financial service providers should be more encouraging and should engage in outreach to make it easier and more attractive for those with less capability to open and operate accounts with their parents or guardians. Financial independence and control should be offered and facilitated to the maximum extent possible.</p>
<p style="text-align: justify; ">Accessibility should not be treated as a corporate social responsibility measure by the large banks and financial corporations, but as a responsibility to be fulfilled regardless of anything else. Further, public sector banks have the biggest responsibility to implement these measures — while they employ people with disabilities because they have a reservation <a href="#fn94" name="fr94">[94]</a> for them, their services are not accessible to their own employees! There needs to be an effort made to ensure that the internal banking software which is used is accessible for people with disabilities and can be accessed by them using the appropriate assistive technology like screen readers.</p>
<p style="text-align: justify; ">Financial service providers should tailor accessibility solutions to address each kind of disability and the range of problems faced by the persons affected by them; they should look at best practices from around the world and implement solutions on their own steam instead of minimum compliance with the government or RBI requirements. Ultimately, making financial services more accessible will only mean that their customer base will grow. Change needs to be top-down — rules and regulations first, then training, sensitisation, and then infrastructure. Schemes and offers should be put in place to attract the disabled as customers, assure them of good and competent service without discrimination, and incentives to invest or save (by offering special schemes such as those which currently exist for women and the elderly).</p>
<p style="text-align: justify; ">Building such systems would involve learning more about the customers and their particular situations and needs, and banks can take the help of various organisations that work with the disabled in order to get a better understanding of what they need to deliver. While there are some voluntary standards that can be used as a guide,<a href="#fn95" name="fr95">[95] </a>the most important aspect is to keep the basics in mind: simple and clear language, audible scripts, easy and non-confusing navigation and instructions and the ability to speak to someone in case of an error; these are all elements that will go a long way in ensuring that disabled customers are more equipped to use the financial services offered by a bank.</p>
<p style="text-align: justify; ">It would be helpful if there was a monitoring or evaluating mechanism to see how far banks are complying with the standards or guidelines that have been set forth before them. There needs to be a comparative study about how far, for example, the bank websites are compliant with the WCAG Guidelines on Web Accessibility or how easy it is for people with disabilities to access the bank counters and ATMs in different branches. Such a study would give good empirical evidence and serve as the starting point for improvement on the current scenario.<a href="#fn96" name="fr96">[96]</a></p>
<p style="text-align: justify; ">In the light of the above, some specific suggestions/ recommendations are made to the Department of Banking Operations in order to make banking more inclusive for persons with disabilities and senior citizens as under:</p>
<ol>
<li style="text-align: justify; ">The department may consider coming out with a policy/ Code requiring all banks to make their services accessible to persons with disabilities. The Policy/ Code may also identify good practices to be followed by banks with respect to areas such as websites, ATMs, mobile and phone banking services, website accessibility and customer care.</li>
<li style="text-align: justify; ">The Department may require RBI to stringently enforce its notification regarding accessibility of ATMs</li>
<li style="text-align: justify; ">The Department may ensure that accessibility be incorporated as a key strategy in all future policies and programmes planned by the Department and is also incorporated in any existing policy which is executed by the department.</li>
<li style="text-align: justify; ">The Department may involve persons with disabilities in executing its accessibility strategy and identify goals/ targets to be achieved over the next 5 years in terms of making banking services accessible in India. </li>
</ol>
<h2 style="text-align: justify; ">Bibliography</h2>
<ul>
<li style="text-align: justify; ">“Barriers to Using Automatic Teller Machines”, Tim Noonan, available at <a href="http://www.hreoc.gov.au/disability_rights/inquiries/ecom/atmpaper.htm">http://www.hreoc.gov.au/disability_rights/inquiries/ecom/atmpaper.htm</a>. </li>
<li style="text-align: justify; ">“Guidelines for Accessible and Usable Web Sites: Observing Users Who Work with Screen Readers”, Mary Theofranos and Janice Redish, available at <a href="http://redish.net/content/papers/interactions.html">http://redish.net/content/papers/interactions.html</a>.</li>
<li style="text-align: justify; ">“The Banking Experience: How to Make Financial Services Accessible for Blind and Partially Sighted People”, RNIB’s Handbook of Good Practices and Standards, at <a href="http://www.rnib.org.uk/aboutus/Research/reports/2012/Banking_Experience_CP.pdf">http://www.rnib.org.uk/aboutus/Research/reports/2012/Banking_Experience_CP.pdf</a>. </li>
<li style="text-align: justify; ">“Website Accessibility”, available at <a href="http://www.tiresias.org/research/guidelines/web.htm">http://www.tiresias.org/research/guidelines/web.htm</a>. </li>
<li style="text-align: justify; ">ABA Guiding Principles for Accessible Authentication, available at <a href="http://www.bankers.asn.au/ArticleDocuments/177/ABA-Guiding_Principles_for_Accessible_Authentication.doc.aspx">http://www.bankers.asn.au/ArticleDocuments/177/ABA-Guiding_Principles_for_Accessible_Authentication.doc.aspx</a></li>
<li style="text-align: justify; ">John Gill, “The Markets for the Adaptation of Self Service Terminals to be Accessible by People with Disabilities”, available at <a href="http://europa.eu/information_society/activities/einclusion/docs/worshop_atm/atm_markets_report.doc">http://europa.eu/information_society/activities/einclusion/docs/worshop_atm/atm_markets_report.doc</a></li>
<li style="text-align: justify; ">Carolyn Samuel, “Making Bank Notes Accessible for Canadians Living with Blindness or Low Vision”, available at <a href="http://www.bankofcanada.ca/wp-content/uploads/2011/08/samuel.pdf">http://www.bankofcanada.ca/wp-content/uploads/2011/08/samuel.pdf</a>. </li>
</ul>
<h2>Glossary of Terms</h2>
<ul>
<li>ABA - Australian Bankers’ Association</li>
<li>ABM - Automated Banking Machines</li>
<li>ADA - Americans with Disability Act</li>
<li>AFA - Access for All</li>
<li>BRA - Banking Regulation Act</li>
<li>BT - British Telecom</li>
<li>CAPTCHA - Completely Automated Public Turing test to tell Computers and Humans Apart</li>
<li>DDA - The Disability Discrimination Act (Australia)</li>
<li>EFTPOS - Electronic Funds Transfer at Point of Sale</li>
<li>HREOC - Human Rights and Equal Opportunity Commission</li>
<li>HTML - Hyper Text Markup Language</li>
<li>IBA - Indian Banks’ Association</li>
<li>IVR - Interactive Voice Response</li>
<li>NIC - National Informatics Centre</li>
<li>PIN - Personal Identification Number</li>
<li>PWD - People with Disabilities</li>
<li>PWDA - The People with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) <i>Act</i><i>,</i> 1995</li>
<li>RBI - Reserve Bank of India</li>
<li>RTF - Rich Text Format</li>
<li>TTS - Text to Speech</li>
<li>UNCRPD - United Nations Convention on Persons with Disabilities </li>
<li>WCAG - Web Content Accessibility Guidelines </li>
<li>XRCVC - Xavier’s Resource Centre for the Visually Challenged</li>
</ul>
<h2>Annexure 1 – Disability and Accommodations</h2>
<ul>
</ul>
<table class="vertical listing">
<tbody>
<tr style="text-align: center; ">
<th style="text-align: justify; ">Disability</th><th style="text-align: justify; ">Branch Banking</th><th style="text-align: justify; ">Phone Banking</th><th style="text-align: justify; ">Internet Banking</th><th style="text-align: justify; ">Payment Terminals and Kiosks</th><th style="text-align: justify; ">Mobile Banking<br /></th>
</tr>
<tr>
<td>Physical Disability</td>
<td style="text-align: justify; ">
<ul>
<li style="text-align: left; ">Bank branches are inaccessible to people using wheelchairs, as they are not provided with ramps, and often have steps at the entrance</li>
</ul>
<ul>
<li style="text-align: left; ">The queuing and counter system in place is not friendly for customers with disabilities; desks are not always at a height that can be accessed by someone in a wheelchair</li>
</ul>
<ul>
<li style="text-align: left; ">The staff is not sensitised to the needs of customers with physical disabilities</li>
</ul>
<b>Suggested Solution</b>:<br /><br />
<ul>
<li style="text-align: left; ">Conduct sensitisation and training programmes for the staff train them about the needs of customers with disabilities</li>
</ul>
<ul>
<li style="text-align: left; ">Construct ramps and walkways so that buildings are accessible by wheelchairs</li>
</ul>
<ul>
<li style="text-align: left; ">Ensure that the bank layout is accessible and as uniform as possible, ensuring ease of access for customers with disabilities</li>
</ul>
</td>
<td></td>
<td>
<ul>
<li style="text-align: left; ">Using websites which are not accessible could be a problem for a person who doesn’t have full use of their limbs</li>
</ul>
<b>Suggested Solution</b>:<br />
<ul>
<li style="text-align: left; ">Ensure websites are compatible with assistive technologies, such as alternate input devices. Standards such as the WCAG should be followed</li>
</ul>
<br /></td>
<td>
<ul>
<li style="text-align: left; ">ATM entrances are not accessible for people with wheelchairs as they are not provided with ramps</li>
</ul>
<ul>
<li>ATMs are often too high, and cannot be accessed by someone who is sitting in a wheelchair</li>
</ul>
<ul>
<li>Using keypads could be a problem for a person who doesn’t have full use of their limbs</li>
</ul>
<p align="left"><b>Suggested Solution:</b></p>
<ul>
<li>ATMs should be provided with ramps (with the appropriate slope) that can be accessed by customers in a wheelchair</li>
</ul>
<ul>
<li> ATMs should be at the appropriate height and should be designed keeping in mind the needs of people in wheelchairs</li>
</ul>
</td>
<td>
<ul>
<li>Using phone apps could be a problem for a person who doesn’t have full use of their limbs</li>
</ul>
<p><b>Suggested Solution</b>:</p>
<ul>
<li>Mobile apps should have a clean interface, which is not problematic to use and which can be controlled by voice commands</li>
</ul>
</td>
</tr>
<tr>
<td>Visual Disability</td>
<td>
<p align="left">Branches are not laid out in a uniform manner, and are difficult to navigate for someone who can’t see</p>
<ul>
<li>The signage is not done in raised texture maps, and so can’t be accessed by someone who can’t see</li>
</ul>
<ul>
<li>Coinage in India is not disabled-friendly, with the coin sizes being very similar to each other and difficult to demarcate</li>
</ul>
<ul>
<li>Bank literature is not available in large print or Braille formats and so can’t be read by people with low or no vision</li>
</ul>
<p align="left"><b>Suggested Solution:</b></p>
<ul>
<li>Conduct sensitisation and training programmes for the staff train them about the needs of customers with disabilities</li>
</ul>
<ul>
<li>Textured maps and signage should be made readily available at branch locations</li>
</ul>
<ul>
<li>The branch layout should be simplified so that someone with a visual disability is not at a disadvantage</li>
</ul>
<ul>
<li>In case the customer desires, bank literature, statements and other documents should be made available in alternate formats (eg: large print, Braille, PDF)</li>
</ul>
</td>
<td></td>
<td>
<ul>
<li>Websites are often not accessible using assistive technologies like screen readers, and are not navigable using non-traditional input devices</li>
</ul>
<p align="left"><b>Suggested Solution:</b></p>
<ul>
<li> Websites need to be made accessible and should comply with the Web Content Accessibility Guidelines (WCAG) which clearly specify how best to make the web interface usable for people with disabilities</li>
</ul>
</td>
<td>
<ul>
<li>There aren’t many speaking ATMs with audio jacks which can be used by people who can’t use the touchscreen</li>
</ul>
<ul>
<li>The number pad display is not uniform amongst various banks, and so can be problematic for people relying on tactile memory</li>
</ul>
<p align="left"><b>Suggested Solution:</b></p>
<ul>
<li> Banks should introduce more speaking ATMs, which have an audio jack that can be plugged into a listening device, which helps a customer with visual disability use an ATM</li>
</ul>
</td>
<td>
<ul>
<li>Mobile banking apps are not accessible using phone screen reading software</li>
</ul>
<br /><b>Suggested Solution:</b><br />
<ul>
<li>Phone apps need to be made accessible and should comply with the W3C Guidelines which specify how best to make the mobile interface usable for people with disabilities</li>
</ul>
<br /></td>
</tr>
<tr>
<td>Hearing Disability</td>
<td>
<ul>
<li>Branch officials have not been sensitised to the requirements of someone who is hearing impaired, who might require them to write down their statements</li>
</ul>
<ul>
<li>Sign language interpreters are not on call to help translate in case a person with disability needs them</li>
</ul>
<ul>
<li>Alert and announcements in banks are usually based on sound notifications, and so can often be missed by customers with hearing disabilities</li>
</ul>
<b>Suggested Solution:</b><br />
<ul>
<li>Conduct sensitisation and training programmes for the staff train them about the needs of customers with disabilities</li>
</ul>
<ul>
<li>Designated branches should have a sign language interpreter on call for assistance of customers with hearing disabilities</li>
</ul>
<ul>
<li>Notifications and announcements, such as at a teller, should be accompanied by a visual alert as well (eg: a blinking light, or a number flashing on a screen)</li>
</ul>
<br /></td>
<td>
<ul>
<li>There is great reliance on spoken directions and no option for a deaf customer to have a conversation about phone banking with their bank</li>
</ul>
<ul>
<li>No provision for options such as text relay that can be used by deaf customers to do banking transactions</li>
</ul>
<ul>
<li>The options on an automated VRS system at a bank’s call centre are often not clear and are incomprehensible</li>
</ul>
<p align="left"><b>Suggested Solution:</b></p>
<ul>
<li>Banks should attempt to introduce text relay services, which can be used by deaf customers to communicate with bank officials via the phone</li>
</ul>
<ul>
<li> The VRS system should be in clear, understandable and audible tones for the ease of customers</li>
</ul>
</td>
<td></td>
<td>
<ul>
<li>Alerts and notifications in an ATM are usually in the form of a loud noise or a beep, which will be missed by a person with hearing disability</li>
</ul>
<b>Suggested Solution:</b><br />
<ul>
<li>ATMs should have a light which flashes in case of a notification, which will come to the attention of the user</li>
</ul>
<br /></td>
<td></td>
</tr>
<tr>
<td>Cognitive Disability</td>
<td style="text-align: left; ">
<ul>
<li>Bank literature and documents are complicated and the language is not easy to comprehend; this could be a problem for someone with a learning disability</li>
</ul>
<ul>
<li>Banks have a bias against someone with a learning disability and despite rules against this, are reluctant to open account for customers with cognitive disabilities</li>
</ul>
<b>Suggested Solution:<br /></b>
<ul>
<li>Conduct sensitisation and training programmes for the staff train them about the needs of customers with disabilities</li>
</ul>
<ul>
<li>Bank documents, scheme information and so on should be in clear, easy to understand language </li>
</ul>
</td>
<td>
<ul>
<li>The options on an automated VRS system at a bank’s call centre are often not clear and are incomprehensible</li>
</ul>
<p><br /><b>Suggested Solution</b>:</p>
<ul>
<li>The VRS system should be in clear, understandable and audible tones for the ease of customers</li>
</ul>
<p> </p>
</td>
<td></td>
<td></td>
<td></td>
</tr>
</tbody>
</table>
<h2>Annexure 2 – Banking and Accessibility Guidelines</h2>
<table class="vertical listing">
<tbody>
<tr>
<th>Area of Banking</th><th>Guidelines/Recommendations</th>
</tr>
<tr>
<td>Mobile banking</td>
<td>
<p align="left">Web Accessibility Initiatives international guidelines on mobile accessibility: <a href="http://www.w3.org/WAI/mobile/">http://www.w3.org/WAI/mobile/</a></p>
</td>
</tr>
<tr>
<td>Internet banking</td>
<td>
<p align="left">The Web Content Accessibility Guidelines lay down the principles for making websites more accessible for people with disabilities: <a href="http://www.w3.org/TR/WCAG/">http://www.w3.org/TR/WCAG/</a></p>
<p align="left">Australian Industry Standards for Electronic Banking: <a href="http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-">http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-</a></p>
<p align="left">Royal National Institute for the Blind’s Good Practices and Standards for Electronic Banking: <a href="http://www.rnib.org.uk/aboutus/Research/reports/2012/Banking_Experience_CP.pdf">www.rnib.org.uk/aboutus/Research/reports/2012/Banking_Experience_CP.pdf</a></p>
</td>
</tr>
<tr>
<td>ATMs and payment kiosks</td>
<td>
<p align="left">Americans with Disabilities Act ATM Standards, 2010: <a href="http://www.firstdata.com/downloads/thought-leadership/atm_ada_accessibility.pdf">www.firstdata.com/downloads/thought-leadership/atm_ada_accessibility.pdf</a></p>
<p align="left">Australian Industry Standards for ATMs: <a href="http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/ATM-Standard">www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/ATM-Standard</a></p>
<p align="left">Canadian Guidelines on Self Service Interactive Devices: A summary is available at “Standard B651.1-09”, sourced from <a href="http://hub.eaccessplus.eu/wiki/Canadian_standard_for_accessible_design_for_automated_banking_machines">http://hub.eaccessplus.eu/wiki/Canadian_standard_for_accessible_design_for_automated_banking_machines</a></p>
<p align="left">Dutch Guidelines on Payment Terminals: <a href="http://hub.eaccessplus.eu/uploads/a/a1/Dutch_Guidelines_on_payment_systems.pdf">http://hub.eaccessplus.eu/uploads/a/a1/Dutch_Guidelines_on_payment_systems.pdf</a></p>
</td>
</tr>
<tr>
<td>Phone Banking</td>
<td>
<p align="left">Australian Industry Standards for Automated Phone Banking: <a href="http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/Automated-Telephone-Banking-Standard">http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/Automated-Telephone-Banking-Standard</a></p>
</td>
</tr>
<tr>
<td>Branch Banking</td>
<td>
<p align="left">New Zealand Banker’s Association Voluntary Guidelines on Meeting Needs of Older and Disabled Customers: <a href="http://www.nzba.org.nz/banking-standards/code-of-banking-practice/voluntary-guidelines-to-assist-banks-to-meet-the-needs-of-older-and-disabled-customers/">http://www.nzba.org.nz/banking-standards/code-of-banking-practice/voluntary-guidelines-to-assist-banks-to-meet-the-needs-of-older-and-disabled-customers/</a></p>
</td>
</tr>
</tbody>
</table>
<hr />
<p>[<a href="#fr1" name="fn1">1</a>]. Data taken from <a href="http://www.disabilityindia.com/html/facts.html">http://www.disabilityindia.com/html/facts.html</a>.</p>
<p>[<a href="#fr2" name="fn2">2</a>]. “NCR Corp to set up 50 Talking ATMs in Post Offices”, available at <a href="http://lflegal.com/2012/09/ncr-india/">http://lflegal.com/2012/09/ncr-india/</a>.</p>
<p style="text-align: justify; ">[<a href="#fr3" name="fn3">3</a>]. More data on disability can be seen at the World Bank Country Profile on Disability for India, available at <a href="http://siteresources.worldbank.org/DISABILITY/Resources/Regions/South%20Asia/JICA_India.pdf">http://siteresources.worldbank.org/DISABILITY/Resources/Regions/South%20Asia/JICA_India.pdf</a>.</p>
<p>[<a href="#fr4" name="fn4">4</a>]. Full text available at <a href="http://www.un.org/disabilities/default.asp?id=259">http://www.un.org/disabilities/default.asp?id=259</a>.</p>
<p>[<a href="#fr5" name="fn5">5</a>]. Full text available at <a href="http://www8.cao.go.jp/shougai/english/biwako/contents.html">http://www8.cao.go.jp/shougai/english/biwako/contents.html</a>.</p>
<p style="text-align: justify; ">[<a href="#fr6" name="fn6">6</a>]. See generally: “Guidelines for Accessible and Usable Web Sites: Observing Users Who Work with Screen Readers”, Mary Theofranos and Janice Redish, available at <a href="http://redish.net/content/papers/interactions.html">http://redish.net/content/papers/interactions.html</a>, last viewed on July 26.</p>
<p style="text-align: justify; ">[<a href="#fr7" name="fn7">7</a>]. Article 14: Equality before law - The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth).</p>
<p style="text-align: justify; ">[<a href="#fr8" name="fn8">8</a>]. Article 15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth<br />(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them<br />(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to<br />(a) access to shops, public restaurants, hotels and palaces of public entertainment; or<br />(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public</p>
<p style="text-align: justify; ">[<a href="#fr9" name="fn9">9</a>]. Article 253: Legislation for giving effect to international agreements - Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.</p>
<p>[<a href="#fr10" name="fn10">10</a>]. For more details on the legislation, along with the full text, refer to http://socialjustice.nic.in/policiesacts3.php.</p>
<p>[<a href="#fr11" name="fn11">11</a>]. See generally: <a href="http://www.accessability.co.in/access/files/Accessibility-in-India-Issues-Status-Way-Forward.pps">www.accessability.co.in/access/files/Accessibility-in-India-Issues-Status-Way-Forward.pps</a>.</p>
<p style="text-align: justify; ">[<a href="#fr12" name="fn12">12</a>]. “Bank loses accessibility case”, available at <a href="http://www.fm-world.co.uk/news/fm-industry-news/bank-loses-accessibility-case/">http://www.fm-world.co.uk/news/fm-industry-news/bank-loses-accessibility-case/</a>.</p>
<p style="text-align: justify; ">[<a href="#fr13" name="fn13">13</a>]. Singh, A. & Nizamie, S.H. (2004) Disability: the concept and related Indian legislations. <i>Mental Health Reviews,</i> accessed from http://www.psyplexus.com/mhr/disability_india.html on September 11, 2012.</p>
<p>[<a href="#fr14" name="fn14">14</a>]. Id.</p>
<p>[<a href="#fr15" name="fn15">15</a>]. Id.</p>
<p style="text-align: justify; ">[<a href="#fr16" name="fn16">16</a>]. Full text of the legislation is available at The Banking Regulation Act, 1949, <a href="http://indiankanoon.org/doc/1129081/">http://indiankanoon.org/doc/1129081/</a></p>
<p style="text-align: justify; ">[<a href="#fr17" name="fn17">17</a>]. Section 35A: Power of the Reserve Bank to give directions-<br />(1) Where the Reserve Bank is satisfied that-<br />(a) in the public interest; or<br />(aa)in the interest of banking policy; or<br />(b) to prevent the affairs of any banking company being conducted in a manner detrimental to the interests of the depositors or in a manner prejudicial to the interests of the banking company; or<br />(c) to secure the proper management of any banking company generally; it is necessary to issue directions to banking companies generally or to any banking company in particular, it may, from time to time, issue such directions as it deems fit, and the banking companies or the banking company, as the case may be, shall be bound to comply with such directions.<br />(2) The Reserve Bank may, on representation made to it or on its own motion, modify or cancel any direction issued under sub- section (1), and in so modifying or cancelling any direction may impose such conditions as it thinks fit, subject to which the modification or cancellation shall have effect.</p>
<p>[<a href="#fr18" name="fn18">18</a>]. Available at http://rbi.org.in/scripts/NotificationUser.aspx?Id=4226&Mode=0</p>
<p>[<a href="#fr19" name="fn19">19</a>]. Available at <a href="http://rbi.org.in/scripts/NotificationUser.aspx?Id=4923&Mode=0">http://rbi.org.in/scripts/NotificationUser.aspx?Id=4923&Mode=0</a></p>
<p>[<a href="#fr20" name="fn20">20</a>]. Available at <a href="http://www.rbi.org.in/scripts/BS_CircularIndexDisplay.aspx?Id=7548">http://www.rbi.org.in/scripts/BS_CircularIndexDisplay.aspx?Id=7548</a></p>
<p>[<a href="#fr21" name="fn21">21</a>]. Available at <a href="http://rbi.org.in/scripts/BS_CircularIndexDisplay.aspx?Id=5071">http://rbi.org.in/scripts/BS_CircularIndexDisplay.aspx?Id=5071</a>.</p>
<p>[<a href="#fr22" name="fn22">22</a>]. “Banking Made Easier for People with Disabilities”, available at <a href="http://www.autism-india.org/india_legal.html">http://www.autism-india.org/india_legal.html</a>.</p>
<p>[<a href="#fr23" name="fn23">23</a>]. Available at <a href="http://rbi.org.in/scripts/NotificationUser.aspx?Mode=0&Id=5248">http://rbi.org.in/scripts/NotificationUser.aspx?Mode=0&Id=5248</a>.</p>
<p>[<a href="#fr24" name="fn24">24</a>]. National Policy for Persons with Disability, available at <a href="http://www.socialjustice.nic.in/nppde.php?format=print">http://www.socialjustice.nic.in/nppde.php?format=print</a>.</p>
<p style="text-align: justify; ">[<a href="#fr25" name="fn25">25</a>]. Principle Areas of Intervention VI (x): “Banking system will be encouraged to meet the needs to the persons with disabilities”, <i>Id.</i></p>
<p style="text-align: justify; ">[<a href="#fr26" name="fn26">26</a>]. See generally: Discussion on disability in the Mid Term Appraisal of the Eleventh Five Year Plan, Page 185, available at <a href="http://planningcommission.nic.in/plans/mta/11th_mta/chapterwise/Comp_mta11th.pdf">http://planningcommission.nic.in/plans/mta/11th_mta/chapterwise/Comp_mta11th.pdf</a>.</p>
<p style="text-align: justify; ">[<a href="#fr27" name="fn27">27</a>]. Tim Noonan, “Acceptable E-commerce in Australia: A Discussion Paper about the Effects of Electronic Commerce Developments on People With Disabilities”, available at <a href="http://www.timnoonan.com.au/ecrep10.htm">http://www.timnoonan.com.au/ecrep10.htm</a></p>
<p>[<a href="#fr28" name="fn28">28</a>]. Id.</p>
<p style="text-align: justify; ">[<a href="#fr29" name="fn29">29</a>]. “Barriers to Using Automatic Teller Machines”, Tim Noonan, available at <a href="http://www.hreoc.gov.au/disability_rights/inquiries/ecom/atmpaper.htm">http://www.hreoc.gov.au/disability_rights/inquiries/ecom/atmpaper.htm</a>, last viewed on July 26, 2012.</p>
<p>[<a href="#fr30" name="fn30">30</a>]. See generally: Accessibility at the RBS, available at <a href="http://www.bankofscotland.co.uk/accessibility/hearing-impaired/">http://www.bankofscotland.co.uk/accessibility/hearing-impaired/</a>, last viewed on July 20.</p>
<p style="text-align: justify; ">[<a href="#fr31" name="fn31">31</a>]. In conversation with Mr. George Abraham, CEO, SCORE Foundation. Ms. Radhika Alkazi, Managing Trustee of Aarth-Aastha also pointed out that in many instances, banks often ask persons with disabilities to bring someone else to sign for them (or operate the account on their behalf) even when the person is fully capable of signing and operating the account themselves. There is no fixed basis for the procedure, which varies from bank to bank.</p>
<p style="text-align: justify; ">[<a href="#fr32" name="fn32">32</a>]. “Barriers to Using Automatic Teller Machines”, Tim Noonan, available at <a href="http://www.hreoc.gov.au/disability_rights/inquiries/ecom/atmpaper.htm">http://www.hreoc.gov.au/disability_rights/inquiries/ecom/atmpaper.htm</a>, last viewed on July 26, 2012.</p>
<p style="text-align: justify; ">[<a href="#fr33" name="fn33">33</a>]. “The Challenges of Blind Internet Users”, available at <a href="http://www.evengrounds.com/blog/challenges-of-blind-internet-users">http://www.evengrounds.com/blog/challenges-of-blind-internet-users</a>, last viewed on July 15.</p>
<p style="text-align: justify; ">[<a href="#fr34" name="fn34">34</a>]. See generally: Accessibility at the RBS, available at <a href="http://www.bankofscotland.co.uk/accessibility/visually-impaired/">http://www.bankofscotland.co.uk/accessibility/visually-impaired/</a>, last viewed on July 20.</p>
<p style="text-align: justify; ">[<a href="#fr35" name="fn35">35</a>]. Consider the development of such ATMs by Wells Fargo bank in the USA; more details are available at https://www.wellsfargo.com/about/diversity/accessibility/.</p>
<p style="text-align: justify; ">[<a href="#fr36" name="fn36">36</a>]. In conversation with Mr. Anil Joshi, the Programme Director of Human Ability and Accessibility at IBM, who works with parents of children with Down’s Syndrome and other mental disabilities. He also pointed out that given that only a miniscule portion of people with disabilities are able to understand banking concepts, the few who do so invariably use banking facilities with the help of their parents or guardians.</p>
<p style="text-align: justify; ">[<a href="#fr37" name="fn37">37</a>]. “Barriers to Using Automatic Teller Machines”, Tim Noonan, available at <a href="http://www.hreoc.gov.au/disability_rights/inquiries/ecom/atmpaper.htm">http://www.hreoc.gov.au/disability_rights/inquiries/ecom/atmpaper.htm</a>, last viewed on July 26, 2012.</p>
<p style="text-align: justify; ">[<a href="#fr38" name="fn38">38</a>]. “Customising mobile banking in India: issues and challenges”, Address delivered by Shri Harun R. Khan, Deputy Governor, Reserve Bank of India, at the FICCI-IBA (FIBAC) 2012 Conference on-“Sustainable excellence through customer engagement, employee engagement and right use of technology” on September 5, 2012 at Mumbai, available at <a href="http://www.rbi.org.in/scripts/BS_SpeechesView.aspx?id=726">http://www.rbi.org.in/scripts/BS_SpeechesView.aspx?id=726</a>.</p>
<p>[<a href="#fr39" name="fn39">39</a>]. Id.</p>
<p>[<a href="#fr40" name="fn40">40</a>]. Available at <a href="http://www.rbi.org.in/Scripts/bs_viewcontent.aspx?Id=1660">http://www.rbi.org.in/Scripts/bs_viewcontent.aspx?Id=1660</a>.</p>
<p style="text-align: justify; ">[<a href="#fr41" name="fn41">41</a>]. Leonard R. Kasday, "<a href="http://www.acm.org/pubs/articles/proceedings/chi/355460/p161-kasday/p161-kasday.pdf">A Tool to Evaluate Universal Web Accessibility</a>" Posters, Proceedings of the 2000 International Conference on Intelligent User Interfaces 2000, pp. 161-162.</p>
<p>[<a href="#fr42" name="fn42">42</a>]. See generally: “WCAG 2 at a Glance”, available at <a href="http://www.w3.org/WAI/WCAG20/glance/">http://www.w3.org/WAI/WCAG20/glance/</a></p>
<p>[<a href="#fr43" name="fn43">43</a>]. See generally: “Website Accessibility”, available at <a href="http://www.tiresias.org/research/guidelines/web.htm">http://www.tiresias.org/research/guidelines/web.htm</a></p>
<p style="text-align: justify; ">[<a href="#fr44" name="fn44">44</a>]. For more details, see generally: “Website Accessibility”, available at <a href="http://www.tiresias.org/research/guidelines/web.htm">http://www.tiresias.org/research/guidelines/web.htm</a></p>
<p>[<a href="#fr45" name="fn45">45</a>]. The Compliance Matrix can be accessed at <a href="http://web.guidelines.gov.in/compliance.php">http://web.guidelines.gov.in/compliance.php</a>.</p>
<p style="text-align: justify; ">[<a href="#fr46" name="fn46">46</a>]. “Deaf and Hearing Impaired”, Woei-Jyh Lee, Handbook of Universal Usability in Practice, available at <a href="http://otal.umd.edu/UUPractice/hearing/">http://otal.umd.edu/UUPractice/hearing/</a>, last viewed on 23 July, 2012.</p>
<p style="text-align: justify; ">[<a href="#fr47" name="fn47">47</a>]. “ATM Usage very low in India, says RBI”, available at http://www.firstpost.com/economy/atm-usage-very-low-in-india-says-rbi-404198.html.</p>
<p>[<a href="#fr48" name="fn48">48</a>]. Available at <a href="http://rbi.org.in/scripts/NotificationUser.aspx?Id=7286&Mode=0">http://rbi.org.in/scripts/NotificationUser.aspx?Id=7286&Mode=0</a>.</p>
<p style="text-align: justify; ">[<a href="#fr49" name="fn49">49</a>]. Harsh Vardhan, “White Label ATMs”, available at <a href="http://ajayshahblog.blogspot.in/2012/08/white-label-atms.html">http://ajayshahblog.blogspot.in/2012/08/white-label-atms.html</a>.</p>
<p style="text-align: justify; ">[<a href="#fr50" name="fn50">50</a>]. “Department of Justice finalises New ATM Accessibility Standards”, available at <a href="http://www.diebold.com/solutions/atms/opteva/html/Diebold_AccessibilityStandards.pdf">http://www.diebold.com/solutions/atms/opteva/html/Diebold_AccessibilityStandards.pdf</a>, last viewed on July 12.</p>
<p style="text-align: justify; ">[<a href="#fr51" name="fn51">51</a>]. “Department of Justice Finalises New ATM Accessibility Standards”, available at <a href="http://www.diebold.com/solutions/atms/opteva/html/Diebold_AccessibilityStandards.pdf">http://www.diebold.com/solutions/atms/opteva/html/Diebold_AccessibilityStandards.pdf</a>, last viewed on July 12.</p>
<p>[<a href="#fr52" name="fn52">52</a>]. “Making Bank Notes Accessible for Canadians Living with Blindness or Low Vision”, Carolyn Samuel, available at <a href="http://www.bankofcanada.ca/wp-content/uploads/2011/08/samuel.pdf">http://www.bankofcanada.ca/wp-content/uploads/2011/08/samuel.pdf.</a></p>
<p>[<a href="#fr53" name="fn53">53</a>]. Id.</p>
<p>[<a href="#fr54" name="fn54">54</a>]. Carolyn Samuel, “Making Bank Notes Accessible for Canadians Living With Blindness or Low Vision”, available at <a href="http://www.bankofcanada.ca/wp-content/uploads/2011/08/samuel.pdf">http://www.bankofcanada.ca/wp-content/uploads/2011/08/samuel.pdf</a>.</p>
<p>[<a href="#fr55" name="fn55">55</a>]. (DBOD.No.Leg.BC.123 /09.07.005/2008-09).</p>
<p>[<a href="#fr56" name="fn56">56</a>]. Refer to Section 4.3 of the Report.</p>
<p style="text-align: justify; ">[<a href="#fr57" name="fn57">57</a>]. Dinesh Kaushal, “The Case for Accessible Banking”, available at <a href="https://cis-india.org/accessibility/accessible-banking">http://cis-india.org/accessibility/accessible-banking</a>.</p>
<p style="text-align: justify; ">[<a href="#fr58" name="fn58">58</a>]. NR Indran, “UBI to deploy Mumbai’s first Talking ATM for the visually challenged”, available at <a href="http://apnnews.com/2012/07/09/ubi-to-deploy-mumbai%E2%80%99s-first%E2%80%98talking-atm%E2%80%99-for-the-visually-challenged-powered-by-ncr/">http://apnnews.com/2012/07/09/ubi-to-deploy-mumbai%E2%80%99s-first%E2%80%98talking-atm%E2%80%99-for-the-visually-challenged-powered-by-ncr/</a></p>
<p>[<a href="#fr59" name="fn59">59</a>]. Id.</p>
<p>[<a href="#fr60" name="fn60">60</a>]. “NCR Corp to set up 50 Talking ATMs in passport offices”, available at http://lflegal.com/2012/09/ncr-india/.</p>
<p>[<a href="#fr61" name="fn61">61</a>]. “NCR Corp to set up 50 Talking ATMs in passport offices”, available at http://lflegal.com/2012/09/ncr-india/.</p>
<p style="text-align: justify; ">[<a href="#fr62" name="fn62">62</a>]. Dinesh Kaushal, “The Case for Accessible Banking”, available at <a href="https://cis-india.org/accessibility/accessible-banking">http://cis-india.org/accessibility/accessible-banking</a>.</p>
<p>[<a href="#fr63" name="fn63">63</a>]. Id.</p>
<p style="text-align: justify; ">[<a href="#fr64" name="fn64">64</a>]. “Department of Justice Finalises New ATM Accessibility Standards”, available at <a href="http://www.diebold.com/solutions/atms/opteva/html/Diebold_AccessibilityStandards.pdf">http://www.diebold.com/solutions/atms/opteva/html/Diebold_AccessibilityStandards.pdf</a>, last viewed on July 12.</p>
<p>[<a href="#fr65" name="fn65">65</a>]. See more details at <a href="http://www.unionbankofindia.co.in/personal_TalkingATMs.aspx">http://www.unionbankofindia.co.in/personal_TalkingATMs.aspx</a></p>
<p style="text-align: justify; ">[<a href="#fr66" name="fn66">66</a>]. These guidelines are available at <a href="http://www.nzba.org.nz/banking-standards/code-of-banking-practice/voluntary-guidelines-to-assist-banks-to-meet-the-needs-of-older-and-disabled-customers/">http://www.nzba.org.nz/banking-standards/code-of-banking-practice/voluntary-guidelines-to-assist-banks-to-meet-the-needs-of-older-and-disabled-customers/</a></p>
<p>[<a href="#fr67" name="fn67">67</a>]. Id.</p>
<p>[<a href="#fr68" name="fn68">68</a>]. Id.</p>
<p>[<a href="#fr69" name="fn69">69</a>]. Id.</p>
<p style="text-align: justify; ">[<a href="#fr70" name="fn70">70</a>]. Section 4 of the DDA defines disability in relation to a person as:<br />a. total or partial loss of the person's bodily or mental functions; or<br />b. total or partial loss of a part of the body; or<br />c. the presence in the body of organisms causing disease or illness; or<br />d. the presence in the body of organisms capable of causing disease or illness; or<br />e. the malfunction, malformation or disfigurement of a part of the person's body; or<br />f. a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or<br />g. a disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour; and includes a disability that:<br />a. presently exists; or<br />b. previously existed but no longer exists; or<br />c. may exist in the future; or is imputed to a person.</p>
<p style="text-align: justify; ">[<a href="#fr71" name="fn71">71</a>]. Section 4 of the DDA defines a service as relating to, amongst other things, banking, insurance, superannuation and the provision of grants, loans, credit or finance, and including financial and information services provided, for example, through websites, telephones, ATMs and EFTPOS.</p>
<p style="text-align: justify; ">[<a href="#fr72" name="fn72">72</a>]. For a full list, please refer to: <a href="http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/Industry-Standards---Accessibility">http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/Industry-Standards---Accessibility</a>, last accessed on 12<sup>th</sup> August, 2012.</p>
<p style="text-align: justify; ">[<a href="#fr73" name="fn73">73</a>]. Refer to <a href="http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/ATM-Standard">http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/ATM-Standard</a></p>
<p style="text-align: justify; ">[<a href="#fr74" name="fn74">74</a>]. Refer to <a href="http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/EFTPOS-Standard">http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/EFTPOS-Standard</a></p>
<p style="text-align: justify; ">[<a href="#fr75" name="fn75">75</a>]. Refer to <a href="http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/Automated-Telephone-Banking-Standard">http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/Automated-Telephone-Banking-Standard</a></p>
<p style="text-align: justify; ">[<a href="#fr76" name="fn76">76</a>]. ABA Industry Standard on Electronic Banking, available at <a href="http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/Internet-Banking-Standard">http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/Internet-Banking-Standard</a></p>
<p style="text-align: justify; ">[<a href="#fr77" name="fn77">77</a>]. Refer to <a href="http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/Australian-Banking-Industry-E-Commerce-Industry-Action-Plan">http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/Australian-Banking-Industry-E-Commerce-Industry-Action-Plan</a></p>
<p style="text-align: justify; ">[<a href="#fr78" name="fn78">78</a>]. “Background to the Guiding Principles”, Section 1.1 of the ABA Guiding Principles for Accessible Authentication, available at <a href="http://www.bankers.asn.au/ArticleDocuments/177/ABA-Guiding_Principles_for_Accessible_Authentication.doc.aspx">http://www.bankers.asn.au/ArticleDocuments/177/ABA-Guiding_Principles_for_Accessible_Authentication.doc.aspx</a></p>
<p>[<a href="#fr79" name="fn79">79</a>]. Id.</p>
<p style="text-align: justify; ">[<a href="#fr80" name="fn80">80</a>]. “Department of Justice Finalises New ATM Accessibility Standards”, available at <a href="http://www.diebold.com/solutions/atms/opteva/html/Diebold_AccessibilityStandards.pdf">http://www.diebold.com/solutions/atms/opteva/html/Diebold_AccessibilityStandards.pdf</a>, last viewed on July 12</p>
<p style="text-align: justify; ">[<a href="#fr81" name="fn81">81</a>]. See generally: “Department of Justice finalizes new ATM accessibility standards”, available at <a href="http://www.diebold.com/solutions/atms/opteva/html/Diebold_AccessibilityStandards.pdf">www.diebold.com/solutions/atms/opteva/html/Diebold_AccessibilityStandards.pdf</a></p>
<p style="text-align: justify; ">[<a href="#fr82" name="fn82">82</a>]. A summary is available at “Standard B651.1-09”, sourced from <a href="http://hub.eaccessplus.eu/wiki/Canadian_standard_for_accessible_design_for_automated_banking_machines">http://hub.eaccessplus.eu/wiki/Canadian_standard_for_accessible_design_for_automated_banking_machines</a>, and a full text can be purchased from the Canadian Standards Association website.</p>
<p style="text-align: justify; ">[<a href="#fr83" name="fn83">83</a>]. “The extent to which technical requirements are applied is the responsibility of others, such as the authority having jurisdiction.”</p>
<p style="text-align: justify; ">[<a href="#fr84" name="fn84">84</a>]. “Barrier Free Banking”, available at <a href="http://www.abilities.ca/agc/article/article.php?pid=&cid=&subid=&aid=429">http://www.abilities.ca/agc/article/article.php?pid=&cid=&subid=&aid=429</a></p>
<p>[<a href="#fr85" name="fn85">85</a>]. Id.</p>
<p style="text-align: justify; ">[<a href="#fr86" name="fn86">86</a>]. “Dutch Guidelines for User Friendly payment terminals”, available at <a href="http://hub.eaccessplus.eu/wiki/Dutch_Guidelines_for_user-friendly_payment_terminals">http://hub.eaccessplus.eu/wiki/Dutch_Guidelines_for_user-friendly_payment_terminals</a></p>
<p style="text-align: justify; ">[<a href="#fr87" name="fn87">87</a>]. “Dutch Guidelines for Payment Systems”, available at <a href="http://hub.eaccessplus.eu/uploads/a/a1/Dutch_Guidelines_on_payment_systems.pdf">http://hub.eaccessplus.eu/uploads/a/a1/Dutch_Guidelines_on_payment_systems.pdf</a></p>
<p>[<a href="#fr88" name="fn88">88</a>]. Id.</p>
<p>[<a href="#fr89" name="fn89">89</a>]. Building User Friendly Voice Systems, Tim Noonan, available at <a href="http://www.timnoonan.com.au/ivrpap98.htm">http://www.timnoonan.com.au/ivrpap98.htm</a></p>
<p style="text-align: justify; ">[<a href="#fr90" name="fn90">90</a>]. See generally, “What are the possibilities”, the webpage for the Xavier’s Resource Centre for the Visually Challenged, available at <a href="http://www.xrcvc.org/fs_alternatives.php">http://www.xrcvc.org/fs_alternatives.php</a></p>
<p style="text-align: justify; ">[<a href="#fr91" name="fn91">91</a>]. In countries like Japan, even sighted people use what are known as signature stamps, Hanko and Inkan, instead of actual signatures, for signing of official documents. This is a practice that can also be incorporated by banks.</p>
<p style="text-align: justify; ">[<a href="#fr92" name="fn92">92</a>]. See generally, “What are the possibilities”, the webpage for the Xavier’s Resource Centre for the Visually Challenged, available at <a href="http://www.xrcvc.org/fs_alternatives.php">http://www.xrcvc.org/fs_alternatives.php</a>.</p>
<p style="text-align: justify; ">[<a href="#fr93" name="fn93">93</a>]. In conversation with Ms. Anubhuti Mittal, who works for HR Solutions for the Differently Abled, and runs a consultancy which works with people with disabilities, providing recruitment services to the disabled, doing access audits, job mapping, sensitization and training of employees at organisations.</p>
<p style="text-align: justify; ">[<a href="#fr94" name="fn94">94</a>]. Pursuant to Section 33 of the PWD Act, which states: Every appropriate government shall appoint in every establishment such percentage of vacancies not less than three per cent for persons or class of persons with disability of which one per cent? each shall be reserved for persons suffering from:</p>
<ul style="text-align: justify; ">
<li>Blindness or low vision;</li>
<li>Bearing impairment;</li>
<li>Loco motor disability or cerebral palsy, in the posts identified for each disability: </li>
</ul>
<p style="text-align: justify; ">Provided that the appropriate Government may, having regard to the type of work carried on in any department or establishment, by notification subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.</p>
<p>[<a href="#fr95" name="fn95">95</a>]. For example, the Australian and New Zealand Standards (AS/NZS 4263).</p>
<p style="text-align: justify; ">[<a href="#fr96" name="fn96">96</a>]. A good reference point would be “A Look at Internet Banking Accessibility in Australia”, Sofia Celic, Steven Faulkner, and Andrew Arch, available at <a href="http://ausweb.scu.edu.au/aw04/papers/refereed/celic/paper.html">http://ausweb.scu.edu.au/aw04/papers/refereed/celic/paper.html</a>, where the authors have studied the websites of different Australian banks to see how far they are complying with the WCAG1.0 guidelines and have rated them on different criteria. Unfortunately, the team found that “the overall status of the accessibility of Australian banking web sites, using the accessibility of their home pages as an indicator, is less than desirable. None of the banks assessed has met the <acronym>ABA</acronym> recommended timetable of addressing all applicable <acronym>WCAG</acronym> 1.0 Priority 1 and Priority 2 checkpoints within 18 months of the Standard being released (April 2002).”</p>
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<p><b>Contributors:</b></p>
<ul>
<li>Nirmita Narasimhan, Policy Director</li>
<li>Vrinda Maheshwari, Consultant</li>
</ul>
<p><a href="https://cis-india.org/accessibility/blog/banking-accessibility-report.pdf" class="internal-link">Click to download the entire report </a>(PDF) 802 Kb</p>
<ul>
</ul>
<ul>
</ul>
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<ul style="text-align: justify; ">
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<p>
For more details visit <a href='https://cis-india.org/accessibility/blog/banking-and-accessibility-in-india-report'>https://cis-india.org/accessibility/blog/banking-and-accessibility-in-india-report</a>
</p>
No publishernirmitaFeaturedHomepageAccessibility2013-08-13T04:00:19ZBlog EntryBack When the Past had a Future: Being Precarious in a Network Society
https://cis-india.org/raw/digital-humanities/blogs/habits-of-living/aprja-net-researching-bwpwap-nishant-shah-back-when-the-past-had-a-future
<b>We live in Network Societies. This phrase has been so bastardised to refer to the new information turn mediated by digital technologies, that we have stopped paying attention to what the Network has become. Networks are everywhere. They have become the default metaphor of our times, where everything from infrastructure assemblies to collectives of people, are all described through the lens of a network.</b>
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<p style="text-align: justify; ">This article by Nishant Shah was published in a peer-reviewed newspaper <a class="external-link" href="http://www.aprja.net/wp-content/uploads/2013/01/researching_bwpwap_large.pdf">Researching BWPWAP</a>. The write-up is on Page 3.</p>
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<p style="text-align: justify; ">We are no longer just human beings living in socially connected, politically identified communities. Instead, we have become actors, creating archives of traces and transactions, generating traffic and working as connectors in the ever expanding fold of the network.</p>
<p style="text-align: justify; ">The network is an opaque metaphor, conflating description and explanation. So it becomes the object to be studied, the originary context that produces itself, and the explanatory framework that accounts for itself. In other words, the network was our past – it gives us an account of who we were, it is our present – it defines the context of all our activities, and it is our future – where we do everything to support the network because it is the only future that we can imagine for ourselves. It is this flattening characteristic of networks that are diagrammatically mapped, cartographically reproduced, and presented outside of and oblivious to temporality, that produces a condition of the future that can no longer be imagined through our everyday lives.</p>
<p style="text-align: justify; ">Networks neither promise nor deliver a flattened utopia of coexistence and decentralised power. Networks are, in fact, quite aware of the structures of inequity and conditions of privilege they create and perpetuate: the only way to recognise the existence of a network is to be outside of it, the only aspiration to belong to a network is to be kept outside of it when you recognise it. Networks create themselves as simultaneously ubiquitous and scarce, of everpresent and ephemeral, creating a new ontology for our being human – an ontology of precariousness, contingent upon erasure of our histories, archives of our present, and unimaginable futures; futures we are not ready for, and don’t have strategies to occupy.</p>
<p style="text-align: justify; ">I remember the times, before networks became the default conditions of being human, when kids, negotiating the variegated temporalities of their past-present-futures, would often begin their speculations on future, by saying, "When I grow up...". In that hope of growing up, was the potential for radical political action, the possibility of social reconstruction. In network societies, though, time has no currency. It has been replaced by attentions, flows of information and actions, and do not offer a tomorrow to grow into.</p>
<p style="text-align: justify; ">There is no future to help mitigate the exigencies of the present. And with the overwhelming emphasis on archiving the present, there is no more a coherent future that can be accounted for in the vocabulary that the network develops to explain itself, and the hypothetical world outside it.</p>
<p>
For more details visit <a href='https://cis-india.org/raw/digital-humanities/blogs/habits-of-living/aprja-net-researching-bwpwap-nishant-shah-back-when-the-past-had-a-future'>https://cis-india.org/raw/digital-humanities/blogs/habits-of-living/aprja-net-researching-bwpwap-nishant-shah-back-when-the-past-had-a-future</a>
</p>
No publishernishantFeaturedHabits of LivingResearchers at WorkDigital Humanities2013-02-12T06:16:12ZBlog EntryAvailability and Accessibility of Government Information in Public Domain
https://cis-india.org/accessibility/blog/availability-and-accessibility-of-government-information-in-public-domain
<b>The information provided on most Government websites such as Acts, notifications, rules, orders, minutes of meetings and consultations, etc. is usually in the form of electronic documents. However, these lack authenticity and accessibility and cannot be (text) searched., This policy brief identifies the problem areas with the current work flow being used to publish documents and proposes suitable modifications to make them easy to locate, authentic and accessible.</b>
<p style="text-align: justify; ">Prepared by Sunil Abraham, Nirmita Narasimhan, Beliappa, and Anandhi Viswanathan and with inputs from Dipendra Manocha, Saksham, and Deepak Maheshwari, Symantec. Download the text as<b> <a href="https://cis-india.org/accessibility/blog/policy-brief-availability-accessibility-govt-information-public-domain.pdf" class="external-link">PDF here</a></b>. (96 Kb)</p>
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<p style="text-align: justify; "><b>Problem Statement</b>: The information published on most government websites exist in the form of document files [including but not limited to the Acts, Rules and Regulations, Government Orders and Notifications, Consultation Papers, Reports etc.] which, even when published, more often than not lack authenticity and accessibility and cannot be (text) searched.</p>
<p style="text-align: justify; ">Analysis: The current workflow towards publishing documents on government websites is broadly as follows:</p>
<ol style="text-align: justify; ">
<li>The document is born digital – that means it is created on a computer.</li>
<li>The document is printed.</li>
<li>The document is stamped with the official seal and signed in ink by the authorized person(s).</li>
<li>The paper document is scanned.</li>
<li>The scanned image is converted into a PDF file.</li>
<li>The document is uploaded on the website and thereby published in the public domain.</li>
</ol>
<p style="text-align: justify; ">In fact, at times, even gazette notifications and other printed documents are also scanned as images.</p>
<p style="text-align: justify; ">This approach has numerous problems, including the following:</p>
<ol style="text-align: justify; ">
<li>First and foremost, such a practice is against the letter and spirit of Section 4 (1) (a) of the Right to Information Act, 2005.<a href="#fn1" name="fr1">[1] </a>that inter alia, mandates every public authority to “maintain all its records duly catalogued and indexed in a manner and form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated”.</li>
<li>This does not realize the enabling provision of the Information Technology Act, 2000<a href="#fn2" name="fr2">[2]</a> which gives legal sanctity to digital signatures. The digital image of a physical signature is not a digital signature in the eye of the law, though at times it is mistakenly believed to be so.</li>
<li>This does not address the problem of repudiation. That means a government official can say “I didn't sign that document” and there is no way to tell whether what he or she is saying is true. One of the key features of digital signatures is non-repudiability.</li>
<li>Scanned images of printed text cannot be searched for specific text (character, word or phrase) even by people without disabilities but for people with disabilities, the documents become totally inaccessible since the accessibility software cannot parse such scanned images – against the underlying tenets and objectives of the National Universal Electronic Accessibility Policy 2013.<a href="#fn3" name="fr3">[3] </a></li>
<li>As an extension, content of such documents cannot be indexed by search engines (such as Google, Bing and Raftaar, etc.) and hence, unlikely to be located even if technically the same are in the public domain.</li>
</ol>
<p style="text-align: justify; "><b>Proposed Solution</b>: The following work flow is proposed for publishing documents electronically on government websites:</p>
<ol style="text-align: justify; ">
<li>The document is born digital by preparing it in or through a computer system. Documents in Indian languages should be produced using Unicode based fonts.</li>
<li>The government official authorized to sign the same, must sign it digitally.</li>
<li>The document is uploaded in an open standard based format such as EPUB using a content management system and made available on the website such that it is available, accessible, indexable and searchable.</li>
</ol>
<p style="text-align: justify; ">This will ensure democratization of information in its truest sense – making available information to the public at large and ensuring that it can be easily located and remains accessible to one and all.</p>
<p style="text-align: justify; ">The process of formatting should be standardized in such a way that semantics (such as heading styles, lists and tables) can be added to the text of the document. The Web Style Guide provides information on good practices for creating well-structured documents:</p>
<p style="text-align: justify; ">Standardizing the formatting process by creating different templates for different types of documents will ensure uniform accessibility of the documents as well as provide a standard look and feel across government documents.</p>
<p style="text-align: justify; ">India became a global pioneer by making the legal provision for computerised, indexed and duly catalogued public records. It is high time that India takes the lead by living up to the legislative intent under the Right to Information Act, Information Technology Act and the National University of Educational Planning and Administration, and thereby establishes a global best practice.</p>
<p style="text-align: justify; ">Admittedly, legacy documents should also be converted electronically to accessible formats though before such a rendering, due editorial oversight may be necessary along with use of technologies such as Optical Character Recognition (OCR).</p>
<hr />
<p style="text-align: justify; ">[<a href="#fr1" name="fn1">1</a>]. Government of India. The Right to Information Act, 2005. No. 22 of 2005. Retrieved on November 30, 2014 from <a class="external-link" href="http://rti.gov.in/webactrti.htm">http://rti.gov.in/webactrti.htm</a>.</p>
<p style="text-align: justify; ">[<a href="#fr2" name="fn2">2</a>]. Government of India. The Information Technology Act, 2000. No. 21 of 2000. Retrieved on November 30, 2014 from <a class="external-link" href="http://deity.gov.in/sites/upload_files/dit/files/downloads/itact2000/itbill2000.pdf">http://deity.gov.in/sites/upload_files/dit/files/downloads/itact2000/itbill2000.pdf</a></p>
<p style="text-align: justify; ">[<a href="#fr3" name="fn3">3</a>]. Government of India. National Policy on Universal Electronic Accessibility. 2013. Retrieved on November 30, 2014 from <a class="external-link" href="http://deity.gov.in/sites/upload_files/dit/files/National Policy on Universal Electronics(1).pdf">http://deity.gov.in/sites/upload_files/dit/files/National Policy on Universal Electronics(1).pdf</a></p>
<p>
For more details visit <a href='https://cis-india.org/accessibility/blog/availability-and-accessibility-of-government-information-in-public-domain'>https://cis-india.org/accessibility/blog/availability-and-accessibility-of-government-information-in-public-domain</a>
</p>
No publishersunilGovernment InformationAccessibilityFeaturedDigitisationHomepage2014-12-30T01:25:12ZBlog Entry