Centre for Internet and Society

Take charge of Facebook

praskrishna — 2011-06-06T08:16:19Z

Want to take control of your data and the way you use your Facebook account? Then try these tricks, writes Shweta Taneja.

When Tejas Pande, a 23-year-old Bangalore-based information technology professional, heard about a workshop called Facebook Resistances at the Centre for Internet and Society (www.cis-india.org) in the city, he signed up without thinking twice. "I spend almost 10 hours every day logged in to my Facebook account. Its fixed rituals were getting to me. So I wanted to find out how I can take more control of my account and make it more personal."

The workshop, which was conducted by Marc Stumpel, a new media researcher and privacy advocate from Amsterdam, the Netherlands, had the same concerns. Stumpel’s workshop, which has travelled across the world from Barcelona and Berlin to Bangalore, is a research initiative that looks at changing the rules and functionality of Facebook. "We want to change your experience of the site and make it more personal," he says, adding, “We also want you to safeguard your privacy in the Facebook world." All this, he says, is possible through add-ons to your Internet browser. “People just need to know what these cracks are."

With more than 600 million active users, Facebook has become prone to attacks from hackers. Problems such as identity theft and malicious bot messages or status update worms are becoming common. Other than that, privacy concerns which have wracked Facebook since its inception continue to be controversial despite the "controls" it now offers.

The main reason for this is that the social networking mammoth keeps on pushing new features or changes constantly and rapidly, even before we can understand the ones that already exist. "Most often we don’t get a chance to opt in to new features, and can only opt out if they get our attention," explains Stumpel. This leads to a loss of control over personal data and what Facebook can do with it.

To prevent this, it’s necessary to keep going back to those account settings and make full use of whatever control Facebook offers at any point. Here are some of the latest ways you can protect your online identity.

Log out of multiple sessions

How many times have you logged into Facebook from an Internet café or a friend’s mobile phone and forgotten to log out? Every time you do that, even though you close the browsing window or application at the end, Facebook keeps your session open, making you vulnerable to mischief. Now you can log into your account and see a list of active sessions with their details, which include the login time, device name, the approximate location of the login based on IP address, and browser and operating system. If some of them are unauthorized or you are unaware of these activities, shut them immediately and reset your password.

Take control now: In your Facebook account, go to Account > Account Settings > Account Security > Account Activity > Also Active. Facebook lists all your active, open browsers in the Also Active list. Click on End Activity on the unwanted ones. You can also take control of which gadgets you log on from with the Login Approvals feature that comes under Account Security. This feature lets you put a code alert, which can then be SMSed to your mobile phone as soon as you log in from an unrecognized computer. This will alert you in case there’s been a login from a source you don’t know about.

Avoid the unwanted photo tag

Did a friend just put your drunk as hell photograph, wearing a "I hate my boss" T-shirt and making an obscene gesture, online? And did your boss and wife see it and blast you for irresponsibility? Other than the embarrassment, you may get into trouble at home or at work because of friends tagging inane photographs they clicked somewhere you don’t remember.If it’s not photographs, it’s minor irritants such as social or festive messages that you unexpectedly get tagged in. Avoid such irritants with a simple click.

Take control now: Go to Account > Privacy Settings > Sharing on Facebook. Click on ‘Customize settings’. In the page that pops up, choose in each option who can see and comment on things you share, things on your Wall and things you’re tagged in.

Secure your account

Hacking is increasingly a problem on Facebook. The reason is that on most of the networks, Facebook (unlike email clients) works on an unsecured connection (http) and not a secure one (https). Now the social networking site gives you an option to choose a secure site for logging and browsing. You can also choose one-time passwords when logging into Facebook from a public connection.

Take control now: Go to Account > Account Settings> Account Security > Secure Browsing. Tick on Browse Facebook on a Secure Connection (https) whenever possible. In case you are using a public computer, take the option of Facebook One-time Passwords. Text "OTP" to 32665 on your mobile phone and you will get a new one-time password which expires within 20 minutes.

Stop Facebook from haunting you online

Baffled when your Facebook profile image pops up every time you are reading a news site or a travel website online asking you to "Like" a news or review since another friend from Facebook does? Or surprised when you are browsing a travel website and your friends’ photographs pop up suddenly, saying they have been there and "Recommend" a hotel or site? Facebook has partnered with some websites to, as it delicately puts it, "provide you with great, personalized experiences the moment you arrive, such as immediately playing the music you like or displaying friends’ reviews”. Basically if you are logged in to Facebook, these sites can take information from your account and display it and also tell you which of your friends have visited that particular city earlier. If you wish to stop Facebook from haunting you everywhere you go online on your browser, act now.

Take control now: To block a third party, go to Account > Privacy Settings > Apps and Websites> Instant Personalization. Deselect Enable Instant Personalization to stop getting these subtle suggestions from Facebook.

Cut off the ads

A Facebook friend, Mr-I-Like-Everything, "Likes" yet another page and it pops up as a suggestion on the right side of your profile. If you have been on Facebook long enough, chances are one of the "Sponsored" pages has been shoved under your nose at least once. These little ad blurbs which keep popping up on the right-hand side corner, or underneath your apps on the left side of your page, are a mix of advertisements as well as Facebook’s way of further profiling you. Facebook calls them “Suggestions” that add to your social personality, but they are just ads. The good news is that you can now block these permanently.

Take control now: What you need is an ad-blocking add-on for your browser. The best in the market is GreaseMonkey, which works as an add-on for Mozilla Firefox, Google Chrome, Opera and Internet Explorer. Run it and you will be able to customize the way your Facebook page is displayed or behaves by using small bits of JavaScript. On your browser, go to Tools > Add-ons > GreaseMonkey. Click install. Once the basic add-on is installed, it will direct you to http://userscripts.org, which is an open-source, online space for free scripts that can be installed into GreaseMonkey. Find Remove All Facebook Ads in the list and install it. Google Chrome has a basic extension which is called Hide Facebook Ads, which effectively blocks the ads on your Facebook page.

Customize your Facebook page

Bored to death with the classic Facebook blue and white? There’s help at hand to see your Facebook page in a new, stylized version.

Take control now: Download and install an add-on called Stylish in Mozilla Firefox. Then go to Userstyles.org and choose a theme you want to install. Click on Load Into Stylish. Once the theme is successfully loaded, choose it from a small icon on the right corner and activate the theme. Refresh and enjoy the new look.

Block unwanted applications

How does an application you haven’t given access to know your birth date? The answer is your friends. Even though your settings might be sealed and set, you are vulnerable if your friends don’t care who’s accessing their information—and most of them don’t. Applications on Facebook can harvest not only a person’s birth of date or city of residence, but also that of their friends. As Facebook writes, the applications "may access any information you have made visible to Everyone as well as your publicly available information". Publicly available information "includes your Name, Profile Picture, Gender, Current City, Networks, Friend List, and Pages". Facebook offers a way for you to control what your friends can share about you with these applications. It’s a well-hidden section under Accounts called Facebook Ads.

Take control now: To check which applications are using what from your profile, go to Account > Privacy Settings > Apps and Websites. Block any of the apps you haven’t used for a couple of months and don’t remember when you gave access to. Cut down the information accessible to other applications through your friends by unmarking under "Info accessible through your friends". If you don’t want the "suggestions" that Facebook makes about the pages that your friends "Like", go to Account > Account Settings > Facebook Ads. Choose "No one" for both “Ads shown by third Parties" as well as "Ads and friends".

Remove yourself from Facebook & Google Search

Now you can avoid unwanted attention from generic Google and Facebook name searches with a simple privacy setting to turn off your public visibility.

Take control now: Go to Account > Privacy Settings > Connecting on Facebook. Click on View Settings and under it, and in the options under "Search for you on Facebook", select Friends or Friends of Friends.

Add a dislike button

Tired of no option but to "Like" comments, links and silly photos on Facebook? Now you can install a Dislike button to show your hatred of everything inane that people put on your wall.

Take control now: The Dislike button comes with an add-on called Facebook Dislike 1.2.3 by Thomas Moquet. It works on both Google Chrome and Firefox. Remember that you are the only one who will see that button. For your friends to see what you dislike, they need to install it too.

Illustration by Raajan/Mint

Write to us at businessoflife@livemint.com

This article first appeared in the Business of Life, Mint. The copyright of this article rests with Mint and no part of can be reproduced without prior permission. Please log on to http://www.livemint.com/articles/2011/05/24210434/Take-charge-of-Facebook.html.

For more details visit https://cis-india.org/news/take-charge-of-facebook

T20 Regional Consultation Meeting

praskrishna — 2015-10-19T01:17:54Z

For more details visit https://cis-india.org/a2k/blogs/t20-regional-consultation-meeting

Syllabus: “Policy and regulation conducive to rapid ICT sector growth in Myanmar: An introductory course”

praskrishna — 2013-10-24T03:56:31Z

A five-day course is being offered by LIRNEasia in collaboration with Myanmar ICT Development Organization, with support from the Open Society Foundation and the International Development Research Centre of Canada in Myanmar from September 28 to October 5, 2013.

Sunil Abraham will be supporting Prof. Samarajiva on the last optional day of this course in Yangon. Read about the Introductory course on “Policy and regulation conducive to rapid ICT sector growth in Myanmar”

Goal

To enable members of Myanmar civil-society groups (including academics and those from the media) to marshal available research and evidence for effective participation in policy and regulatory processes, thereby improving policy processes and helping achieve the government’s objective of providing ICT access to all.

Outcomes

The objective of the course is to produce discerning and knowledgeable consumers of research who are able to engage in an informed manner in ICT policy and regulatory processes in Myanmar. The course will benefit those working in government and operators as well.

At the end of the course attendees will:

Have an understanding of telecom policy and regulatory processes
Be able to find and assess relevant research & evidence
Be able to summarize the research in a coherent and comprehensive manner
Have the necessary tools to improve their communication skills

- Have some understanding of how media functions and how to effectively interact with media

Assignments

Participants will be formed into teams on Day1. Each group will work on an assignment that addresses both substantive and procedural aspects of law, policy and regulation. Teams will be assigned topic areas that are being developed into regulations under the new Act. They will have to make presentations on what the desirable provisions should be. We will emphasize the procedural aspects as well as the substantive. Disciplined and focused team presentations, preferably using slides, are required.

It is necessary to use the Internet for the assignments. All who have laptops are encouraged to bring them. Arrangements will be made for Internet connectivity at the hotel.

Tentative topic areas

Licensing and authorization regulations
Essential facilities and anti-competitive practices
Universal service policy
Price and quality regulation
Independence of regulatory agency

Course schedule

	Day 1 (September 28)	Day 2 (September 29)	Day 3 (September 30)	Day4 (October 1)	Day 5 (October 2) (optional)
09:00-10:30	S1 Introduction to course: What have been the results of reform & rationale for regulation. Rohan Samarajiva (RS)	S5 Regulatory legitimacy, including procedural legitimacy (RS)	S10 Challenges of monitoring complex license commitments (HG)	S14 How does the Internet work? (TBA)	S16 Internet governance The big picture. Sunil Abraham (SA)
10:30-11:00	Break	Break	Break	Break
11:00-12:00	S2 Interrogating supply-side indicators & research based on them. Helani Galpaya (HG)	S6 Current status of telecom law and policy in Myanmar (RS)	S11 How evidence is used in policy & regulation (panel discussion, KS, RS	S15 The art of media interaction (RS)	S17 Economic & technical interface with telecom industry (RS)
12:00-13:00	S3 Finding information on the web. Roshanthi Lucas Gunaratne (RLG)	S7 Presenting evidence in slides & written submissions (HG)	S12 Essential facilities and anti-competitive practices (RS)	A3 Mock public hearing (RS & panel)	S18 How Internet is governed within India (SA)
13:00-14:00	Lunch	Lunch	Lunch	Lunch
14:00-15:00	A1 Group formation; Assignment explained (HG and RLG)	S8 Licensing and authorization (RS)	A2 Midpoint check on assignment/group work (HG and RLG)	A4 Mock public hearing & critique (RS & panel)	S19 Content regulation (TBA)
15:00-15:30	Break	Break	Break
15:30-17:00	S4 Demand-side research (RS)	S9 Price and quality regulation (RS & HG)	S13 Universal service subsidies: Theory & practice (RS & KS)	Reflection on the course	S20 Surveillance & privacy (SA & RS)
17:00	Group work	Group work	Group work
19:00	Welcome dinner Speaker: TBA

Faculty

Sunil Abraham is the Executive Director of CIS. He is also a social entrepreneur and Free Software advocate. He founded Mahiti in 1998 which aims to reduce the cost and complexity of Information and Communication Technology for the Voluntary Sector by using Free Software. Today, Mahiti employs more than 50 engineers and Sunil continues to serve on the board as a board member. Sunil was elected an Ashoka fellow in 1999 to 'explore the democratic potential of the Internet' and was granted a Sarai FLOSS fellowship in 2003. Between June 2004 and June 2007, he managed the International Open Source Network, a project of the UNDP's Asia-Pacific Development Information Programme serving 42 countries in the Asia-Pacific region. Between September 2007 and June 2008, he also managed ENRAP, an electronic network of International Fund for Agricultural Development projects in the Asia-Pacific facilitated and co-funded by International Development Research Centre, Canada.

Helani Galpaya is LIRNEasia’s Chief Executive Officer. Helani leads LIRNEasia’s 2012-2014 IDRC funded research on improving customer life cycle management practices in the delivery of electricity and e-government services using ICTs. She recently completed an assessment of how the poor in Bangladesh and Sri Lanka use telecenters to access government services. For UNCTAD and GTZ she authored a report on how government procurement practices can be used to promote a country’s ICT sector and for the World Bank/InfoDev Broadband Toolkit, a report on broadband strategies in Sri Lanka. She has been an invited speaker at various international forums on topics ranging from m-Government to ICT indicators to communicating research to policy makers. Prior to LIRNEasia, Helani worked at the ICT Agency of Sri Lanka, implementing the World-Bank funded e-Sri Lanka initiative. Prior to her return to Sri Lanka, she worked in the United States at Booz & Co., Marengo Research, Citibank, and Merrill Lynch. Helani holds a Masters in Technology and Policy from the Massachusetts Institute of Technology, and a Bachelor’s in Computer Science from Mount Holyoke College, USA.

Roshanthi Lucas Gunaratne is a Research Manager at LIRNEasia and is currently managing the Ford Foundation Funded project on Giving Broadband Access to the Poor in India. She is also contributing to the IDRC Customer Lifecycle Management Practices Project by conducting research on customer lifecycle management practices in telecommunication sector in Bangladesh. Before joining LIRNEasia, Roshanthi worked at the Global Fund to fight AIDS, Tuberculosis and Malaria, Geneva, Switzerland as a Strategic Information Officer. She contributed to the process of defining the Global Fund Key Performance Indicators, and also worked on improving the performance measurements of their grants. Prior to that, she worked as a telecom project manager at Dialog Telecom, and Suntel Ltd in Sri Lanka. As Suntel she managed the design and implementation of corporate customer projects. She holds a MBA from the Judge Business School, University of Cambridge, UK and a BSc. Eng (Hons) specializing in Electronics and Telecommunication from the University of Moratuwa, Sri Lanka.

Rajat Kathuria, PhD

Rohan Samarajiva, PhD, is founding Chair of LIRNEasia, an ICT policy and regulation think tank active across emerging Asian and Pacific economies. He was Team Leader at the Sri Lanka Ministry for Economic Reform, Science and Technology (2002-04) responsible for infrastructure reforms, including participation in the design of the USD 83 million e-Sri Lanka Initiative. He was Director General of Telecommunications in Sri Lanka (1998-99), a founder director of the ICT Agency of Sri Lanka (2003-05), Honorary Professor at the University of Moratuwa in Sri Lanka (2003-04), Visiting Professor of Economics of Infrastructures at the Delft University of Technology in the Netherlands (2000-03) and Associate Professor of Communication and Public Policy at the Ohio State University in the US (1987-2000). Dr. Samarajiva was also Policy Advisor to the Ministry of Post and Telecom in Bangladesh (2007-09).

Koesmarihati Sugondo

Resource Material

infodev, ICT regulation toolkit. http://www.ictregulationtoolkit.org/en/Index.html

infoDev. Broadband strategies toolkit. http://broadbandtoolkit.org/en/toolkit/contents

infoDev (2011). Tenth anniversary telecom regulation handbook. http://www.infodev.org/En/Publication.1057.html

ITU (2011). The role of ICT in advancing growth in least developed countries: Trends, challenges and opportunities. Geneva: ITU. http://www.itu.int/ITU-D/ldc/turkey/docs/The_Role_of_ICT_in_Advancing_Growth_in_LDCs_Trends_Challenges_and_Opportunities.pdf

Samarajiva, Rohan (2000). The role of competition in institutional reform of telecommunications: Lessons from Sri Lanka, Telecommunications Policy, 24(8/9): 699-717. http://www.comunica.org/samarajiva.html

Samarajiva, Rohan (2002). Why regulate?, chapter 2 of Effective regulation: Trends in Telecommunication Reform 2002. Geneva: International Telecommunication Union.

Samarajiva, Rohan (2006). Preconditions for effective deployment of wireless technologies for development in the Asia-Pacific, Information Technology and International Development, 3(2): 57-71. http://itidjournal.org/itid/article/view/224/94

Samarajiva, Rohan & Zainudeen, Ayesha (2008). ICT infrastructure in emerging Asia: Policy and regulatory roadblocks, New Delhi & Ottawa: Sage & IDRC http://www.idrc.ca/en/ev-117916-201-1-DO_TOPIC.html

For more details visit https://cis-india.org/news/policy-and-regulation-conducive-to-rapid-ict-growth-in-myanmar

Swatantra 2014: Fifth International Free Software Conference, Kerala

praskrishna — 2014-12-28T02:44:19Z

ICFOSS, Govt. of Kerala organized the fifth international Free Software Conference at Hotel Hycinth by Sparsa, Trivandrum from December 18 - 20, 2014. The Centre for Internet and Society was one of the organizations supporting the event. Prof. Subbiah Arunachalam was a speaker and made a presentation on Open Science.

Click to download Prof. Arunachalam's presentation on Open Science here. For more details see the ICFOSS web page. T. Vishnu Vardhan chaired a session on Wikimedia and Access to Knowledge in India and Rahimanuddin Shaik co-presented on Making DLI Accessible. The programme schedule can be seen here.

Theme: Free Software for a Free World

About Swatantra 2014

After India's first-ever Free Software event, “Freedom First!” that was convened in Trivandrum in 2001, Kerala had organized international Free Software conferences in 2005, 2008, and 2011. These conferences were an occasion to highlight Kerala's achievements in the domain of Free Software, as well as to bring together the community to discuss priorities and action items.

ICFOSS is proud to present the fifth international Free Software conference of Kerala, Swatantra 2014, scheduled during 18-20 December 2014 at Thiruvananthapuram.

The theme of the conference is “Free Software for a Free World”. This reflects emerging concerns that citizens and communities face vis-a-vis privacy, online rights & freedoms, and security at the global level. Free Software provides a viable alternative to proprietary software which often compromises on these aspects. Further, Free Software also provides a technologically robust and cost effective alternative to other genres of software for all public uses, notably in Academia, Government, and personal computing, and even in the Arts & Culture domains.

International dignitaries participating at the Conference include Dr. Richard Stallman and Ms. Nina Paley. Several luminaries from the FOSS world within the country are also expected to take part.

About 150-200 Free Software enthusiasts, including practitioners, developers, researchers, academics, students, as well as representatives from civil society institutions, industry and the Government are expected to participate in the three-day conference.

Supported by

FSF-India
Centre for Internet and Society, Bangalore
SFLC.IN, Delhi
Swathanthra Malayalam Computing
FOSSEE, IIT-B
SPACE
DCBB, Kerala University
Spoken Tutorials, IIT-B
IEEE Kerala Section

For more details visit https://cis-india.org/openness/news/swatantra-2014-icfoss-december-18-20-2014-fifth-international-free-software-conference-in-kerala

Sustainable Smart Cities India Conference 2015, Bangalore

vanya — 2015-09-21T02:24:19Z

Nispana Innovative Platforms organized a Sustainable Smart Cities India Conference 2015, in Bangalore on 3rd and 4th September, 2015. The event saw participation from people across various sectors including Government Representatives from Ministries, Municipalities, Regulatory Authorities, as well as Project Management Companies, Engineers, Architects, Consultants, Handpicked Technology Solution Providers and Researchers. National and International experts and stakeholders were also present to discuss the opportunities and challenges in creating smart and responsible cities as well as citizens, and creating a roadmap for converting the smart cities vision into a reality that is best suited for India.

The objective of the conference was to discuss the meaning of a smart city, the promises made, the challenges and possible solutions for implementation of ideas by transforming Indian Cities towards a Sustainable and Smart Future.

Smart Cities Mission

Considering the pace of rapid urbanization in India, it has been estimated that the urban population would rise by more than 400 million people by the year 2050[1] and would contribute nearly 75% to India’s GDP by the year 2030. It has been realized that to foster such growth, well planned cities are of utmost importance. For this, the Indian government has come up with a Smart Cities initiative to drive economic growth and improve the quality of life of people by enabling local area development and harnessing technology, especially technology that leads to Smart outcomes.

Initially, the Mission aims to cover 100 cities across the countries (which have been shortlisted on the basis of a Smart Cities Proposal prepared by every city) and its duration will be five years (FY2015-16 to FY2019-20). The Mission may be continued thereafter in the light of an evaluation to be done by the Ministry of Urban Development (MoUD) and incorporating the learnings into the Mission. This initiative aims to focus on area-based development in the form of redevelopment, or developing new areas (Greenfield) to accommodate the growing urban population and ensure comprehensive planning to improve quality of life, create employment and enhance incomes for all, especially the poor and the disadvantaged.[2]

What is being done?

The Smart City Mission will be operated as a Centrally Sponsored Scheme (CSS) and the Central Government proposes to give financial support to the Mission to the extent of Rs. 48,000 crores over five years i.e. on an average Rs. 100 crore per city per year.The Government has come up with 2 missions:Atal Mission for Rejuvenation and Urban Transformation (AMRUT) and Smart Cities Mission for the purpose of achieving urban transformation.The vision is to preserve India’s traditional architecture, culture & ethnicity while implementing modern technology to make cities livable, use resources in a sustainable manner and create an inclusive environment. Additionally, Foreign Direct Investment regulations have been relaxed to invite foreign capital and help into the Smart City Mission.

What is a Smart City?

Over the two-day conference, various speakers shared a common sentiment that the Governments’ mission does not clearly define what encompasses the idea of a Smart City. There is no universally accepted definition of a Smart City and its conceptualization varies from city to city and country to country.

A global consensus on the idea of a smart city is a city which is livable, sustainable and inclusive. Hence, it would mean a city which has mobility, healthcare, smart infrastructure, smart people, traffic maintenance, efficient waste resource management, etc.

Also, there is a global debate at United Nations regarding developmental goals. One of these goals is gender equality which is very important for the smart city initiative. According to this, a smart city must be such where the women have a life free from violence, must be made to participate and are economically empowered.

Promises

The promises of the Smart City mission include:

Make a sustainable future, reduce carbon footprint, adequate water supply, assured electricity supply, proper sanitation, including solid waste management, efficient urban mobility and public transport, affordable housing especially for the poor, robust IT connectivity and digitalization, good governance, especially e-Governance and citizen participation, sustainable environment, safety and security of citizens, particularly women, children and the elderly, and health and education.

The vision is to preserve country’s traditional architecture, culture & ethnicity while implementing modern technology. It was discussed how the Smart City Mission is currently attracting global investment, will create new job opportunities, improve communications and infrastructure, decrease pollution and ultimately improve the quality of living.

Challenges

The main challenges for implementation of these objectives are with respect to housing, dealing

with existing cities and adopting the idea of retro-fitting.

Also, another challenge is that of eradicating urban poverty, controlling environment degradation, formulating a fool-proof plan, proper waste management mechanism, widening roads but not at the cost of pedestrians and cyclist and building cities which are inclusive and cater to the needs of women, children and disabled people.

Some of the top challenges will include devising a fool-proof plan to develop smart cities, meaningful public-private partnership, increasing the renewable energy, water supply, effective waste management, traffic management, meeting power demand, urban mobility, ICT connectivity, e-governance, etc., while preparing for new threats that can emerge with implementation of these new technologies.

What needs to be done?

The following suggestions were made by the experts to successfully implement government’s vision of creating successful smart cities in India.

Focus on the 4 P’s: Public-Private-People Partnership since people very much form a part of the cities.
Integration of organizations, government bodies, and the citizens. The Government can opt for a sentiment analysis.
Active participation by state governments since Land is a state subject under the Constitution. There must be a detailed framework to monitor the progress and the responsibilities must be clearly demarcated.
Detailed plans, policies and guidelines
Strengthen big data initiatives
Resource maximization
Make citizens smart by informing them and creating awareness
Need for competent people to run the projects
Visionary leadership
Create flexible and shared spaces for community development.

National/International case studies

Several national and international case studies were discussed to list down practical challenges to enable the selected Indian cities learn from their mistakes or include successful schemes in their planning from its inception.

Amsterdam Smart City: It is said to be a global village which was transformed into a smart city by involving the people. They took views of the citizens to make the plan a success. The role of big data and open data was highly emphasized. Also, it was suggested that there must be alignment with respect to responsibilities with the central, state and district government to avoid overlap of functions. The city adopted smart grid integration to make intelligent infrastructure and subsidized initiatives to make the city livable.
GIFT City, Gujarat: This is an ICT based sustainable city which is a Greenfield development. It is strategically situated. One of the major features of the City is a utility tunnel for providing repair services and the top of the tunnel can be utilized as a walking/jogging track. The city has smart fire safety measures, wide roads to control traffic, smart regulations.
TEL AVIV Smart City, Israel: It has been named as the Mediterranean cool city with young and free spirted people. The city comprises of creative class with 3 T’s-talent, technology and tolerance. The city welcomes startups and focuses on G2G, G2C and C2C initiatives by adopting technologically equipped initiatives for effective governance and community building programmes.

Participation

The event saw participation from people across various sectors including Government Representatives of Ministries, Municipalities, Regulatory Authorities, as well as Project Management Companies, Engineers, Architects, Consultants, Handpicked Technology Solution Providers and Researchers.

Foundation for Futuristic Cities: The conference saw participation from this think tank based out of Hyderabad working on establishing vibrant smart cities for a vibrant India. They are currently working on developing a "Smart City Protocol" for Indian cities collaborating with Technology, Government and Corporate partners by making a framework for Smart Cities, Big Data and predictive analytics for safe cities, City Sentiment Analysis, Situation Awareness Tools and mobile Apps for better city life by way of Hackathons and Devthons.
Centre for SMART cities, Bangalore: This is a research organization which aims to address the challenge of collaborating and sharing knowledge, resources and best practices that exist both in the private sector and governments/municipal bodies in a usable form and format.
BDP – India (Studio Leader – Urbanism): The Organization is based out of Delhi and is involved in providing services relating to master planning, urbanism, design and landscape design. The team includes interior designers, engineers, urbanists, sustainability experts, lighting designers, etc. The vision is to help build and create high quality, effective and inspiring built spaces.
UN Women: It is a United Nations Organization working on gender equality, women empowerment and elimination of discrimination. They strive to strengthen rights of women by working with women, men, feminists, women’s networks, governments, local authorities and civil society to create national strategies to advance gender equality in line with national and international priorities. The UN negotiated the 2030 Agenda for Sustainable Development in August 2015 (which would be formally adopted by World leaders in September 2015) and it feature 17 sustainable development goals, one of them being achievement of gender equality and empowerment of all women and girls.
Elematic India Pvt. Ltd.: The Company is a leading supplier of precast concrete technology worldwide providing smart solutions for concrete buildings to help enable build smart cities with safe infrastructure.

Conclusion

The event discussed in great detail about what a smart city would look like in a country like India where every city has different demographics, needs and resources.

The Participants had a mutual understanding that a city is not gauged by its length and width, but by the broadness of its vision and height of its dream. The initiative of creating smart cities would echo across the country as a whole and would not be limited to the urban centers. Hence, the plan must be inclusive in implementation and right from its inception, the people and their needs must be given due consideration to make it a success. The issue of the road ahead was resonating in the minds of many, as to how would this exactly happen. Hence, the first step, as was suggested by the experts, was to involve the citizens by primarily informing them, taking their suggestions and planning the project for every city accordingly. While focusing on cities which would be made better by human ingenuity and technology, along with building mechanism for housing, commerce, transportation and utilities, it must not be forgotten that technology is timely, but culture is timeless. The cities must not be faceless and community space must be built with walkable spaces with smart utilization of limited resources. Also, it must be ensured that the cities do not cater to the needs of the elite and skilled population, but also the less privileged community. Adequate urban mapping must be done to ensure placement for community facilities, such as restrooms, trash bins, and information kiosks.

A story shared from personal experience by an expert Architect in building Green infrastructure was highly instrumental in setting the tone of the conference and is bound to stay with many of the participants. The son of the Architect, a small child from Baroda left his father speechless when he questioned him about the absence of butterflies from the Big City of Mumbai since he used to play with butterflies every morning in his hometown in Gujarat. The incident was genuinely thought provoking and left every architect, government representative and engineer thinking that before they step on to build a smart cities with technologically equipped infrastructure and utilities - can we, as a country, come together and ensure to build a smart city with butterflies? Can we pay equal attention to sustainability, environment and requirements of a community in the smart city that is envisioned by the Government to make the city livable and inclusive?

Questions that I, as a participant, am left with are:

Building a Greenfield project is comparatively easier than upgrading the existing cities into Smart ones, which requires planning and optimum utilization of resources. The role of local bodies needs to be strengthened which would primarily require skilled workforce, beginning from planning to execution. Therefore, what must be done to make the current cities “Smarter” and how encourage and fund ordinary citizens to redefine and prioritize local needs?
The conference touched upon the need for a well-planned policy framework to govern the smart cities; however, what was missing was a discussion on the kind of policies that would be required for every city to ensure governance and monitor the operations. Chalking out well thought of urban policies is the first step towards implementation of the Project and requires deliberation in this regard.
The Government plans seem to cater to the needs of a handful of sections of the society and must focus on safety of women, chalk out initiatives to build basic utilities like public toilets, plan the infrastructure keeping in mind the disabled individuals, etc.

This is of paramount importance since it is necessary for the Government to consider who would be the potential inhabitants of these future smart cities and what would be their particular needs. Before the cities are made better by use of technology, there is a requirement of more toilets as a basic utility. Thus, instead of focusing on technological advancement as the sole foundation to make lives of the people easy, the cities must have provision of utilities which are accessible to develop livable smart cities. Hence, what measures would the Government and other bodies involved in the plan take to ensure that the urban enclaves would not oversee the under privileged class?

Another issue that went unnoticed during the two-day event was pertaining to the Fundamental Rights of individuals within the city. For example, the right of privacy, right to access services and utilities, right to security, etc. These basic rights must be given due recognition by the smart city developers to uphold the spirit of these internationally accepted Human Rights principles. Therefore, it is important to ask how these future cities are going to address the rights of its people in the cities?

Apart from plans of working on waste management, another important factor that must not be overlooked is sustainability in terms of maximization of the available resources in the best possible ways and techniques to be adopted to stop the fast paced degradation of the environment.

The conference could suggest more solutions to adopt measures like rain water harvesting, better sewage management in the existing cities.

Also, the importance of big data in building the smart cities was emphasized by many experts. However, the question of regulation of data being generated and released was not talked about. Use of big data analytics involves massive streaming of data which required regulation and control over its use and generation to ensure such information is not misutilised in any way. In such a scenario, how would these cities regulate and govern big data techniques to make the infrastructure and utilities technologically efficient on one hand, but also to use the large data sets in a monitored fashion on the other?

An answer to these crucial issues and questions would have brought about a lot of clarity in minds of all the officials, planners and the potential residents of the Smart Cities in India.

[1] 2014 revision of the World Urbanization Prospects, United Nations, Department of Economic and Social Affairs, July 2014, Available at : http://www.un.org/en/development/desa/publications/2014-revision-world-urbanization-prospects.html

[2] Smart Cities, Mission Statement and Guidelines, Ministry of Urban Development, Government of India, June 2015, Available at : http://smartcities.gov.in/writereaddata/SmartCityGuidelines.pdf

For more details visit https://cis-india.org/internet-governance/blog/sustainable-smart-cities-india-conference-2015-bangalore

Surveillance in India: Policy and Practice

praskrishna — 2017-03-15T01:05:07Z

The National Institute of Public Finance and Policy organized a brainstorming session on net neutrality on February 8, 2017 and a public seminar on surveillance in India the following day on February 9, 2017 in New Delhi. Pranesh Prakash gave a talk.

Pranesh presented a narrative of the current state of surveillance law, our knowledge of current surveillance practices (including noting where programmes like Natgrid, CMS, etc. fit in), and charted a rough map of reforms needed and outstanding policy research questions.

Pranesh Prakash

Pranesh Prakash is a Policy Director at - and was part of the founding team of - the Centre for Internet and Society, a non-profit organisation that engages in research and policy advocacy. He is also the Legal Lead at Creative Commons India and an Affiliated Fellow at the Yale Law School's Information Society Project, and has been on the Executive Committee of the NCUC at ICANN. In 2014, he was selected by Forbes India for its inaugural "30 under 30" list of young achievers, and in 2012 he was recognized as an Internet Freedom Fellow by the U.S. government.

His research interests converge at the intersections of technology, culture, economics, law, and justice. His current work focuses on interrogating, promoting, and engaging with policymakers on the areas of access to knowledge (primarily copyright reform), 'openness' (including open government data, open standards, free/libre/open source software, and open access), freedom of expression, privacy, digital security, and Internet governance. He is a prominent voice on these issues, with the newspaper Mint calling him “one of the clearest thinkers in this area”, and his research having been quoted in the Indian parliament. He regularly speaks at national and international conferences on these topics. He has a degree in arts and law from the National Law School in Bangalore, and while there he helped found the Indian Journal of Law and Technology, and was part of its editorial board for two years.

Click here to see the agenda for the brainstorming session on net neutrality.

Video

For more details visit https://cis-india.org/internet-governance/news/surveillance-in-india-policy-and-practice

Surveillance and the Indian Constitution - Part 1: Foundations

pranesh — 2014-01-23T15:12:30Z

In this insightful seven-part series, Gautam Bhatia looks at surveillance and the right to privacy in India from a constitutional perspective, tracing its genealogy through Supreme Court case law and compares it with the law in the USA.

Note: This was originally posted on the Indian Constitutional Law and Philosophy blog.

On previous occasions, we have discussed the ongoing litigation in ACLU v. Clapper in the United States, a challenge to the constitutionality of the National Security Agency’s (NSA) bulk surveillance program. Recall that a short while after the initial Edward Snowden disclosures, The Hindu revealed the extent of domestic surveillance in India, under the aegis of the Central Monitoring System (CMS). The CMS (and what it does) is excellently summarized here. To put thing starkly and briefly:

“With the C.M.S., the government will get centralized access to all communications metadata and content traversing through all telecom networks in India. This means that the government can listen to all your calls, track a mobile phone and its user’s location, read all your text messages, personal e-mails and chat conversations. It can also see all your Google searches, Web site visits, usernames and passwords if your communications aren’t encrypted.”

The CMS is not sanctioned by parliamentary legislation. It also raises serious privacy concerns. In order to understand the constitutional implications, therefore, we need to investigate Indian privacy jurisprudence. In a series of posts, we plan to discuss that.

Privacy is not mentioned in the Constitution. It plays no part in the Constituent Assembly Debates. The place of the right – if it exists – must therefore be located within the structure of the Constitution, as fleshed out by judicial decisions. The first case to address the issue was M. P. Sharma v. Satish Chandra, in 1954. In that case, the Court upheld search and seizure in the following terms:

"A power of search and seizure is in any system of jurisprudence an overriding power of the State for the protection of social security and that power is necessarily regulated by law. When the Constitution makers have thought fit not to subject such regulation to Constitutional limitations by recognition of a fundamental right to privacy, analogous to the American Fourth Amendment, we have no justification to import it, into a totally different fundamental right. by some process of strained construction."

The right in question was 19(1)(f) – the right to property. Notice here that the Court did not reject a right to privacy altogether – it only rejected it in the context of searches and seizures for documents, the specific prohibition of the American Fourth Amendment (that has no analogue in India). This specific position, however, would not last too long, and was undermined by the very next case to consider this question, Kharak Singh.

In Kharak Singh v. State of UP, the UP Police Regulations conferred surveillance power upon certain “history sheeters” – that is, those charged (though not necessarily convicted) of a crime. These surveillance powers included secret picketing of the suspect’s house, domiciliary visits at night, enquiries into his habits and associations, and reporting and verifying his movements. These were challenged on Article 19(1)(d) (freedom of movement) and Article 21 (personal liberty) grounds. It is the second ground that particularly concerns us.

As a preliminary matter, we may observe that the Regulations in question were administrative – that is, they did not constitute a “law”, passed by the legislature. This automatically ruled out a 19(2) – 19(6) defence, and a 21 “procedure established by law” defence – which were only applicable when the State made a law. The reason for this is obvious: fundamental rights are extremely important. If one is to limit them, then that judgment must be made by a competent legislature, acting through the proper, deliberative channels of lawmaking – and not by mere administrative or executive action. Consequently – and this is quite apart from the question of administrative/executive competence - if the Police Regulations were found to violate Article 19 or Article 21, that made them ipso facto void, without the exceptions kicking in. (Paragraph 5)

It is also important to note one other thing: as a defence, it was expressly argued by the State that the police action was reasonable and in the interests of maintaining public order precisely because it was “directed only against those who were on proper grounds suspected to be of proved anti-social habits and tendencies and on whom it was necessary to impose some restraints for the protection of society.” The Court agreed, observing that this would have “an overwhelming and even decisive weight in establishing that the classification was rational and that the restrictions were reasonable and designed to preserve public order by suitable preventive action” – if there had been a law in the first place, which there wasn’t. Thus, this issue itself was hypothetical, but what is crucial to note is that the State argued – and the Court endorsed – the basic idea that what makes surveillance reasonable under Article 19 is the very fact that it is targeted – targeted at individuals who are specifically suspected of being a threat to society because of a history of criminality.

Let us now move to the merits. The Court upheld secret picketing on the ground that it could not affect the petitioner’s freedom of movement since it was, well secret – and what you don’t know, apparently, cannot hurt you. What the Court found fault with was the intrusion into the petitioner’s dwelling, and knocking at his door late at night to wake him up. The finding required the Court to interpret the meaning of the term “personal liberty” in Article 21. By contrasting the very specific rights listed in Article 21, the Court held that:

“Is then the word “personal liberty” to be construed as excluding from its purview an invasion on the part of the police of the sanctity of a man’s home and an intrusion into his personal security and his right to sleep which is the normal comfort and a dire necessity for human existence even as an animal? It might not be inappropriate to refer here to the words of the preamble to the Constitution that it is designed to “assure the dignity of the individual” and therefore of those cherished human value as the means of ensuring his full development and evolution. We are referring to these objectives of the framers merely to draw attention to the concepts underlying the constitution which would point to such vital words as “personal liberty” having to be construed in a reasonable manner and to be attributed that these which would promote and achieve those objectives and by no means to stretch the meaning of the phrase to square with any preconceived notions or doctrinaire constitutional theories.” (Paragraph 16)

A few important observations need to be made about this paragraph. The first is that it immediately follows the Court’s examination of the American Fifth and Fourteenth Amendments, with their guarantees of “life, liberty and property…” and is, in turn, followed by the Court’s examination of the American Fourth Amendment, which guarantees the protection of a person’s houses, papers, effects etc from unreasonable searches and seizures. The Court’s engagement with the Fourth Amendment is ambiguous. It admits that “our Constitution contains no like guarantee…”, but holds that nonetheless “these extracts [from the 1949 case, Wolf v Colorado] would show that an unauthorised intrusion into a person’s home and the disturbance caused to him thereby, is as it were the violation of a common law right of a man – an ultimate essential of ordered liberty”, thus tying its own holding in some way to the American Fourth Amendment jurisprudence. But here’s the crucial thing: at this point, American Fourth Amendment jurisprudence was propertarian based – that is, the Fourth Amendment was understood to codify – with added protection – the common law of trespass, whereby a man’s property was held sacrosanct, and not open to be trespassed against. Four years later, in 1967, in Katz, the Supreme Court would shift its own jurisprudence, to holding that the Fourth Amendment protected zones where persons had a “reasonable expectation of privacy”, as opposed to simply protecting listed items of property (homes, papers, effects etc). Kharak Singh was handed down before Katz. Yet the quoted paragraph expressly shows that the Court anticipated Katz, and in expressly grounding the Article 21 personal liberty right within the meaning of dignity, utterly rejected the propertarian-tresspass foundations that it might have had. To use a phrase invoked by later Courts – in this proto-privacy case, the Court already set the tone by holding it to attach to persons, not places.

While effectively finding a right to privacy in the Constitution, the Court expressly declined to frame it that way. In examining police action which involved tracking a person’s location, association and movements, the Court upheld it, holding that “the right of privacy is not a guaranteed right under our Constitution and therefore the attempt to ascertain the movements of an individual which is merely a manner in which privacy is invaded is not an infringement of a fundamental right guaranteed by Part III.”

The “therefore” is crucial. Although not expressly, the Court virtually holds, in terms, that tracking location, association and movements does violate privacy, and only finds that constitutional because there is no guaranteed right to privacy within the Constitution. Yet.

In his partly concurring and partly dissenting opinion, Subba Rao J. went one further, by holding that the idea of privacy was, in fact, contained within the meaning of Article 21: “it is true our Constitution does not expressly declare a right to privacy as a fundamental right, but the said right is an essential ingredient of personal liberty.” Privacy he defined as the right to “be free from restrictions or encroachments on his person, whether those restrictions or encroachments are directly imposed or indirectly brought about by calculated measures.” On this ground, he held all the surveillance measures unconstitutional.

Justice Subba Rao’s opinion also explored a proto-version of the chilling effect. Placing specific attention upon the word “freely” contained within 19(1)(d)’s guarantee of free movment, Justice Subba Rao went specifically against the majority, and observed:

“The freedom of movement in clause (d) therefore must be a movement in a free country, i.e., in a country where he can do whatever he likes, speak to whomsoever he wants, meet people of his own choice without any apprehension, subject of course to the law of social control. The petitioner under the shadow of surveillance is certainly deprived of this freedom. He can move physically, but he cannot do so freely, for all his activities are watched and noted. The shroud of surveillance cast upon him perforce engender inhibitions in him and he cannot act freely as he would like to do. We would, therefore, hold that the entire Regulation 236 offends also Art. 19(1)(d) of the Constitution.”

This early case, therefore, has all the aspects that plague the CMS today. What to do with administrative action that does not have the sanction of law? What role does targeting play in reasonableness – assuming there is a law? What is the philosophical basis for the implicit right to privacy within the meaning of Article 21’s guarantee of personal liberty? And is the chilling effect a valid constitutional concern?

We shall continue with the development of the jurisprudence in the next post.

You can follow Gautam Bhatia on Twitter

For more details visit https://cis-india.org/internet-governance/blog/surveillance-and-the-indian-consitution-part-1

Surat’s Massive Surveillance Network Should Cause Concern, Not Celebration

joe — 2014-09-06T03:05:13Z

The blog post examines the surveillance network of Surat, a city in Gujarat state in India.

The Surveillance System

Surat, a city in the state of Gujarat, has recently unveiled a comprehensive closed-circuit camera surveillance system that spans almost the entire city. This makes Surat the first Indian city to have a modern, real-time CCTV system, with eye-tracking software and night vision cameras, along with intense data analysis capabilities that older systems lack.

Similar systems are planned for cities across India, from Delhi to Punjab, even those that already have older CCTV programs in place. Phase I of the system, which is currently completed, consists of 104 CCTV cameras installed at 23 locations and a 280 square foot video wall at the police control room. The video wall is one of the largest in the country, according to the Times of India.

Narendra Modi, then the Gujarat chief minister, launched the project in January 2013, though the project was original conceptualized by police commissioner Rakesh Asthana, who has cited the CCTV system in Scotland Yard as his inspiration.

Phase II of the surveillance project will involve the installation of 550 cameras at 282 locations, and in the future, police plan to install over 5000 cameras across the city. Though other security systems, like those in Delhi, rely on lines from the state owned service provider MTNL, with limited bandwidth for their CCTV network, the Surat system has its own dedicated cables.

The security system was financed by a unique Public-Private Partnership (PPP) model, where a coalition of businesses, including many manufacturing units and representatives of Surat’s textile industry want to prevent crime. The many jewelers in the city also hoped it would limit thefts. In the model, businesses interested in joining the coalition contribute Rs 25 lakh as a one-time fee and the combined fees along with some public financing go to construct the city-wide system. The chairman of the coalition is always the Commissioner of Surat Police. Members of the coalition not only get a tax break, but also believe they are helping to create a safer city for their industries to thrive.

Arguments for the System

Bomb blasts in Ahmedabad in 2008 led the Gujarat police to consider setting up surveillance systems not just in Ahmedabad, according to Scroll.in, but in many cities including Surat. Terror attacks in Mumbai in 2008 and at the Delhi High Court in 2011 lent momentum to surveillance efforts, as did international responses to terror, such as the United Kingdom’s intensive surveillance efforts in response to 2005 bombing in London. The UK’s security system has become so comprehensive that Londoners are caught on camera over 300 times a day on average. The UK’s CCTV systems cost over £500 million between 2008 and 2012, and one single crime has been solved in London for every 1,000 cameras each year, according to 2008 Metropolitan Police figures.

However, citizens in London may feel safer in their surveillance state knowing that the Home Office of the United Kingdom regulates how CCTV systems are used to ensure that cameras are being used to protect and not to spy. The UK’s Surveillance Camera Code of Practice outlines a thorough system of safeguards that make CCTV implementation less open to abuse. India currently has no comparable regulation.

The combined government worries of terrorism and business owners desire to prevent crime led to Surat’s unique PPP, ournalist Suarav Datta’s article in Scroll.in continues. Though the Surat Municipal Corporation invested Rs 2 crore, business leaders demonstrated their support for the surveillance system by donating the remaining Rs 10 crore required to build the first phase system. Phase II will cost Rs 21 crore, with the state government investing Rs 3 crore and business groups donating the other Rs 18 crore. This finance model demonstrates both public and private support for the CCTV system.

Why CCTV systems may do more harm than good

Despite hopes that surveillance through CCTV systems may prevent terrorism and crime, evidence suggests that it is not as much of a golden bullet as its proponents believe. In the UK, for example, where surveillance is practice extensively, the number of crimes captured on camera dropped significantly in 2010, because there were so many cameras that combing through all the hours footage was proving to be an exercise in futility for many officers. According to Suaray Datta’s article on Scroll.in, potential offenders in London either dodge cameras or carry out their acts in full view of them, which detracts from the argument that cameras deter crime. Additionally, prosecutors allege that the CCTV systems are of little value in court, because the quality of the footage is so low that it cannot provide conclusive proof of identities.

A 2008 study in San Francisco showed that surveillance cameras produce only a placebo effect–they do not deter crime, they just move it down the block, away from the cameras. In Los Angeles, more dramatically, there was little evidence that CCTV cameras helped detect crime, because in high traffic areas the number of cameras and operators required is so high, and because the city’s system was privately funded, the California Research Bureau’s report noted that it was open to exploitation by private interests pursuing their own goals. Surat’s surveillance efforts are largely privately funded too, a vulnerability that could lead to miscarriages of justice if private security contractors were to gain to security footage.

More evidence of the ineffectiveness of CCTV surveillance comes in the Boston marathon bombing of 2013 and the attack on the Indian parliament in 2001. In the case of the Boston bombing, release of CCTV footage to the general public led to rampant and unproductive speculation about the identity of the bomber, which resulted in innocent spectators being unfairly painted with suspicion.

India’s lack of regulation over CCTV’s also makes Surat’s new system susceptible to misuse. There is currently no strong legislation that protects citizens filmed on CCTV from having their images exploited or used inappropriately. Only police will have access to the recordings, Surat officials say, but the police themselves cannot always be trusted to adequately respect the rights of the citizens they are trying to protect.

The Report of the Group of Experts on Privacy acknowledges the lack of regulations on CCTV surveillance, and recommends that CCTV footage be legally protected from abuse. However, the Report notes that regulating CCTV surveillance to the standards of the National Privacy Principals they establish earlier in the report may not be possible for a number of reasons. First, it will be difficult to limit the quantity of information collected because the cameras are simply recording video of public spaces, and is unlikely that individuals will be able to access security footage of themselves. However, issues of consent and choice can be addressed by indicating that CCTV surveillance is taking place on entryways to monitored spaces.

Surat is not the first place in India to experiment with mass CCTV surveillance. Goa has mandated surveillance cameras in beach huts to monitor the huts and deter and detect crime. The rollout is slow and ongoing, and some of the penalties the cameras are intended to enforce seem too severe, such as potentially three months in prison for having too many beach chairs. More worryingly, there are still no laws ensuring that the footage will only be used for its proper law-enforcement objectives. Clear oversight is needed in Goa just as it is in Surat. The Privacy Commissioner outlined by the Report of the Group of Experts could be well suited to overseeing the proper administration of CCTV installations, just as the Commissioner would oversee digital surveillance.

Concerns of privacy and civil liberties appear to have flown out the window in Surat, with little public debate. It is unclear that Surat’s surveillance efforts will achieve any of their desired effects, but without needed safeguards they will present an opportunity for abuse. Perhaps CCTV initiatives need to be subjected to a little bit more scrutiny.

For more details visit https://cis-india.org/internet-governance/blog/surat-massive-surveillance-network-cause-of-concern-not-celebration

Supreme Court Order is a Good Start, but is Seeding Necessary?

Elonnai Hickok and Rohan George — 2015-09-07T13:21:58Z

This blog post seeks to unpack the ‘seeding’ process in the UIDAI scheme, understand the implications of the Supreme Court order on this process, and identify questions regarding the UID scheme that still need to be clarified by the court in the context of the seeding process.

Introduction

On August 11th 2015, in the writ petition Justice K.S Puttaswamy (Retd.) & Another vs. Union of India & Others1, the Supreme Court of India issued an interim order regarding the constitutionality of the UIDAI scheme. In response to the order, Dr. Usha Ramanathan published an article titled  'Decoding the Aadhaar judgment: No more seeding, not till the privacy issue is settled by the court' which, among other points, highlights concerns around the seeding of Aadhaar numbers into service delivery databases. She writes that "seeding' is a matter of grave concern in the UID project. This is about the introduction of the number into every data base. Once the number is seeded in various databases, it makes convergence of personal information remarkably simple. So, if the number is in the gas agency, the bank, the ticket, the ration card, the voter ID, the medical records and so on, the state, as also others who learn to use what is called the 'ID platform', can 'see' the citizen at will."2

Building off of this statement, this article seeks to unpack the 'seeding' process in the UIDAI scheme, understand the implications of the Supreme Court order on this process, and identify questions regarding the UID scheme that still need to be clarified by the Court in the context of the seeding process.

What is Seeding?

In the UID scheme, data points within databases of service providers and banks are organized via individual Aadhaar numbers through a process known as 'seeding'. The UIDAI has released two documents on the seeding process - "Approach Document for Aadhaar Seeding in Service Delivery Databases version 1.0" (Version 1.0)3 and "Standard Protocol Covering the Approach & Process for Seeding Aadhaar Number in Service Delivery Databases June 2015 Version 1.1" (Version 1.1)4

According to Version 1.0 "Aadhaar seeding is a process by which UIDs of residents are included in the service delivery database of service providers for enabling Aadhaar based authentication during service delivery."5 Version 1.0 further states that the "Seeding process typically involves data extraction, consolidation, normalization, and matching".6 According to Version 1.1, Aadhaar seeding is "a process by which the Aadhaar numbers of residents are included in the service delivery database of service providers for enabling de-duplication of database and Aadhaar based authentication during service delivery".7 There is an extra clause in Version 1.1's definition of seeding which includes "de-duplication" in addition to authentication.

Though not directly stated, it is envisioned that the Aadhaar number will be seeded into the databases of service providers and banks to enable cash transfers of funds. This was alluded to in the Version 1.1 document with the UIDAI stating "Irrespective of the Scheme and the geography, as the Aadhaar Number of a given Beneficiary finally has to be linked with the Bank Account, Banks play a strategic and key role in Seeding."8

How does the seeding process work?

The seeding process itself can be done through manual/organic processes or algorithmic/in-organic processes. In the inorganic process the Aadhaar database is matched with the database of the service provider - namely the database of beneficiaries, KYR+ data from enrolment agencies, and the EID-UID database from the UIDAI. Once compared and a match is found - for example between KYR fields in the service delivery database and KYR+ fields in the Aadhaar database - the Aadhaar number is seeded into the service delivery database.9

Organic seeding can be carried out via a number of methods, but the recommended method from the UIDAI is door to door collection of Aadhaar numbers from residents which are subsequently uploaded into the service delivery database either manually or through the use of a tablet or smart phone. Perhaps demonstrating the fact that technology cannot be used as a 'patch' for a broken or premature system, organic (manual) seeding is suggested as the preferred process by the UIDAI due to challenges such as lack of digitization of beneficiary records, lack of standardization in Name and Address records, and incomplete data.10

According to the 1.0 Approach Paper, to facilitate the seeding process, the UIDAI has developed an in house software known as Ginger. Service providers that adopt the Aadhaar number must move their existing databases onto the Ginger platform, which then organizes the present and incoming data in the database by individual Aadhaar numbers. This 'organization' can be done automatically or manually. Once organized, data can be queried by Aadhaar number by person's on the 'control' end of the Ginger platform.11

In practice this means that during an authentication in which the UIDAI responds to a service provider with a 'yes' or 'no' response, the UIDAI would have access to at least these two sets of data: 1.) Transaction data (date, time, device number, and Aadhaar number of the individual authenticating) 2.) Data associated to an individual Aadhaar number within a database that has been seeded with Aadhaar numbers (historical and incoming). According to the Approach Document version 1.0, "The objective here is that the seeding process/utility should be able to access the service delivery data and all related information in at least the read-only mode." 12 and the Version 1.1 document states "Software application users with authorized access should be able to access data online in a seamless fashion while providing service benefit to residents." 13

What are the concerns with seeding?

With the increased availability of data analysis and processing technologies, organisations have the ability to link disparate data points stored across databases in order that the data can be related to each other and thereby analysed to derive holistic, intrinsic, and/or latent assessments. This can allow for deeper and more useful insights from otherwise standalone data. In the context of the government linking data, such "relating" can be useful - enabling the government to visualize a holistic and more accurate data and to develop data informed policies through research14. Yet, allowing for disparate data points to be merged and linked to each other raises questions about privacy and civil liberties - as well as more intrinsic questions about purpose, access,  consent and choice.  To name a few, linked data can be used to create profiles of individuals, it can facilitate surveillance, it can enable new and unintended uses of data, and it can be used for discriminatory purposes.

The fact that the seeding process is meant to facilitate extraction, consolidation, normalization and matching of data so it can be queried by Aadhaar number, and that existing databases can be transposed onto the Ginger platform can give rise to Dr. Ramanthan's concerns. She argues that anyone having access to the 'control' end of the Ginger platform can access all data associated to a Aadhaar number, that convergence can now easily be initiated with databases on the Ginger platform,  and that profiling of individuals can take place through the linking of data points via the Ginger platform.

How does the Supreme Court Order impact the seeding process and what still needs to be clarified?

In the interim order the Supreme Court lays out four welcome clarifications and limitations on the UID scheme:

The Union of India shall give wide publicity in the electronic and print media including radio and television networks that it is not mandatory for a citizen to obtain an Aadhaar card;
The production of an Aadhaar card will not be condition for obtaining any benefits otherwise due to a citizen;
The Unique Identification Number or the Aadhaar card will not be used by the respondents for any purpose other than the PDS Scheme and in particular for the purpose of distribution of foodgrains, etc. and cooking fuel, such as kerosene. The Aadhaar card may also be used for the purpose of the LPG Distribution Scheme;
The information about an individual obtained by the Unique Identification Authority of India while issuing an Aadhaar card shall not be used for any other purpose, save as above, except as may be directed by a Court for the purpose of criminal investigation."15

In some ways, the court order addresses some of the concerns regarding the seeding of Aadhaar numbers by limiting the scope of the seeding process to the PDS scheme, but there are still a number of aspects of the scheme as they pertain to the seeding process that need to be addressed by the court.

These include:

The Process of Seeding

Prior to the Supreme Court interim order, the above concerns were quite broad in scope as Aadhaar could be adopted by any private or public entity - and the number was being seeded in databases of banks, the railways, tax authorities, etc. The interim order, to an extent, lessens these concerns by holding that  "The Unique Identification Number or the Aadhaar card will not be used by the respondents for any purpose other than the PDS Scheme…".

However, the Court could have perhaps been more specific regarding what is included under the PDS scheme, because the scheme itself is broad. That said, the restrictions put in place by the court create a form of purpose limitation and a boundary of  proportionality on the UID scheme. By limiting the purpose of the Aadhaar number to use in the PDS system, the  Aadhaar number can only be seeded into the databases of entities involved in the PDS Scheme, rather than any entity that had adopted the number. Despite this, the seeding process is an issue in itself for the following reasons:

Access: Embedding service delivery databases and bank databases with the Aadhaar number allows for the UIDAI or authorized users to access information in these databases. According to version 1.1 of the seeding document from the UIDAI - the UIDAI is carrying out the seeding process through 'seeding agencies'. These agencies can include private companies, public limited companies, government companies, PSUs, semi-government organizations, and NGOs that are registered and operating in India for at least three years.16 Though under contract by the UIDAI, it is unclear what information such organizations would be able to access. This ambiguity leaves the data collected by UIDAI open to potential abuse and unauthorized access. Thus, the Court Ruling fails to provide clarity on the access that the seeding process enables for the UIDAI and for private parties.

Consent: Upon enrolling for an Aadhaar number, individuals have the option of consenting to the UIDAI sharing information in three instances:

"I have no objection to the UIDAI sharing information provided by me to the UIDAI with agencies engaged in delivery of welfare services."

"I want the UIDAI to facilitate opening of a new Bank/Post Office Account linked to my Aadhaar Number.

"I have no objection to sharing my information for this purpose""I have no objection to linking my present bank account provided here to my Aadhaar number"17

Aside for the vague and sweeping language of actions users provide consent for, which raises questions about how informed an individual is of the information he consents to share, at no point is an individual provided the option of  consenting  to the UIDAI accessing data - historic or incoming - that is stored in the database of a service provider in the PDS system seeded with the Aadhaar number. Furthermore, as noted earlier, the fact that the UIDAI concedes that a beneficiary has to be linked with a bank account raises questions of consent to this process as linking one's bank account with their Aadhaar number is an optional part of the enrollment process. Thus, even with the restrictions from the court order, if individuals want to use their Aadhaar number to access benefits, they must also seed their number with their bank accounts. On this point, in an order from the Finance Ministry it was clarified that the seeding of Aadhaar numbers into databases is a voluntary decision, but if a beneficiary provides their number on a voluntary basis - it can be seeded into a database.18

Withdrawing Consent: The Court also did not directly address if individuals could withdraw consent after enrolling in the UID scheme - and if they did - whether Aadhaar numbers should be 'unseeded' from PDS related databases. Similarly, the Court did not clarify whether services that have seeded the Aadhaar number, but are not PDS related, now need to unseed the number. Though news items indicate that in some cases (not all) organizations and government departments not involved in the PDS system are stopping the seeding process19, there is no indication of departments undertaking an 'unseeding' process. Nor is there any indication of the UIDAI allowing indivduals enrolled to 'un-enroll' from the scheme. In being silent on issues around consent, the court order inadvertently overlooks the risk of function creep possible through the seeding process, which "allows numerous opportunities for expansion of functions far beyond those stated to be its purpose"20.

Verification and liability: According to Version 1.0 and Version 1.1 of the Seeding documents, "no seeding is better than incorrect seeding". This is because incorrect seeding can lead to inaccuracies in the authentication process and result in individuals entitled to benefits being denied such benefits. To avoid errors in the seeding process the UIDAI has suggested several steps including using the "Aadhaar Verification Service" which verifies an Aadhaar number submitted for seeding against the Aadhaar number and demographic data such as gender and location in the CIDR. Though recognizing the importance of accuracy in the seeding process, the UIDAI takes no responsibility for the same. According to Version 1.1 of the seeding document, "the responsibility of correct seeding shall always stay with the department, who is the owner of the database."21 This replicates a disturbing trend in the implementation of the UID scheme - where the UIDAI 'initiates' different processes through private sector companies but does not take responsibility for such processes. 22

The Scope of the UIDAI's mandate and the necessity of seeding

Aside from the problems within the seeding process itself, there is a question of the scope of the UIDAI's mandate and the role that seeding plays in fulfilling this. This is important in understanding the necessity of the seeding process.

On the official website, the UIDAI has stated that its mandate is "to issue every resident a unique identification number linked to the resident's demographic and biometric information, which they can use to identify themselves anywhere in India, and to access a host of benefits and services." 23 Though the Supreme Court order clarifies the use of the Aadhaar number, it does not address the actual legality of the UIDAI's mandate - as there is no enabling statute in place -and it does not clarify or confirm the scope of the UIDAI's mandate.

In Version 1.0 of the Seeding document the UIDAI has stated the "Aadhaar numbers of enrolled residents are being 'seeded' ie. included in the databases of service providers that have adopted the Aadhaar platform in order to enable authentication via the Aadhaar number during a transaction or service delivery."24 This statement is only partially correct. For only providing and authenticating of an Aadhaar number - seeding is not necessary as the Aadhaar number submitted for verification alone only needs to be compared with the records in the CIDR to complete authentication of the same. Yet, in an example justifying the need for seeding in the Version 1.0 seeding document the UIDAI states "A consolidated view of the entire data would facilitate the social welfare department of the state to improve the service delivery in their programs, while also being able to ensure that the same person is not availing double benefits from two different districts."25 For this purpose, seeding is again unnecessary as it would be simple to correlate PDS usage with a Aadhaar number within the PDS database. Even if limited to the PDS system,  seeding in the databases of service providers is only necessary for the creation and access to comprehensive information about an individual in order to determine eligibility for a service. Further, seeding is only necessary in the databases of banks if the Aadhaar number moves from being an identity factor - to a transactional factor - something that the UIDAI seems to envision as the Version 1.1 seeding document states that Aadhaar is sufficient enough to transfer payments to an individual and thus plays a key role in cash transfers of benefits.26

Conclusion

Despite the fact that adherence to the interim order from the Supreme Court has been adhoc27, the order does provide a number of welcome limitations and clarifications to the UID Scheme. Yet, despite limited clarification from the Supreme Court and further clarification from the Finance Ministry's Order, the process of seeding and its necessity remain unclear. Is the UIDAI taking fully informed consent for the seeding process and what it will enable? Should the UIDAI be liable for the accuracy of the seeding process? Is seeding of service provider and bank databases necessary for the UIDAI to fulfill its mandate? Is the UIDAI's mandate to provide an identifier and an authentication of identity mechanism or is it to provide authentication of eligibility of an individual to receive services? Is this mandate backed by law and with adequate safeguards? Can the court order be interpreted to mean that to deliver services in the PDS system, UIDAI will need access to bank accounts or other transactions/information stored in a service provider's database to verify the claims of the user?

Many news items reflect a concern of convergence arising out of the UID scheme.28 To be clear, the process of seeding is not the same as convergence. Seeding enables convergence which can enable profiling, surveillance, etc. That said, the seeding process needs to be examined more closely by the public and the court to ensure that society can reap the benefits of seeding while avoiding the problems it may pose.

[1]. Justice K.S Puttaswamy & Another vs. Union of India & Others. Writ Petition (Civil) No. 494 of 2012. Available at: http://judis.nic.in/supremecourt/imgs1.aspx?filename=42841

[2]. Usha Ramanthan. Decoding the Aadhaar judgment: No more seeding, not till the privacy issues is settled by the court. The Indian Express. August 12^th 2015. Available at: http://indianexpress.com/article/blogs/decoding-the-aadhar-judgment-no-more-seeding-not-till-the-privacy-issue-is-settled-by-the-court/

[3]. UIDAI. Approach Document for Aadhaar Seeding in Service Delivery Databases. Version 1.0. Available at: https://authportal.uidai.gov.in/static/aadhaar_seeding_v_10_280312.pdf

[4]. UIDAI. Standard Protocol Covering the Approach & Process for Seeding Aadhaar Numbers in Service Delivery Databases. Available at: https://uidai.gov.in/images/aadhaar_seeding_june_2015_v1.1.pdf

[5]. Version 1.0 pg. 2

[6]. Version 1.0 pg. 19

[7]. Version 1.1 pg. 3

[8]. Version 1.1 pg. 7

[9]. Version 1.1 pg. 5 -7

[10]. Version 1.1 pg. 7-13

[11]. Version 1.0 pg 19-22

[12]. Version 1.0 pg. 4

[13]. Version 1.1 pg. 5, figure 3.

[14]. David Card, Raj Chett, Martin Feldstein, and Emmanuel Saez. Expanding Access to Adminstrative Data for Research in the United States. Available at: http://obs.rc.fas.harvard.edu/chetty/NSFdataaccess.pdf

[15]. Justice K.S Puttaswamy & Another vs. Union of India & Others. Writ Petition (Civil) No. 494 of 2012. Available at: http://judis.nic.in/supremecourt/imgs1.aspx?filename=42841

[16]. Version 1.1 pg. 18

[17]. Aadhaar Enrollment Form from Karnataka State. http://www.karnataka.gov.in/aadhaar/Downloads/Application%20form%20-%20English.pdf

[18]. Business Line. Aadhaar only for foodgrains, LPG, kerosene, distribution. August 27^th 2015. Available at: http://www.thehindubusinessline.com/economy/aadhaar-only-for-foodgrains-lpg-kerosene-distribution/article7587382.ece

[19]. Bharti Jain. Election Commission not to link poll rolls to Aadhaar. The Times of India. August 15^th 2015. Available at: http://timesofindia.indiatimes.com/india/Election-Commission-not-to-link-poll-rolls-to-Aadhaar/articleshow/48488648.cms

[20]. Graham Greenleaf. “Access all areas': Function creep guaranteed in Australia's ID Card Bill (No.1) Computer Law & Security Review. Volume 23, Issue 4. 2007. Available at: http://www.sciencedirect.com/science/article/pii/S0267364907000544

[21]. Version 1.1 pg. 3

[22]. For example, the UIDAI depends on private companies to act as enrollment agencies and collect, verify, and enroll individuals in the UID scheme. Though the UID enters into MOUs with these organizations, the UID cannot be held responsible for the security or accuracy of data collected, stored, etc. by these entities. See draft MOU for registrars: https://uidai.gov.in/images/training/MoU_with_the_State_Governments_version.pdf

[23]. Justice K.S Puttaswamy & Another vs. Union of India & Others. Writ Petition (Civil) No. 494 of 2012. Available at: http://judis.nic.in/supremecourt/imgs1.aspx?filename=42841

[24]. Version 1.0 pg.3

[25]. Version 1.0 pg.4

[26]. Version 1.1 pg. 3

[27]. For example, there are reports of Aadhaar being introduced for different services such as education. See: Tanu Kulkarni. Aadhaar may soon replace roll numbers. The Hindu. August 21^st, 2015. For example: http://www.thehindu.com/news/cities/bangalore/aadhaar-may-soon-replace-roll-numbers/article7563708.ece

[28]. For example see: Salil Tripathi. A dangerous convergence. July 31^st. 2015. The Live Mint. Available at: http://www.livemint.com/Opinion/xrqO4wBzpPbeA4nPruPNXP/A-dangerous-convergence.html

For more details visit https://cis-india.org/internet-governance/blog/supreme-court-order-is-a-good-start-but-is-seeding-necessary

Supporting Indian Language Wikipedias Program/Report

Gopala Krishna A — 2019-05-01T05:04:24Z

CIS-A2K team submitted Project Tiger final report.

Background

In 2017–2018, the Wikimedia Foundation (WMF) and Google collaborated to start a pilot project in India, working closely with the Centre for Internet and Society (CIS) and the Wikimedia India chapter (WMIN). This project, titled Project Tiger was aimed at encouraging Wikipedia communities to create locally relevant and high-quality content in Indian languages. The name Project Tiger was chosen to reflect the Indian metaphor of a tiger representing a strong, or brave person (Baagh in Hindi, Puli in Tamil, etc).

Through this project, support was provided to active and experienced Wikipedia editors in the form of Chromebook donations, and stipends for Internet access. Additionally, a three-month-long editathon was conducted, as well as a language-based contest on Indic Wikipedia that aimed at addressing existing Wikipedia content gaps.

Needs Assessment

As a part of Project Tiger, CIS-A2K facilitated a needs assessment process in the month of December 2017, prompting a large number of responses between December 2017 and March 2018. Among these, the highest percentage of responses came from Wikimedians who were associated with Wikipedia and Wikimedia Commons. A notable percentage of responses came from students. Among 190 responses, it was found that 16% of users edit Wikimedia projects on mobile phones. Additionally, out of 189 users, 51.85% said they use laptops for editing. 73 users reported that they share their devices with others to make contributions.

Our learnings from this process are:

150 users who contribute to Wikipedia belong to the age groups of 20-35 and 35-50. Younger community members can consistently bring in more contributions and have a sustainable presence within the community. Supporting these young Wikimedians is very important.

Users with personal devices can make more contributions to Wikipedia than those without them. Sharing devices between users is a barrier to maximising contributions.

Most users are genuinely interested in contributing to Wikipedia and Wikimedia Commons.
There is a requirement for skill development activities (Writing skills, tools, gadgets) within the Indian Wikimedia community. Skills development will directly result in increased contribution to Wikimedia projects. Additionally, Wikimedians also showed interest in obtaining easier access to books, journals, etc.

Chromebook Distribution

CIS-A2K received a large number of requests for Chromebooks and access to the Internet from community members CIS-A2K observed 271 requests for laptop and internet access (including draft requests, requests from IP address, and withdrawn requests by applicants).

In the first round of responding to these requests, 26 requests were answered with support. 11 of these 26 Chromebook recipients are female Wikipedians. In the second round of responses, CIS-A2K supported 24 requests. In just two rounds all Chromebooks were distributed among the users. Total Chromebooks are delivered are 50. The first stage of distribution involved delivery of Chromebooks to Odia Wikimedian Ssgapu22. Subsequently, we prepared a help document intended to make the Chromebooks convenient to use for Indian Wikipedians. Then the Chromebooks were transported to the recipients, either by courier (35–40 Chromebooks), or in person by community advocates at events. CIS-A2K has successfully shipped Chromebooks even to rural areas in India including the border areas of West Bengal. CIS-A2K has made a final third list which serves as a waiting list, with 25 pending requests that are open for support. Support via Chromebooks has created a noticeable increase in all forms of contributions by Wikimedians to the Wikimedia projects.

Read the complete report published on Wikipedia page

For more details visit https://cis-india.org/a2k/blogs/supporting-indian-language-wikipedias-program-report

Sunil Abraham - Key Listener Speech at Wikimedia Summit 2019

sunil — 2019-05-04T03:34:15Z

The Wikimedia Summit 2019 – formerly known as "Wikimedia Conference" or "Chapters Meeting" – took place on 29–31 March 2019 in Berlin. Sunil Abraham made a speech at the summit organized in Berlin.

Sunil answers a series of questions at the closing session of the Wikimedia Summit 2019:

What stands out?

Money. Creative Commons revenues are pegged at 2.4 million dollars. Mozilla Foundation gets 24 million dollars. Wikimedia Foundation gets 91 million dollars. So the job of pulling off the "Big Open" or the "creation of the meta movement" or "the movement of movements" is primarily the responsibility of the Wikimedia community given the scale of resources it is able to mobilize. For example, the Open Access movement has lost funding as its key donor Open Society Foundation after supporting the movement for 17 years is unable to support any further. The Wikipedia movement can easily save the global access movement by just allocating 1 million dollar for it.

What concerns me?

Homogenization. Homogenization of time frames, homogenization of process. Should we, for example, stagger the time period for online community consultation on the draft recommendations, so that there is less 'consultation fatigue' By homogenizing the processes at the Summit, it would be risking infantilizing the community. Would this meeting have been more exciting and useful, if Working Groups had the freedom to fork the process, and do what works for them.

What have I learned from my own journey and work?

Working with lawyers for the last 10 years, has led me to appreciate tests over principles. For example, in the open standards movement there is a constant question: is this particular standard an open standard? There, free software acts as the canary in the coal mine: If we cannot implement a standard using free software, then it is not an open standard. Working with lawyers for the last 10 years, has led me to appreciate tests over principles. For example, in the open standards movement there is a constant question: is this particular standard an open standard?There, free software acts as the canary in the coal mine: If we cannot implement a standard using free software, then it is not an open standard.

What have you learned that could be useful for the strategy process?

From the process architect I have learned that we shouldn't focus on solving /this/ particular instance of the problem, we should focus on working on developing processes that solve these problems in the future. So, the emphasis is on process fixes. This is really the bleeding edge of regulatory theory these days. Since we are in Germany, I must mention the name of the German academic Gunther Teubner who developed this concept of reflexive regulation 26 years ago in his article 'Substantive and Reflexive Elements in Modern Law.

What would you suggest to improve the strategy process?

The core of responsive regulation is community consultation processes. However, closing the loop on the consultation process is critical, otherwise participants feel that they have wasted time providing feedback. For example, the Indian telecom regulator first issues a consultation paper. Then solicits the first round of feedback, then solicits a second round of counter comments then they hold round tables, and, finally, they issue the recommendation or the regulation. But when they do that, they make sure they close the loop.They provide reasoned explanations for why suggestions were rejected. This might have to happen at both stages for this strategy development process. The working groups will have to say why they rejected certain pieces of feedback, and also the board will have to explain why they rejected certain recommendations from the working groups.

What would be your wish for this movement?

As we enter adulthood as a movement, it is important that we do not lose our youthful idealism. Idealism at two levels: ambition and vocabulary. Global civil society is broadly divided into two groups. Those who work on tractable problems, like getting rid of polio. And those who work on intractable problems, like saving and developing democracy. When monitoring and evaluation becomes a primary management lens for our movement, it shouldn't make us more and more risk-averse. Let us not focus on the easy problems let us always focus, as a movement, on the hard problems. When it comes to vocabulary, I am not totally sure that phrases like 'product experience', 'target markets', and 'Knowledge as a Service' is the vocabulary of the movement. Maybe, we need to think of two types of vocabulary, External facing vocabulary and internal facing vocabulary.

Watch the Video

Video, via Wikimedia Commons, source: https://commons.wikimedia.org/wiki/File:Wikimedia_Summit_2019_-_Key_listener_Sunil_Abraham.webm.
Author, Anna Rees (WMDE): Uploader: Cornelius Kibelka (WMDE), This file is licensed under the Creative Commons Attribution-Share Alike 4.0 International license.

For more details visit https://cis-india.org/openness/sunil-abraham-key-listener-speech-at-wikimedia-summit-2019

Summary Report Internet Governance Forum 2015

jyoti — 2015-11-30T10:47:13Z

Centre for Internet and Society (CIS), India participated in the Internet Governance Forum (IGF) held at Poeta Ronaldo Cunha Lima Conference Center, Joao Pessoa in Brazil from 10 November 2015 to 13 November 2015. The theme of IGF 2015 was ‘Evolution of Internet Governance: Empowering Sustainable Development’. Sunil Abraham, Pranesh Prakash & Jyoti Panday from CIS actively engaged and made substantive contributions to several key issues affecting internet governance at the IGF 2015. The issue-wise detail of their engagement is set out below.

INTERNET GOVERNANCE

I. The Multi-stakeholder Advisory Group to the IGF organised a discussion on Sustainable Development Goals (SDGs) and Internet Economy at the Main Meeting Hall from 9:00 am to 12:30 pm on 11 November, 2015. The discussions at this session focused on the importance of Internet Economy enabling policies and eco-system for the fulfilment of different SDGs. Several concerns relating to internet entrepreneurship, effective ICT capacity building, protection of intellectual property within and across borders were availability of local applications and content were addressed. The panel also discussed the need to identify SDGs where internet based technologies could make the most effective contribution. Sunil Abraham contributed to the panel discussions by addressing the issue of development and promotion of local content and applications. List of speakers included:

Lenni Montiel, Assistant-Secretary-General for Development, United Nations
Helani Galpaya, CEO LIRNEasia
Sergio Quiroga da Cunha, Head of Latin America, Ericsson
Raúl L. Katz, Adjunct Professor, Division of Finance and Economics, Columbia Institute of Tele-information
Jimson Olufuye, Chairman, Africa ICT Alliance (AfICTA)
Lydia Brito, Director of the Office in Montevideo, UNESCO
H.E. Rudiantara, Minister of Communication & Information Technology, Indonesia
Daniel Sepulveda, Deputy Assistant Secretary, U.S. Coordinator for International and Communications Policy at the U.S. Department of State
Deputy Minister Department of Telecommunications and Postal Services for the republic of South Africa
Sunil Abraham, Executive Director, Centre for Internet and Society, India
H.E. Junaid Ahmed Palak, Information and Communication Technology Minister of Bangladesh
Jari Arkko, Chairman, IETF
Silvia Rabello, President, Rio Film Trade Association
Gary Fowlie, Head of Member State Relations & Intergovernmental Organizations, ITU

Detailed description of the workshop is available here http ://www .intgovforum .org /cms /igf 2015-main -sessions

Transcript of the workshop is available here http://www.intgovforum.org/cms/187-igf-2015/transcripts-igf-2015/2327-2015-11-11-internet-economy-and-sustainable-development-main-meeting-room

Video link Internet economy and Sustainable Development here https://www.youtube.com/watch?v=D6obkLehVE8

II. Public Knowledge organised a workshop on The Benefits and Challenges of the Free Flow of Data at Workshop Room 5 from 11:00 am to 12:00 pm on 12 November, 2015. The discussions in the workshop focused on the benefits and challenges of the free flow of data and also the concerns relating to data flow restrictions including ways to address them. Sunil Abraham contributed to the panel discussions by addressing the issue of jurisdiction of data on the internet. The panel for the workshop included the following.

Vint Cerf, Google
Lawrence Strickling, U.S. Department of Commerce, NTIA
Richard Leaning, European Cyber Crime Centre (EC3), Europol
Marietje Schaake, European Parliament
Nasser Kettani, Microsoft
Sunil Abraham, CIS India

Detailed description of the workshop is available here http ://www .intgovforum .org /cms /workshops /list -of -published -workshop -proposals

Transcript of the workshop is available here http://www.intgovforum.org/cms/187-igf-2015/transcripts-igf-2015/2467-2015-11-12-ws65-the-benefits-and-challenges-of-the-free-flow-of-data-workshop-room-5

Video link https://www.youtube.com/watch?v=KtjnHkOn7EQ

III. Article 19 and Privacy International organised a workshop on Encryption and Anonymity: Rights and Risks at Workshop Room 1 from 11:00 am to 12:30 pm on 12 November, 2015. The workshop fostered a discussion about the latest challenges to protection of anonymity and encryption and ways in which law enforcement demands could be met while ensuring that individuals still enjoyed strong encryption and unfettered access to anonymity tools. Pranesh Prakash contributed to the panel discussions by addressing concerns about existing south Asian regulatory framework on encryption and anonymity and emphasizing the need for pervasive encryption. The panel for this workshop included the following.

David Kaye, UN Special Rapporteur on Freedom of Expression
Juan Diego Castañeda, Fundación Karisma, Colombia
Edison Lanza, Organisation of American States Special Rapporteur
Pranesh Prakash, CIS India
Ted Hardie, Google
Elvana Thaci, Council of Europe
Professor Chris Marsden, Oxford Internet Institute
Alexandrine Pirlot de Corbion, Privacy International

Detailed description of the workshop is available here http ://www .intgovforum .org /cms /worksh o ps /list -of -published -workshop -proposals

Transcript of the workshop is available here http://www.intgovforum.org/cms/187-igf-2015/transcripts-igf-2015/2407-2015-11-12-ws-155-encryption-and-anonymity-rights-and-risks-workshop-room-1

Video link available here https://www.youtube.com/watch?v=hUrBP4PsfJo

IV. Chalmers & Associates organised a session on A Dialogue on Zero Rating and Network Neutrality at the Main Meeting Hall from 2:00 pm to 4:00 pm on 12 November, 2015. The Dialogue provided access to expert insight on zero-rating and a full spectrum of diverse views on this issue. The Dialogue also explored alternative approaches to zero rating such as use of community networks. Pranesh Prakash provided a detailed explanation of harms and benefits related to different approaches to zero-rating. The panellists for this session were the following.

Jochai Ben-Avie, Senior Global Policy Manager, Mozilla, USA
Igor Vilas Boas de Freitas, Commissioner, ANATEL, Brazil
Dušan Caf, Chairman, Electronic Communications Council, Republic of Slovenia
Silvia Elaluf-Calderwood, Research Fellow, London School of Economics, UK/Peru
Belinda Exelby, Director, Institutional Relations, GSMA, UK
Helani Galpaya, CEO, LIRNEasia, Sri Lanka
Anka Kovacs, Director, Internet Democracy Project, India
Kevin Martin, VP, Mobile and Global Access Policy, Facebook, USA
Pranesh Prakash, Policy Director, CIS India
Steve Song, Founder, Village Telco, South Africa/Canada
Dhanaraj Thakur, Research Manager, Alliance for Affordable Internet, USA/West Indies
Christopher Yoo, Professor of Law, Communication, and Computer & Information Science, University of Pennsylvania, USA

Detailed description of the workshop is available here http://www.intgovforum.org/cms/igf2015-main-sessions

Transcript of the workshop is available here http://www.intgovforum.org/cms/187-igf-2015/transcripts-igf-2015/2457-2015-11-12-a-dialogue-on-zero-rating-and-network-neutrality-main-meeting-hall-2

V. The Internet & Jurisdiction Project organised a workshop on Transnational Due Process: A Case Study in MS Cooperation at Workshop Room 4 from 11:00 am to 12:00 pm on 13 November, 2015. The workshop discussion focused on the challenges in developing an enforcement framework for the internet that guarantees transnational due process and legal interoperability. The discussion also focused on innovative approaches to multi-stakeholder cooperation such as issue-based networks, inter-sessional work methods and transnational policy standards. The panellists for this discussion were the following.

Anne Carblanc Head of Division, Directorate for Science, Technology and Industry, OECD
Eileen Donahoe Director Global Affairs, Human Rights Watch
Byron Holland President and CEO, CIRA (Canadian ccTLD)
Christopher Painter Coordinator for Cyber Issues, US Department of State
Sunil Abraham Executive Director, CIS India
Alice Munyua Lead dotAfrica Initiative and GAC representative, African Union Commission
Will Hudsen Senior Advisor for International Policy, Google
Dunja Mijatovic Representative on Freedom of the Media, OSCE
Thomas Fitschen Director for the United Nations, for International Cooperation against Terrorism and for Cyber Foreign Policy, German Federal Foreign Office
Hartmut Glaser Executive Secretary, Brazilian Internet Steering Committee
Matt Perault, Head of Policy Development Facebook

Detailed description of the workshop is available here http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals

Transcript of the workshop is available here http://www.intgovforum.org/cms/187-igf-2015/transcripts-igf-2015/2475-2015-11-13-ws-132-transnational-due-process-a-case-study-in-ms-cooperation-workshop-room-4

Video link Transnational Due Process: A Case Study in MS Cooperation available here https://www.youtube.com/watch?v=M9jVovhQhd0

VI. The Internet Governance Project organised a meeting of the Dynamic Coalition on Accountability of Internet Governance Venues at Workshop Room 2 from 14:00 – 15:30 on 12 November, 2015. The coalition brought together panelists to highlight the challenges in developing an accountability framework for internet governance venues that include setting up standards and developing a set of concrete criteria. Jyoti Panday provided the perspective of civil society on why acountability is necessary in internet governance processes and organizations. The panelists for this workshop included the following.

Robin Gross, IP Justice
Jeanette Hofmann, Director Alexander von Humboldt Institute for Internet and Society
Farzaneh Badiei, Internet Governance Project
Erika Mann, Managing Director Public PolicyPolicy Facebook and Board of Directors ICANN
Paul Wilson, APNIC
Izumi Okutani, Japan Network Information Center (JPNIC)
Keith Drazek , Verisign
Jyoti Panday, CIS
Jorge Cancio, GAC representative

Detailed description of the workshop is available here http://igf2015.sched.org/event/4c23/dynamic-coalition-on-accountability-of-internet-governance-venues?iframe=no&w=&sidebar=yes&bg=no

Video link https://www.youtube.com/watch?v=UIxyGhnch7w

VII. Digital Infrastructure Netherlands Foundation organized an open forum at Workshop Room 3 from 11:00 – 12:00 on 10 November, 2015. The open forum discussed the increase in government engagement with “the internet” to protect their citizens against crime and abuse and to protect economic interests and critical infrastructures. It brought together panelists topresent ideas about an agenda for the international protection of ‘the public core of the internet’ and to collect and discuss ideas for the formulation of norms and principles and for the identification of practical steps towards that goal. Pranesh Prakash participated in the e open forum. Other speakers included

Bastiaan Goslings AMS-IX, NL
Pranesh Prakash CIS, India
Marilia Maciel (FGV, Brasil
Dennis Broeders (NL Scientific Council for Government Policy)

Detailed description of the open forum is available here http://schd.ws/hosted_files/igf2015/3d/DINL_IGF_Open%20Forum_The_public_core_of_the_internet.pdf

Video link available here https://www.youtube.com/watch?v=joPQaMQasDQ

VIII. UNESCO, Council of Europe, Oxford University, Office of the High Commissioner on Human Rights, Google, Internet Society organised a workshop on hate speech and youth radicalisation at Room 9 on Thursday, November 12. UNESCO shared the initial outcome from its commissioned research on online hate speech including practical recommendations on combating against online hate speech through understanding the challenges, mobilizing civil society, lobbying private sectors and intermediaries and educating individuals with media and information literacy. The workshop also discussed how to help empower youth to address online radicalization and extremism, and realize their aspirations to contribute to a more peaceful and sustainable world. Sunil Abraham provided his inputs. Other speakers include

1. Chaired by Ms Lidia Brito, Director for UNESCO Office in Montevideo

2.Frank La Rue, Former Special Rapporteur on Freedom of Expression

3. Lillian Nalwoga, President ISOC Uganda and rep CIPESA, Technical community

4. Bridget O’Loughlin, CoE, IGO

5. Gabrielle Guillemin, Article 19

6. Iyad Kallas, Radio Souriali

7. Sunil Abraham executive director of Center for Internet and Society, Bangalore, India

8. Eve Salomon, global Chairman of the Regulatory Board of RICS

9. Javier Lesaca Esquiroz, University of Navarra

10. Representative GNI

11. Remote Moderator: Xianhong Hu, UNESCO

12. Rapporteur: Guilherme Canela De Souza Godoi, UNESCO

Detailed description of the workshop is available here http://igf2015.sched.org/event/4c1X/ws-128-mitigate-online-hate-speech-and-youth-radicalisation?iframe=no&w=&sidebar=yes&bg=no

Video link to the panel is available here https://www.youtube.com/watch?v=eIO1z4EjRG0

INTERMEDIARY LIABILITY

IX. Electronic Frontier Foundation, Centre for Internet Society India, Open Net Korea and Article 19 collaborated to organize a workshop on the Manila Principles on Intermediary Liability at Workshop Room 9 from 11:00 am to 12:00 pm on 13 November 2015. The workshop elaborated on the Manila Principles, a high level principle framework of best practices and safeguards for content restriction practices and addressing liability for intermediaries for third party content. The workshop saw particpants engaged in over lapping projects considering restriction practices coming togetehr to give feedback and highlight recent developments across liability regimes. Jyoti Panday laid down the key details of the Manila Principles framework in this session. The panelists for this workshop included the following.

Kelly Kim Open Net Korea,
Jyoti Panday, CIS India,
Gabrielle Guillemin, Article 19,
Rebecca McKinnon on behalf of UNESCO
Giancarlo Frosio, Center for Internet and Society, Stanford Law School
Nicolo Zingales, Tilburg University
Will Hudson, Google

Detailed description of the workshop is available here http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals

Transcript of the workshop is available here http://www.intgovforum.org/cms/187-igf-2015/transcripts-igf-2015/2423-2015-11-13-ws-242-the-manila-principles-on-intermediary-liability-workshop-room-9

Video link available here https://www.youtube.com/watch?v=kFLmzxXodjs

ACCESSIBILITY

X. Dynamic Coalition on Accessibility and Disability and Global Initiative for Inclusive ICTs organised a workshop on Empowering the Next Billion by Improving Accessibility at Workshop Room 6 from 9:00 am to 10:30 am on 13 November, 2015. The discussion focused on the need and ways to remove accessibility barriers which prevent over one billion potential users to benefit from the Internet, including for essential services. Sunil Abraham specifically spoke about the lack of compliance of existing ICT infrastructure with well established accessibility standards specifically relating to accessibility barriers in the disaster management process. He discussed the barriers faced by persons with physical or psychosocial disabilities. The panelists for this discussion were the following.

Francesca Cesa Bianchi, G3ICT
Cid Torquato, Government of Brazil
Carlos Lauria, Microsoft Brazil
Sunil Abraham, CIS India
Derrick L. Cogburn, Institute on Disability and Public Policy (IDPP) for the ASEAN(Association of Southeast Asian Nations) Region
Fernando H. F. Botelho, F123 Consulting
Gunela Astbrink, GSA InfoComm

Detailed description of the workshop is available here http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals

Transcript of the workshop is available here http://www.intgovforum.org/cms/187-igf-2015/transcripts-igf-2015/2438-2015-11-13-ws-253-empowering-the-next-billion-by-improving-accessibility-workshop-room-3

Video Link Empowering the next billion by improving accessibility https://www.youtube.com/watch?v=7RZlWvJAXxs

OPENNESS

XI. A workshop on FOSS & a Free, Open Internet: Synergies for Development was organized at Workshop Room 7 from 2:00 pm to 3:30 pm on 13 November, 2015. The discussion was focused on the increasing risk to openness of the internet and the ability of present & future generations to use technology to improve their lives. The panel shred different perspectives about the future co-development of FOSS and a free, open Internet; the threats that are emerging; and ways for communities to surmount these. Sunil Abraham emphasised the importance of free software, open standards, open access and access to knowledge and the lack of this mandate in the draft outcome document for upcoming WSIS+10 review and called for inclusion of the same. Pranesh Prakash further contributed to the discussion by emphasizing the need for free open source software with end‑to‑end encryption and traffic level encryption based on open standards which are decentralized and work through federated networks. The panellists for this discussion were the following.

Satish Babu, Technical Community, Chair, ISOC-TRV, Kerala, India
Judy Okite, Civil Society, FOSS Foundation for Africa
Mishi Choudhary, Private Sector, Software Freedom Law Centre, New York
Fernando Botelho, Private Sector, heads F123 Systems, Brazil
Sunil Abraham, CIS India
Pranesh Prakash, CIS India
Nnenna Nwakanma- WWW.Foundation
Yves MIEZAN EZO, Open Source strategy consultant
Corinto Meffe, Advisor to the President and Directors, SERPRO, Brazil
Frank Coelho de Alcantara, Professor, Universidade Positivo, Brazil
Caroline Burle, Institutional and International Relations, W3C Brazil Office and Center of Studies on Web Technologies

Detailed description of the workshop is available here http://www.intgovforum.org/cms/workshops/list-of-published-workshop-proposals

Transcript of the workshop is available here http://www.intgovforum.org/cms/187-igf-2015/transcripts-igf-2015/2468-2015-11-13-ws10-foss-and-a-free-open-internet-synergies-for-development-workshop-room-7

Video link available here https://www.youtube.com/watch?v=lwUq0LTLnDs

For more details visit https://cis-india.org/internet-governance/blog/summary-report-internet-governance-forum-2015

Summary of UID Public Meeting, August 25 2010

praskrishna — 2011-08-02T07:28:46Z

A summary of the "No UID" public meeting that took place on Aug. 25th at the Constitution Club, New Dehli.

The Meeting and Project

On August 25, 2010 in Delhi, a public meeting was organized by civil society groups from Mumbai, Bangalore, and Delhi to discuss and answer questions surrounding the UID, and to present the concerns of the public to members of parliament. The meeting was successful, with many important concerns raised by both the speakers and the audience. An action plan was developed, and MPs were able to come, listen, and share their opinions.

The Project

The UID is a project that is supported by the government of India, and is led by Nandan Nilekani, the former CEO of Infosys. The project is being presented as a cure to the PDS system, as a mechanism to bring benefits to the poor, and as a project that will make India an inclusive society by providing every citizen with a verifiable identity. The draft National Identification Authority of India Bill will be placed before the Lok Sabha in the current session. If the Bill is approved by parliament, the official implementation of the Bill will take place in Winter 2010 -2011.

Technological Flaws

Speaking first, Jude D'Souza, a free software professional, presented the entire technical aspect of the UID scheme. He became involved with the UID project through his work on biometrics, and he expressed shock that the UID scheme would rely on a deeply flawed system such as biometrics. Flaws in such a system include -- but are not limited to -- duplication, verification problems, and the lack of infrastructure needed to collect biometrics properly. Explaining in detail how fingerprint and iris scanners work, he showed how both are actually very simple technologies. An iris scanner is essentially a camera coupled with auto-focusing. The camera focuses on one’s eye, takes a snapshot, and then divides the eye into concentric segments, conducts a type of numbering scheme for each segment, and then generates a number that represents the pattern. A fingerprint scanner works in a similar manner. First a picture is taken of your finger-print, the system then generates an inverted image of the finger, with darker areas representing more reflected light and lighter areas representing less reflected light. The image is then compared against the stored fingerprint. Both technologies are easily spoofed. Iris scanners cannot detect contact lenses, and a scientist in Japan found that fingerprint scanners can be “tricked” easily with materials costing under 10 dollars. D'Souza explained how all identification systems go through an enrollment and authentication process which includes: the capturing of the image, the processing of the image, extraction of features, the creation of a template, encryption, duplication and storage of the information. If a step in either the enrollment or authentication process goes wrong, the whole process is brought back to square one – manual recording of information. For instance, if a fingerprint is swiped, and the machine cannot read it because it has changed with age, or the machine is malfunctioning, or the fingerprint is logged with water (something that is not uncommon in India) – the person would either have to re-enroll, and then re-verify who they are manually. If this scenario applies to, say, someone coming into a hospital, the consequences of his/her fingerprints not being read are grave.

Another concern is the compromising of the system. Bogus templates can easily be created and switched with the real template, key duplication is possible, or the system could be hacked and a virus introduced. In general, it is dangerous when any database containing personal information is compromised; a database that contains biometrics is twice as dangerous. D'Souza closed his presentation by making the point that biometrics cannot be withdrawn – if your password (biometrics) is compromised, you are still stuck with it for life. Once you leave your footprint through biometrics, it is irrevocable.

Civil Rights

The second speaker of the day was Usha Ramanathan, an internationally recognized expert on law and poverty, who spoke on human rights and the UID. From the beginning of her presentation she challenged the audience to think deeply about the question “Why would the government want to put this project in place?” She brought to the table many points about how the project violates human rights, including the fact that no type of feasibility study has been done on the technology or the financial cost of the project; a white paper was never issued at the genesis of the project; and Nandan Nilekani and other members of the authority refused directly to answer the concerns brought forth to them when they were approached. To her, the corporatization of the project is also very clear. From the marketing of the scheme, to the implementation of the scheme, to the fact that the convergence of databases will allow business and corporate powers to network using individual’s data that they obtain from the database – the issuance of a Unique Identification Number provides opportunities for huge profits to be made by corporations and the government. What makes the consequences of a UID number even more powerful is the fact that even though the Authority says that the number is voluntary, businesses, shop owners, banks and hospitals have the ability to deny access if one does not have number. In this way, the number is at least de-facto compulsory. This number also threatens violations to an individual’s privacy.

Benefits to the Poor

When analyzing the benefits to the poor that the number promises, the picture begins to look less and less beneficial. The Authority has been stressing the benefit of the portability of a Unique Identification Number. The positive aspects of having a portable ID stem from the idea that a person living in one village could be traveling and would still be able to collect his or her rations from the Free Trade Shop in the location he or she is visiting. No longer would people have to return home to collect their rations. Though this seems to be a useful benefit indeed, problems begin to arise if the Free Trade Shop in that village does not have enough grain in stock to provide for the unexpected visitor or if the biometric data malfunction. Other complications that the poor might have with a unique ID number is that to enroll you must know your address and name, and be able to spell them correctly. When looking at if the UID will plug the leakages of the PDS system, it will perhaps make the delivery of grain more efficient – theoretically it could stop the use of fake ration cards etc, but it does not stop the waste of grain, and at the end of the day – it still only a number, it does not regulate the person authenticating the individual and distributing the grain. Other difficulties the rural populations face are power outages: what if the power goes out – no one can be authenticated, what if the notice that benefits are available are electronically transmitted and do not arrive? What if data are lost during power outages?

Response of the Audience

After lunch the floor was opened up to discussion about steps that need to be taken in the future. It was determined that academics need to be consulted, the NO UID campaign needs to be presented in a language that everyone can understand and relate to, more political leaders need to be contacted, volunteers from Universities need to be recruited, petitions need to be written, and emails and contact information shared for open communication amongst each other. Another response from the audience was that privacy is an issue for the elite – the poor are concerned with surviving day to day. What is interesting, though, is how untrue that is. The issuance of a UID number brings privacy of the poor into the limelight. Privacy is a question of a person’s ability to control individual information, to know how it is being used, and by whom. A Unique Identification Number given to the poor suddenly places all of his or her personal data on the grid. It places it into networks, business databases, and governmental data banks. The current lack of data protection and lack of control an individual has over these data under the scheme creates a privacy crisis for anyone who has a number. And, given the ability to deny services to someone who does not have a number, it creates a crisis for those who opt out as well.

The Opinion of the MPs

Many of the MPs were unable to come, but the two who did were in opposition to the UID. MP Syed Azeez Pasha (CPI) commented on the need for a campaign to have started earlier, while Senior Member of Parliament from the Revolutionary Socialist Party of India (RSP) Abani Roy called for the launching of a massive campaign to resist this expensive and dangerous project through which several companies will gain massive contracts from the public exchequer.

Conclusion

As the UID project continues to unroll, it seems that that Nandan Nilekani has imagined a new India – one that looks to technology as its solution to its political and social problems. If this is the case, a UID number that will work to shift the entire population onto a digital database could just be the beginning of many other changes to come. Indian citizens should carefully consider if this is the India that they have imagined.

Resources from the Meeting

D'Souza powerpoint presentation

UID Booklet

UID Appeal to MPs

UID in Hindi

For more details visit https://cis-india.org/internet-governance/blog/UID-public-meeting

Summary of the Minutes of the Workshop on Biodiversity Informatics

praskrishna — 2012-01-30T16:24:40Z

The Western Ghats Portal team had organized a one-day workshop to explore the contemporary state of biodiversity informatics as expressed in three spheres: technology behind biodiversity informatics, scientific commons and policy and biodiversity portals in India. It hoped to provide an opportunity to interact and learn from similar endeavors in this emerging discipline. The workshop was held at Ashoka Trust for Research in Ecology and Environment (ATREE), Bangalore on 25 November 2011.

There were 5 speakers and 10 panelists representing as many portal initiatives, participating at the venue or via WebEx, addressing an audience of 75 comprising of students, researchers, representatives from governmental bodies and technological platforms.The entire day’s sessions were peppered with questions and discussions, directed to the presenters as also within the members of the audience.

The technology session presented an Indian initiative, Bhuvan, a geospatial data alternative to GoogleEarth that was pertinent to the India centric audience. The second presentation was the Atlas of Living Australia, an international endeavor that was able to give a broad overview of how government funding for the sharing of government data on a public platform was able to source large information and present it for open access on a portal. The project aims to serve a variety of users from scientists, citizen scientists to policy makers and activists in biodiversity and conservation. The WGP was presented by a discussion of architecture and design of participation interface for recording and accumulating biodiversity observation data. The scientific commons and policy session covered a wide range of topics: the interpretation of the Indian laws for portal developments across disciplines, the governmental policies that may hinder the development of Open source platforms, the creative commons licenses and how they work for scientific data, and whether developing a biodiversity commons would help the community at large.

Global initiatives in the area of scientific commons were presented. Views from the participants on various aspects and the practicality of a legal framework were discussed. There are plans to discuss and evolve a draft of a charter for scientific commons that would be relevant for biodiversity and conservation. A clearly articulated and agreed data policy is also one of the deliverables of the project.

The third session centred on the experience of India-centric biodiversity portals. Two of the panelists presented their portals and attended the session over WebEx from the United States. A spectrum of portals was presented. Some of them were focused on single taxa, or a theme focus from medicinal plants to thematic citizen science initiatives. The IBP and WGP were presented as broad based with large collections of spatial data and species data. Perspective plans of large biodiversity portal initiatives, like the GBIF node for India, INBIF, were outlines to showing the things that may come in the next few years.

The discussions revolved around scientific rigor versus citizen participation, large-scale projects v/s small-scale focused portals, and maintaining quality with crowd sourced data. Ideas about how peer recognition and scientific status could be achieved were discussed. Focused portals closely managed by experts to provide valuate biodiversity and species data were discussed, with methods of maintaining quality and curating data. The event concluded by discussions of how each portal can maintain its identity and focus but at the same time evolve mechanisms for interoperability and exchange of information. There were open discussions on whether we can network and provide easy toolkits for building focused participation sites.

Minutes of the Workshop on Biodiversity Informatics

Objectives of the Workshop

Over the last few years, Biodiversity Informatics has emerged as a field to aggregate and consolidate biodiversity information across the world. With the increased penetration of the Internet into developing economies, and the widespread adoption of web technologies, biodiversity informatics has spawned an impressive variety of initiatives. These initiatives range from global knowledge bases and networks, national initiatives, eco-region based initiatives, as well as sharply focused initiatives which address a single species or event. There have been tangible advantages for stakeholders from these initiatives which has inspired many other endeavors. Success stories exist at both global and local level, and learning from these experiences can help one understand the multi-faceted nature of this discipline.

The Western Ghats Portal team organized a one-day workshop to explore the contemporary state of biodiversity informatics as expressed in three spheres: i) technology behind biodiversity informatics, ii) scientific commons and policy and iii) biodiversity portals in India. The workshop was intended to bring together technologists, open data policy experts, leaders of portal initiatives and user groups and stakeholders to meet and discuss experiences and approaches to Biodiversity Informatics.

Seventy five participants attended the workshop covering governmental agencies, NGO’s, academic institutes, student groups, CEPF grantees and other relevant stakeholders. There were 5 speakers and 10 panelists representing as many portal initiatives, participating at the venue or via WebEx from the continents of Australia and North America.

Plenary I: Technology behind biodiversity informatics - 0930 - 1115 hrs

This session was introduced by Dr.B.Ramesh of the French Institute of Pondicherry, who welcomed the participants of the workshop. He highlighted the growth of Biodiversity Informatics leveraging the Internet. In this emerging discipline, stressed the need to take stock of the latest developments in the area.

Development of Information System, Open Data standards, Archive and Geospatial solutions, Visualization in Bhuvan - M. Arulraj, National Remote Sensing Centre (NRSC), Indian Space Research Organization (ISRO).

Arulraj gave an overview of the Bhuvan project, ISRO’s geo-portal serving as a rich geteway to Indian earth observations. The project was launched in August 2009 and has made rapid strides since then to expose earth observation images and thematic maps on the Indian sub-continent. The Bhuvan project has multiple modules, which include 3-D and 2-D visualizations; a data archive and data download; thematic land use and land cover maps; a mobile application; and a discussion forum. The project is in active development and in beta, but is adding many features and data to the portal. In addition to data dissemination it provides a webGIS platform with the ability to do analyses and create geographical layers by users. The Bhuvan portal conforms to the national map policy while exposing spatial information and imagery through its evolving portal.

Arulraj explained the architecture of the portal and surveyed the webGIS and open source technologies that were available. A demo terminal of Bhuvan was exposed during the lunch session. During the discussions on map policy, Arulraj quoted that as per Remote Sensing Data Policy (RSDP)-2011, all satellite data of resolutions up to 1 m shall be distributed on a nondiscriminatory basis and on “as requested basis” by NRSC/ISRO.

Architecture and design of participation interfaces - Anand Janakiraman, Western Ghats Portal

Anand Janakiram spoke about the design of participation interfaces for the Western Ghats portal. The intent was to engage with user groups on the user interfaces and usability of an observation interface, where users will be able to upload a multi-media object; provide a location for the observation; make a species call with a certain level of confidence; and provide notes and comments on the observation. The observation will be rated by the crowd. Species calls could be changed if necessary and agreed or disagreed upon.

Various rating systems were discussed. These included a 5 or ten star rating system, like movie rating systems; a multi-dimensional rating system like in Wikipedia; a “like” rating system that is used in many sites; and an expert based rating system. There was a lot of discussion on rating systems among the participants concerning the necessity of an expert based system; the wisdom of the public in identifications; a simple and easy to use rating system on the portal.

Challenges on the emerging discipline of Biodiversity Informatics - Donald Hobern, Atlas of Living Australia - Web participation.

Donald Hobern participated in the session from Australia over the Internet. His talk and presentation was viewed by the participants via two-way WebEx where he answered questions and interacted with the audience.

Donald presented the Australian Government supported multi-institutional project called the Atlas of Living Australia (ALA). The ALA is a multi-institutional project with large funding to build a comprehensive biodiversity site focused on Australia. The conceptual model for the portal is to build a platform that will aggregate biodiversity information resources from specimen records, field observations, literature, images, experts and amateurs. The information will be integrated as species pages, distributions, regional atlases, and nomenclature. Through this, the portal aims to serve a whole range of users ranging from researchers, taxonomists, land-use planners, and conservation and park managers.

Donald explained the typical specimen, field occurrence and occurrence data and how it is the data is presented via collections. He also explained the services to manage sensitive data and name services available to the public through APIs. The ALA also has rich mapping tools that help relate biodiversity to spatial parameters like rainfall, temperature and other abiotic and biotic factors.

ALA also develops user communities among various stakeholders that include resource management groups, conservation groups, ecological researchers, environmental agencies, field naturalists and taxonomy researchers. They also develop specific use cases and applications for each of these groups.

The questions and interaction session was animated, even though it was on the Internet. One of the issues raised was that the ALA seems to be building an all encompassing and comprehensive portal, without any particular focus theme or focus group. How was the planning of features and functions being done? Donald’s response was the portal team would build functions that they thought would be useful and then engage with user groups to better and fine-tune the application. They engage with user groups about functions on the portal.

The Western Ghats Portal team would like to thank Donald Hobern for his active participation in the workshop with a valued presentation on the state-of-the-art of a comprehensive biodiversity portal.

Plenary II: Scientific commons and policy - 1130 - 1300 hrs

The session was chaired by Dr. Ravi Chellam of the Madras Crocodile Bank Trust. Ravi introduced the session and the speakers. The idea was to generate discussions on data sharing policy among the participants in the context of the Indian legal framework of map policy, biodiversity act, intellectual property, scientific creative commons, and the culture and attitude of Indian scientists. Ravi suggested that the session should lead to further discussions to evolve a policy for data sharing among biodiversity and conservation researchers and to evolve a charter for the best practices among the community.

Commons in the context of Biodiversity Information - Danish Sheikh, Alternative Law Forum

Danish Sheikh from the Alternate Law Forum (ALF) discussed the creative commons and stressed that it maintains the copyright of the contributor. Creative Commons only specifies the terms of sharing the information and in today’s Internet driven world open access to information was essential. With a complex legal framework of creative commons, map policy, biodiversity act, and research interests of individuals, for sharing biodiversity data we must consider property versus propriety. The sharing of information on the portal must be seen from the non-commercial and academic nature of the information as well as the use of data for social good of conservation. Government data in the form of maps and reports should be sharable on an artistic license and they could be deployed on the portal. In the sharing of biodiversity information, there are no concrete cases of violations of laws and thus there are no examples to learn from.

Danish Sheikh had prepared a draft of declaration to be discussed and agreed upon by the community. This was to be circulated to the participants, comments solicited and a broad consensus evolved on the best practices for sharing biodiversity information. The discussions centered on the map policy and the need to carefully study the map policy and the biodiversity act from a legal perspective and arrive at a policy for the portal that will conform to the laws and acts in India.

Open data in the scientific realm - Sunil Abraham, Centre for Internet and Society

Sunil Abraham from the Center for Internet and Society (CIS) spoke on various national and international initiatives on open data in the scientific realm. National consultations and discussions have been going on towards evolving a National Data Sharing and Accessibility Policy (NDSAP) among scientists and researchers in the country. The principle of the policy is based on openness, flexibility, transparency, legal conformity, protection of intellectual property, formal responsibility, and professionalism. Based on these principles, various definitions have evolved. He stressed upon a clear articulation of non-sharable data in the negative list based upon the legal framework and Right to Information Act; restricted access data and open access data.

Sunil Abraham also discussed various international initiatives on scientific data sharing especially in the ecology and biodiversity realm. He spoke of the Eye on Earth initiative for evolving a sharing policy, the framework of the Shared European Environment Information System (SEIS) and various standards for data sharing.

Discussions were around the issues of motivations for data sharing and building social networks and peer encouragement for data sharing. He opined that there was no recipe for engaging the crowd towards building and participating on social networks and sharing information.

Sunil also suggested that the community should evolve a best practices policy document by discussions and debates among themselves. CIS should be seen as a service provider and advocate for evolving a shared policy and lobbying with government if necessary. But the biodiversity community should provide the lead in this effort and the CIS would only be advisory.

Plenary III - Biodiversity portals in India - 1400 - 1700 hrs

The session was moderated by MD Madhusudan of the Nature Conservation Foundation, Mysore. Over the last few years there has been a multitude of portals focused on aggregating and publishing biodiversity information of the Indian sub-continent. Some of these portals are focused upon a region or taxa or subject of interest and some portals address a wider canvas of issues on biodiversity and conservation. The session was focused on presentations by each of the portals, presenting the key features and focus of their portals; the experience of building and running the portals; key lessons learnt and future plans for the portal.

The response for the sessions on biodiversity was enthusiastic. Over 12 portal initiatives were presented. Some of the presentations were by participants in the United States, who run portals on India. The presentations and participation was done over WebEx sessions overcoming the challenge of different time zones.

Madhusudhan moderated the session, keeping focus, and allowing time for discussions and debates.

V.B Mathur, Indian Biodiversity Information Facility (InBIF)

VB Mathur presented plans for a GBIF node to be set up in India at the Wildlife Institute of India called Indian Biodiversity Facility (InBIF). The project is just being initiated and is conceived as a broad and participative initiative to address the challenges to conservation in the 21st century India. With a growing economy, the objective is to provide biodiversity information to build sustainable development for larger and inclusive populations of India. The InBIF has developed a vision and mission statement and will produce a concept paper by a consultative process by next year 2012. InBIF recognizes that such an inclusive biodiversity portal will require significant funding and the involvement of already present biodiversity portals. InBIF proposes to seek substantial funding based on the concept paper via the 12th Five-Year-Plan period starting 2012-2013.

Suhel Quader, Season Watch (http://www.seasonwatch.in), Migrant Watch (http://www.migrantwatch.in)

Suhel Quader presented two portals Seasons Watch and Migrant Watch focused on citizen science initiatives. The Seasons Watch portal is focused on the observation and recording of seasons as revealed by trees, by their fruiting, flowering and leaf fall patterns. About 100 species are observed all over the country. Migrant Watch observes the arrival and departure of migrant bird species across the sub-continent. Both these large citizen science efforts are focused on the recording and understanding of seasons to create a base-line of data on seasons and their variations. These sites are driven by questions and hypotheses. The sites have an active citizen participation. The portals are planning to expand significantly into school networks. The data generated by citizens are freely available on the portals and it encourages others to download, explore, analyze and publish analysis on the data accumulated on the portal.

Sanjay Molur, Pterocount (http://www.pterocount.org/)

Sanjay Molur presented Pterocount a South Asian bat monitoring program. The project is aimed at creating awareness about bat conservation issues and developing data on the status of South Asian bat populations. There are about 3500 species of bats and data on the bat roosts and their populations is collected through online portals as well as offline forms. The information from all these sites will be compiled and analyzed for trends in the population of bats, to identify key threats to roosts and to provide recommendations for their conservation. The data collected is contributed to the IUCN and is shared with other researchers under creative commons licenses. The study is currently focused on a single bat species Pteropus giganteus, but plans to expand to other bat species as well.

Suma Tagadur, Foundation for Revitalisation of Local Health Traditions (http://envis.frlht.org)

Sathya Sangeetha presented the medicinal plants’ envis site maintained by the Foundation for Revitalisation of Local Health Traditions. The site is focused on the development of a database for medicinal plants with details of taxonomy, local names, status, distribution and trade. The site undertakes a systematic update for 12 medicinal plants per year. They also study the conservation status of medicinal plants and help in the identification of a plant red list. They have plans to develop a children’s portal for increasing awareness of medicinal plants among children. With a focused agenda, the site has a specific and valuable role in biodiversity and conservation of India.

Ramesh BR - Western Ghats Portal (http://www.thewesternghats.in/)

BR Ramesh presented the Western Ghats Portal. This is a relatively young initiative launched about six months ago building on the India Biodiversity Portal. The focus of the portal is to collect biodiversity and conservation information on the Western Ghats, a biodiversity hotspot. The portal has a map module, a species pages module, a collaborative module and integrative theme pages. The portal has aggregated significant available data on the Western Ghats and deployed it on the portal. The portal plans to add an observation recording interface and campaign for large scale participation on the portal, and species identification keys.

Shwetank Verma, Biodiversity of India, formerly Project Brahma (http://www.biodiversityofindia.org)

Shwetank Verma presented the Biodiversity of India Portal. The portal is developed and managed completely by voluntary effort, and is aimed at being a wiki resource on the biodiversity of India. The site aggregates data on Indian biodiversity from various public sites and presents it attractively on the portal. It has an effective search engine LigerCat that helps index all information on the portal. It aims to add and enrich information on the human and cultural aspects of species and their uses. The portal is keen on networking and sharing information with other biodiversity sites by building necessary APIs for interactions between various biodiversity sites.

Krushnamegh Kunte, ifoundbutterflies (http://ifoundbutterflies.org/) web participation

Krushnamegh Kunte presented the ifoundbutterfiles portal over a WebEx session from the United States. ifoundbutterflies is a community site on the butterflies of India. It contains information on species pages, life cycle pages, photographs, and identification keys of over 600 species of butterflies in India. All information is carefully peer review and curated a team of biologists studying and researching butterflies. The data is assuredly authenticated and verified and will form a reliable source of butterfly information on India.

Vijay Barve, DiversityIndia (http://diversityindia.org/) web participation

Vijay Barve presented the DiversityIndia, a social network group over a WebEx session from the United States. The effort started off as a yahoo group and then moved to facebook as a more convenient platform to share information on the biodiversity of India. It plans to aggregate the information posted in these groups into a site that will maintain and develop biodiversity databases. The group is open to sharing information and resources with other portals working on the biodiversity of India.

Deepak Menon, India Water Portal (http://www.indiawaterportal.org/)

Samuel Rajkumar presented the India Water Portal. Their portal is supported by campaigning for participation and awareness among various fora on water resources. The features include a question bank and an interaction with experts on water; a data repository on water; and a children’s section. The portal is currently working on a data project aimed at accumulating a large repository of water related data on the portal for open access. The portal intends on expanding with a map component and a data visualization module.

Chitra Ravi, India Biodiversity Portal (http://indiabiodiversity.org/)

Chitra Ravi presented the India Biodiversity Portal. The portal was started in 2008 after the first phase of portal development. Over the past year, the portal has been enriched with checklists and species pages. The portal is closely integrated with the Western Ghats Portal sharing the platform, its features and the data. A comparison of the availability of data in EOL showed that for the lesser known flora and fauna, there is very little information publicly available. The portal expects to fill this gap, by generating rich species and distribution content for Indian species.

M.D. Madhusudhan, Status of Golden Jackals in India

MD Madhusudhan presented a focused and time-based project on the Golden Jackals on India. The site campaigned and crowd sourced on the current and historical occurrence of the golden jackal in India. The enthusiasm for participation was evident with large data collection. The data was analyzed and made available publicly and freely to whoever wanted to use the data. There was a need felt for a generic portal to support such focused time-based crowd sourcing and citizen science efforts.

K.Sankara Rao, Centre for Ecological Sciences, IISc

K Sankara Rao, presented the Center for Ecological Sciences’ creation of a virtual herbarium database from the rich herbarium available at the Institute. The herbarium is Father Saldhana’s collection on the flora of Karnataka and has the best representation of plant specimens of Karnataka. The effort to digitize the herbarium is a passionate project that will make the herbarium resources to be more widely available. Sankara Rao requested volunteers to come forward and work on the project.

Discussions and summary of the day:

The discussions centered on a range of topics and concerns for Biodiversity Informatics in India. They focused on the following themes:

Large and comprehensive portals versus narrow and focused portals. While focused portals seem efficient in achieving their objectives, large portals are trying to explore different mechanisms of harnessing and disseminating information. While such large and comprehensive portals are necessary, they will require larger efforts, longer periods and significant funding to deliver useful content in biodiversity.

Participation and Quality. There were different views on crowd sourcing information and validation mechanisms. The importance of expert-driven efforts on ensuring quality was appreciated, while there was recognition that amateur naturalists and hobbyists could be very knowledgeable and reliable.

The scientific status of a portal can be enhanced with careful expert driven peer review mechanism. Portals could also serve as repositories for data papers publications and citations that would be valued by the scientific community. Target users for the portal. Discussions on target users for the portal covered the whole spectrum from specialists and scientists to activists and concerned citizens. A biodiversity portal was expected to provide information to a variety of users and stakeholders, including managers and policy makers.

Data exchange between portals: There was a general consensus on the interaction and exchange of data among portals. This was heartening to note, but since all the portals are new and evolving, mechanisms of exchange and building APIs for exchange was lower in priority for most portals. However, all portals were open to sharing information. Many of the citizen science portals have made their data public and downloadable.

There were discussions on larger projects like the WGP to engage in technology facilitation for various citizen science projects. This was discussed and opportunities for such technology facilitation need to be explored.

Various mechanisms, such as quiz competitions, interaction with experts, bio-blitzes, campaigns and road shows; to involve and engage citizens on the portal were discussed. There were open-ended discussions on how each portal can maintain its identity and focus, but at the same time evolve mechanisms for interoperability and exchange of information, and on whether we can network and provide easy tool kits for building focused participation sites.

Dr. Prabhakar, concluded the event with a thank you note and by expressing hope that the biodiversity conservation community can build together on the momentum the workshop has created.

List of participants present at the Workshop on Biodiversity Informatics, 25th November, 2011, ATREE, Bangalore

Sr.No	Name	Affiliation	Role
1	Abhisheka	Ashoka Trust for Research in Ecology and the Environment (ATREE)	Audience
2	Ajith Ashokan	Mar Athanasios College for Advanced Studies Tiruvalla (MACFAST), Kerala	Audience
3	Amruta	Research and Action in Natural Wealth Administration (RANWA)	Audience
4	Anand Janakiraman	Western Ghats Portal	Speaker
5	Aneesh A	Ashoka Trust for Research in Ecology and the Environment (ATREE)	Audience
6	Anup Prasad K S	TCS, Bangalore	Audience
7	Anuradha S	University of Maryland, College Park	Audience
8	Aravind N A	Ashoka Trust for Research in Ecology and the Environment (ATREE)	Audience
9	Asha.A	Centre for Ecological Sciences - Indian Institute of Science (IISc)	Audience
10	Ashwini H S	Kuvempu University	Audience
11	Avinash K S	Kuvempu University	Audience
12	Baiju Raj	Agra bear rescue facility	Audience
13	Balasubramanian D	French Institute of Pondicherry	Audience
14	Baranidharan.K	Forest College and Research Institute	Audience
15	Chitra Ravi	Ashoka Trust for Research in Ecology and the Environment (ATREE)	Panelist
16	Danish Sheikh	Alternate Law Forum	Speaker
17	Deepak Menon	ARGHYAM	Panelist
18	Devayani Khare	French Institute of Pondicherry	Audience
19	Dharnidharan	French Institute of Pondicherry	Audience
20	Dinesh T B	Servelots Infotech Pvt. ltd	Audience
21	Dr. B R Ramesh	French Institute of Pondicherry	Panelist
22	Dr. Bhaskar Acharya	Ashoka Trust for Research in Ecology and the Environment (ATREE)	Audience
23	Dr. Chikkaswamy	Om Bioscience Research	Audience
24	Dr. Easa	Asia Biodiversity Conservation Trust (ABCT)	Audience
25	Dr. Gautam Talukdar	Wildlife Institute of India	Audience
26	Dr. Gladwin Joseph	Ashoka Trust for Research in Ecology and the Environment (ATREE)	Audience
27	Dr. Jagdish Krishnaswamy	Ashoka Trust for Research in Ecology and the Environment (ATREE)	Audience
28	Dr. K N Ganeshaiah	University of Agricultural Sciences, Bangalore	Panelist
29	Dr. Karthikeyan Vasudevan	Wildlife Institute of India	Audience
30	Dr. L Shashikumar	Jnana Bharathi, Bangalore University	Audience
31	Dr. M H Swaminath	Addl. Principal Chief Conservator of Forests (Wildife)	Audience
32	Dr. M Sanjappa	Botanical Survey of India(BSI)	Audience
33	Dr. N S Hallikhed	BISB	Audience
34	Dr. R Sukumar	Centre for Ecological Sciences (CES), IISc	Audience
35	Dr. Ravi Chellam	Madras Crocodile Bank Trust	Speaker
36	Dr. V B Mathur	Wildlife Institute of India	Panelist
37	G Areendran	Wildlife Institute of India	Audience
38	G Muthu Sankar	French Institute of Pondicherry	Audience
39	Harinandanan P V	Mar Athanasios College for Advanced Studies Tiruvalla (MACFAST), Kerala	Audience
40	Jagadish	Ashoka Trust for Research in Ecology and the Environment (ATREE)	Audience
41	Jyotish M S	Mar Athanasios College for Advanced Studies Tiruvalla (MACFAST), Kerala	Audience
42	Kavitha A	Ashoka Trust for Research in Ecology and the Environment (ATREE)	Audience
43	Kiran M C	Ashoka Trust for Research in Ecology and the Environment (ATREE)	Audience
44	Krushnamegh Kunte	Harvard University	Panelist
45	M Arulraj	National Remote Sensing Centre (NRSC), Hyderabad	Speaker
46	M D Madhusudan	Nature Conservation Foundation	Audience
47	M Sathya Sangeetha	Foundation for Revitalisation of Local Health Traditions	Audience
48	Madhura Niphadkar	Ashoka Trust for Research in Ecology and the Environment (ATREE)	Audience
49	Meganath V	Mar Athanasios College for Advanced Studies Tiruvalla (MACFAST), Kerala	Audience
50	Naveena N L	University of Agricultural Sciences, GKVK, Bangalore	Audience
51	Nishadh	Salim Ali Centre for Ornithology and Natural History	Audience
52	Prashanth M B	Ashoka Trust for Research in Ecology and the Environment (ATREE)	Audience
53	Priti Gururaj	Ashoka Trust for Research in Ecology and the Environment (ATREE)	Audience
54	Prof. K Sankara Rao	Centre for Ecological Sciences - Indian Institute of Science (IISc)	Audience
55	R C Prasad	Spatial Informatics Lab, IIITHyderabad	Audience
56	Radhika Santhanam	Śramani	Audience
57	Rahul Yadava	Strand Life Sciences	Audience
58	Rajan Pilakandy	Salim Ali Centre for Ornithology and Natural History	Audience
59	Rakesh K N	Ashoka Trust for Research in Ecology and the Environment (ATREE)	Audience
60	Ramesh Kannan	Ashoka Trust for Research in Ecology and the Environment (ATREE)	Audience
61	Ravikanth	Ashoka Trust for Research in Ecology and the Environment (ATREE)	Audience
62	Sabah Rubina	Ashoka Trust for Research in Ecology and the Environment (ATREE)	Audience
63	Samuel Rajkumar	Independent web-developer	Audience
64	Sangeetha Sathya	FRLTH-IAIM	Audience
65	Santosh S Gaikwad	Salim Ali Centre for Ornithology and Natural History	Audience
66	Seena Narayanan K	Ashoka Trust for Research in Ecology and the Environment (ATREE)	Audience
67	Senthilkumar Umapathy	Ashoka Trust for Research in Ecology and the Environment (ATREE)	Audience
68	Shashank P R	University of Agricultural Sciences, GKVK, Bangalore	Audience
69	Shrinivas K R	Kuvempu University	Audience
70	Shwetank Verma	Indian Institute of Science (IISc)	Panelist
71	Sivarajan	French Institute of Pondicherry	Audience
72	Sreerupa Sen	Ashoka Trust for Research in Ecology and the Environment (ATREE)	Audience
73	Suhel Quader	National Centre for Biological Sciences (NCBS)
74	Suma Tagadur	Foundation for Revitalisation of Local Health Traditions	Panelist
75	Sunil Abraham	Centre for Internet and Society	Speaker
76	Supriya K S	National Center for Biological Sciences	Audience
77	T Bala	Keystone Foundation - Flora of Nilgiri	Audience
78	Veeranagappa P	University of Agricultural Sciences, GKVK, Bangalore	Audience
79	Vidyadhar Atkore	Ashoka Trust for Research in Ecology and the Environment (ATREE)	Audience
80	Vijay Barve	Diversity India	Panelist

Also see Western Ghats Portal: Workshop on Biodiversity Informatics

For more details visit https://cis-india.org/openness/summary-of-the-minutes-of-the-workshop-on-biodiversity-informatics

Summary of Judgements on Disability Rights

CLPR — 2014-05-23T09:23:13Z

The following are some of the landmark judgments given by the Supreme Court and some of the high courts in India on disability rights.

Supreme Court Decisions

Deaf Employees Welfare Association v Union of India[1]
This petition was filed seeking a Writ of Mandamus directing the Central and state governments to grant equal transport allowance to its government employees suffering from hearing impairment as what was being given to blind and other disabled government employees. The allowance given to the hearing impaired employees was significantly lower than the allowance granted to other employees with disabilities.

The Supreme Court allowed the petition and directed the Respondents to grant transport allowance to speech and hearing impaired persons also on par with blind and orthopaedically disabled government employees. The court held that “there cannot be further discrimination between a person with disability of ‘blindness’ and a person with disability of ‘hearing impairment’. Such discrimination has not been envisaged under the Disabilities Act.” It held that equality of law and equal protection of law afforded to all persons with disabilities while participating in government functions. The court held that the dignity of persons with hearing impairments must be protected by the state. Even the assumption that a hearing or speech impaired person is suffering less than a blind person is, in effect, marginalizing them; and as such, the same benefits must be given to them, as are awarded to blind citizens. Any move made by the state to further this objective is in consonance with the principles enshrined in Articles 14. This case held that deaf and mute people should also be given transportation allowances on par with blind and orthopedically handicapped employees of the government.

Union of India v National Federation of the Blind[2]
This was an appeal from the decision of the Delhi High Court wherein a public interest petition had been filed which sought the implementation of Section 33 of the Act alleging that the appellants herein have failed to provide reservation to the blind and low vision persons and they are virtually excluded from the process of recruitment to the Government posts as stipulated under the said Act.

The court looked into the calculation of the 3% reservation –whether it refers to cadre strength, or number of vacancies. It was held that 3% refers to a part of the total vacancies in cadre strength. The court also observed, “It is clear that while section 33 provides for a minimum level of representation of 3 per cent in the establishments of appropriate government, the legislature intended to ensure 5 per cent of representation in the entire workforce both in public as well as private sector”.

Government of India v Ravi Prakash Gupta[3]
In this case, the respondent was a visually challenged person who appeared for the civil services examination conducted by the Union Public Service Commission and was declared successful. However, he was not given an appointment even though he was at Sl. No. 5 in the merit list of visually impaired candidates. The respondent approached the Central Administrative Tribunal which refused his application and thereafter the respondent approached the high court. The high court directed the government to accommodate the Respondent in the merit list, against which the state filed an appeal in the Supreme Court. The state contended that since the post for which the respondent was applying was not identified for persons with disabilities and therefore not reserved for them, the government could not make reservations in the same.

The Supreme Court refused the state government’s contention that identification of jobs was a pre-requisite for reservation and appointment under section 33 of the Act.[4] The court held,

"It is only logical that, as provided in section 32 of the aforesaid Act, posts have to be identified for reservation for the purposes of Section 33, but such identification was meant to be simultaneously undertaken with the coming into operation of the Act, to give effect to the provisions of Section 33. The legislature never intended the provisions of section 32 of the Act to be used as a tool to deny the benefits of Section 33 to these categories of disabled persons indicated therein. Such a submission strikes at the foundation of the provisions relating to the duty cast upon the appropriate government to make appointments in every establishment."[5]

Syed Bashir-ud-Din Qadri v. Nazir Ahmed Shah[6]
This was a decision by the Supreme Court. In this case, the Appellant was a B.Sc. graduate with cerebral palsy who had applied for a job as a ‘Rehbar-e-Taleem’ or ‘Teaching Guide’ in the State of Jammu and Kashmir. The state government had initially objected to his appointment on the ground of his disability. The appellant however, with directions from the high court, was appointed under the Jammu and Kashmir Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1998.

The Respondent then filed a petition challenging the order of appointment and the appellant was re-examined by the head of the Department of Neurology. It was indicated in the report that as he had cerebral palsy, he had significant speech and writing difficulties, which would make it difficult for him to perform his duties as a teacher. The high court quashed his appointment and ordered that since the appellant was unfit to the post of the teacher he should be given an alternative employment. His appeal to the division bench of the high court was dismissed and he thereafter approached the Supreme Court.

The Supreme Court observed that,

“This case involves a beneficial piece of social legislation to enable persons with certain forms of disability to live a life of purpose and human dignity. This is a case which has to be handled with sensitivity and not with bureaucratic apathy, as appears to have been done as far as the appellant is concerned... It is only to be expected that the movement of a person suffering from cerebral palsy would be jerky on account of locomotor disability and that his speech would be somewhat impaired but despite the same, the legislature thought it fit to provide for reservation of 1 per cent of the vacancies for such persons. So long as the same did not impede the person from discharging his duties efficiently and without causing prejudice to the children being taught, there could, therefore, be no reason for a rigid approach to be taken not to continue with the appellant's services as Rehbar-e-Taleem, particularly, when his students had themselves stated that they had got used to his manner of talking and did not have any difficulty in understanding the subject being taught by him... Coupled with the above is the fact that the results achieved by him in the different classes were extremely good; his appearance and demeanour in school had been highly appreciated by the committee which had been constituted pursuant to the orders of the high court to assess the appellant's ability in conducting his classes.”[7]

The court directed that in order to overcome the impediment of writing on the black board, an electronic external aid could be provided to the appellant, which could eliminate the need for drawing a diagram and the same could be substituted by a picture on a screen, which could be projected with minimum effort. With these directions for providing reasonable accommodation, the Supreme Court held that the disengagement of the appellant goes against the grain of the PWD Act and hence the order was set aside by the court.

Suchita Srivastava v. Chandigarh Administration[8]
This case was with regard to the reproductive rights of a woman with mental retardation residing at a government run welfare institution in Chandigarh who became pregnant due to a rape by an in-house staff and who wanted to keep the baby and carry on the pregnancy to full term. The Chandigarh Administration filed a petition in the high court seeking permission to terminate her pregnancy under the Medical Termination of Pregnancy Act, 1971 (“MTP Act”) on the ground that she was not capable of carrying on with the pregnancy and would not be able to look after a child. Although the expert body found that the woman had expressed her wish to bear her child, the high court directed the termination of the pregnancy. The woman, through an amicus, appealed to the Supreme Court and one of the main issues before the Supreme Court was regarding the legal capacity of a woman with mental retardation to decide on her pregnancy.

The Supreme Court noted the provisions of the MTP Act, which provided that where pregnancy is a result of rape and termination of the same is contemplated, the consent of the pregnant woman is mandatory.[9] The court also noted the exception to this provision which provided that in case of a pregnant woman who is “mentally ill”, pregnancy can be terminated with the approval of the woman’s guardian.[10] Following this, the court proceeded to make a distinction between ‘mental illness’ and ‘mental retardation’. Upholding the legal capacity of the appellant, the court held:

“While a guardian can make decisions on behalf a ‘mentally ill person’ as per Section 3(4)(a) of the MTP Act, the same cannot be done on behalf of a person who is in a condition of ‘mental retardation’. The only reasonable conclusion that can be arrived at in this regard is that the State must respect the personal autonomy of a mentally retarded woman with regard to decisions about terminating a pregnancy. It can also be reasoned that while the explicit consent of the woman in question is not a necessary condition for continuing the pregnancy, the MTP Act clearly lays down that obtaining the consent of the pregnant woman is indeed an essential condition for proceeding with the termination of a pregnancy... We cannot permit a dilution of this requirement of consent since the same would amount to an arbitrary and unreasonable restriction on the reproductive rights of the victim.”[11]

Thus the Supreme Court clearly held that the MTP Act required the consent of a mentally retarded woman for termination of pregnancy. Following this, the Court concluded that the Appellant was mentally retarded, had not consented to the termination of her pregnancy and in fact, had expressed her willingness to bear the child. Therefore it could not permit the termination of her pregnancy. In arriving at this conclusion, the Court not only recognised the reproductive rights of a woman under the MTP Act, but also recognised international norms and principles on mentally retarded persons and persons with disabilities under the CRPD. In this context the Court specifically held:

"Our conclusions in this case are strengthened by some norms developed in the realm of international law... In respecting the personal autonomy of mentally retarded persons with regard to the reproductive choice of continuing or terminating a pregnancy, the MTP Act lays down such a procedure. We must also bear in mind that India has ratified the Convention on the Rights of Persons with Disabilities (CRPD) on October 1, 2007 and the contents of the same are binding on our legal system."[12]

The court clearly recognised the right to legal capacity of women with mental retardation to take independent decisions on her pregnancy. The Supreme Court held that “Her reproductive choice should be respected in spite of other factors such as the lack of understanding of the sexual act as well as apprehensions about her capacity to carry the pregnancy to its full term and the assumption of maternal responsibilities thereafter.[13]” Therefore, the Supreme Court laid out the specific right to legal capacity which was not subject to an understanding of one’s situation and capacities. This case clearly follows the spirit of protection of legal capacity under Article 12 of the CRPD.

High Court Decisions

Ranjit Kumar Rajak v. State Bank of India(2009) 5 Bom CR 227
The Petitioner in this case underwent a renal transplant in 2004. Subsequently, he applied to the post of a probationary officer in the State Bank of India. After a medical test, the bank rejected him on the ground that he was found medically unfit for the post. The petitioner approached the Bombay High Court by a writ petition claiming that despite medical reports that indicate his fitness to perform his duties, he was denied being considered for employment. The bank rejected him as the rules required the bank to reimburse medical expenses incurred by the officers of the bank and since the medical condition of the Petitioner required regular medical check-ups, the costs would be very high and could not be borne by the bank. The main question, according to the Court, was “whether a person who is fully qualified for a post because of his past or present medical condition which otherwise did not interfere with his fitness to dispense the duties of his post, be denied employment because of the financial burden that would be cast on the employer.”[14]

In an extremely significant ruling, a Division Bench of the Bombay High Court[15] articulated and recognised for the first time the concept of “reasonable accommodation at the workplace” in India. The court relied on the CRPD to decide the duty of the employer in providing reasonable accommodation and the limits on such a duty. The court recognised that India had signed and ratified the CRPD and that Article 27 of the Convention recognises the right of persons with disability to be "accepted in the labour market and work environment that is open, inclusive and accessible to persons with disabilities."[16]

The court also discussed the definition of “reasonable accommodation” under Article 2 as “a necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms.”[17]

In interpreting “reasonable accommodation” and “undue burden” the court relied on the CRPD and recognised the importance of India’s international obligations with respect to rights of disabled persons by stating that:

“The law is now well settled that though the United Nations Convention may not have been enacted into the Municipal Law, as long as the convention is not in conflict with the Municipal Law and can be read into Article 2 thus making it enforceable. Therefore, in the absence of any conflict it is possible to read the test of reasonable accommodation in employment contracts.”[18]

The Court further held:

“A duty is, therefore, cast on the State to provide reasonable accommodation in the matter of employment subject to the burden of hardship test being satisfied. In the absence of a statutory definition of reasonable accommodation, the reasonable accommodation as set out in the protocol in the first instance can be considered. It will have to have a nexus with the financial burden on the institution and/or undertaking which will have to bear the burden and further the extent to which reasonable accommodation can be provided for.”[19]

The court incorporated the right to reasonable accommodation by declaring that “Reasonable accommodation, if read into Article 21, based on the U.N Protocol, would not be in conflict with municipal law. It would give added life and dimension to the ever expanding concept of life and its true enjoyment.”[20] Following this, the court concluded that the bank has a duty to provide reasonable accommodation to the petitioner subject to any undue burden. The court observed that no evidence was presented on how the financial burden would actually be a caused to the bank in providing reasonable accommodation to the petitioner even if it meant meeting his medical expenses. Consequently, the court allowed the petition and directed that the Petitioner be offered appointment and allowed to join the post.

Lalit and Others v Govt. of NCT and Another[21]
This petition was filed by 12 inmates of the hostel attached to Andh Mahavidyalya, New Delhi, an institution for visually impaired students, seeking a direction that they may not be expelled or dispossessed from the hostel. Out of these 12 inmates, expulsion orders were issued by the Respondents against 5 inmates on the ground that the hostel was meant for only students up to Class VIII and the petitioners had overstayed beyond this class. Many of them were between 25-35 years old and it was alleged that there was a shortage of space for deserving younger visually impaired students and that they were also intimidating the younger students. One of the main issues before the Court was whether the hostel was obligated to accommodate the petitioners because of their disabled status even if it resulted in a disadvantage to the other disabled students.

Justice Muralidhar of the Delhi High Court noted that the facts illustrated the lack of decent accommodation for children with disabilities and recognised the associated problems of lack of resources, hygiene and accountability in the running of institutions with disabled children. The court held as follows:

“In the context of the inviolable human rights of the disabled, it is necessary to take note of the binding and mandatory provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (specifically Sections 26 and 30) (`PDR Act’) and the Convention on the Rights of Persons with Disabilities (`CRPD’) which has been ratified by India. In particular, Article 7 which set out the obligations of the States towards children with disabilities, Article 9 which obliges the States to take appropriate measures to ensure access to “schools, housing, medical facilities’, and Article 24 which deals with the right to education are relevant.”

The court relied upon Article 24 of the CRPD which guaranteed the right to education and held that in the context of a disabled child housed in a state-run institution there are a cluster of laws all of which can be traced to the fundamental rights to liberty and a life with dignity. It held that in the context of a young person receiving education in a state-run institution as a resident scholar, the right to shelter and decent living is an inalienable facet of the right to education itself and when the State takes over the running of an educational institution that caters to the needs of the disabled, it has to account for the ‘cascading effect’ of multiple disadvantages that such children face.

In the context of the present case however, the court held that due to the limitation of resources, all the visually impaired persons at the Andh Mahavidhyalala, irrespective of their age cannot possibly expect to be allowed to live there as the primary purpose should be to cater to the needs of young children studying up to class VIII. If this primary object was not kept in view, then it may result in an unfair denial of the right to education of other deserving young students who are visually challenged.

The court thus directed the Respondent authorities to take every possible effort to see if all the 5 inmates who were given expulsion orders could be accommodated in any of the other institutions in Delhi. Sufficient time of 6 months should be given to them to make alternative arrangements and assistance should be given to help them find alternative accommodation. The court also observed that this case should act as a wakeup call for the government to monitor the functioning generally of all institutions under its control, particularly for the disabled. This case illustrates the incorporation of the CRPD principles with regard to reasonable accommodation and right to education of children. The court was called upon to balance the two rights, which it ultimately did by taking into account the level of disabilities faced by each group demanding accommodation.

The National Association for the Deaf v. Union of India [22]
This was a public interest petition filed by the National Association for the Deaf before the Delhi High Court on the non-availability of sign language interpreters in public services. The petition complained of the lack of availability of adequate number of sign language interpreters in various public places and sought for directions against the Ministry of Social Justice and Empowerment and other authorities to ensure access and better training of sign language interpreters.

While the court noted the lack of availability of sign language interpreters, it agreed with the Petitioner Association that due to non-availability of interpreters, the hearing impaired were unable to avail medical, transport and banking facilities and to also seek police help. With regard to the importance of ensuring the availability of support in the form of interpreters, the Court relied on the CRPD and held,

“The United Nations Convention on the Rights of persons with disabilities adopted by the General Assembly and ratified by the Govt. of India on 1st October, 2007 also provides for taking appropriate measures to provide forms of live assistance and intermediaries including guides, readers and professional Sign Language Interpreters to facilitate accessibility to buildings and other facilities open to the public. Needless to state that all the said rights are composite part of life enshrined in Article 21 of the Constitution of India.”[23]

Based on this, the court issued specific directions to the respondent authorities which included undertaking a survey to assess the availability and requirements for sign language interpreters, appointing nodal officers to seek information from concerned authorities and prepare a report to be used for creation of new posts, creating courses and curricula for training of interpreters.

BhagwanDass and Anr v. Punjab State Electricity Board
In this case, the Appellant was an Assistant Lineman in the Respondent Board. During his service, he became totally blind and the Respondent failed to accommodate him in an alternative post as per Section 47 of the PWD Act and terminated his service. Therefore the appellant approached the High Court of Punjab and Haryana against the termination of his service. The high court dismissed the petition and the Appellant appealed to the Supreme Court.

The Supreme Court allowed the appeal relying on Section 47 of the PWD Act and observed that the Board had an obligation to follow this provision as the appellant had acquired disability during his service. On Section 47, the Court relied on a previous decision in Kunal Singh v. Union of India and Anr[24] which held that, “In construing a provision of a social beneficial enactment that too dealing with disabled persons intended to give them equal opportunities, protection of rights and full participation, the view that advances the object of the Act and serves its purpose must be preferred to the one which obstructs the object and paralyses the purpose of the Act”[25]

The court gave a broad interpretation to Section 47 and took a protective approach towards persons with disabilities by holding:

“From the narrow point of view the officers were duty bound to follow the law and it was not open to them to allow their bias to defeat the lawful rights of the disabled employee. From the larger point of view the officers failed to realise that the disabled too are equal citizens of the country and have as much share in its resources as any other citizen. The denial of their rights would not only be unjust and unfair to them and their families but would create larger and graver problems for the society at large. What the law permits to them is no charity or largess but their right as equal citizens of the country.”

Ritesh Sinha v. State of Haryana[26]
In this case, an important interim order was passed by the High Court of Punjab and Haryana and the matter is still pending. The petitioner was a person with locomotor disability and was appointed as a clerk by the District and Sessions Judge, Karnal in the post reserved for physically disabled persons. Thereafter his services were terminated due to his inability to perform the duties as a clerk who was expected to write the office notes and maintain records in his own hands.

The court held that as the petitioner was well conversant with computer operations and that there could be plenty of work done by him like preparation of daily cause lists of all courts, certified copies of judgments, etc., which could be assigned to a computer savvy person like him. The court directed that in the interim, his dismissal order would remain stayed, and the respondents were directed to reinstate the petitioner in service with all benefits. The court even directed the respondents to immediately construct a ramp / slope so that the petitioner could enter his office and a compliance report to be submitted to court about the same. Further, it directed the respondents to see that a congenial atmosphere is created at the workplace so that the Petitioner is made an integral part of the mainstream workforce.

U.P. Vishesh Shikshak Association v. State of U.P.[27]
Here the Petitioner Association had filed a public interest petition before the Allahabad High Court contending that the pupil-teacher ratio so far as specialised teachers and children with disabilities was concerned was not adequate and claimed that the government circular on Integrated Education for Disabled Children Scheme mandated a pupil teacher ratio of 8:1. It also claimed that the Rehabilitation Council of India Act, 1992 imposed a statutory duty on the State to make arrangements for adequate number of teachers for persons with disabilities.

The Allahabad High Court recognised the statutory duty of the State to “provide all necessary help and assistance to physically disabled students.”[28] However, in response to an argument that orthopaedically handicapped children do not require specialised teachers, it held, “We are of the view that now, the right to education and right to livelihood being the fundamental rights enshrined under Articles 21 and 21-A of the Constitution, the State Government has to make all efforts to provide necessary assistance to all disabled persons. Taking into consideration the meagre strength of 1291 teachers, we cannot presume that State Government may be able to impart education to disabled students.”

Manjunatha v. Government of Karnataka and Ors[29]
In this case, the petitioner, who was completely blind sought to apply for the B. Ed. Course under the government quota of seats in Karnataka. However, he was denied admission by reason of the condition that persons with disability greater than 75 per cent would not be eligible for admission. The announcement issued by the respondent permitted applications from persons with disability but restricted it to such applicants who had a disability exceeding 40 per cent but below 75 per cent.

The Karnataka High Court allowed the petition by holding that such a provision in the announcement ran counter to the PWD Act. The respondent government argued that the upper limit in the announcement was based on a similar provision in Karnataka Selection of Candidates for Admission to Teachers Certificate Higher Course (TCH) and Bachelor of Education Course (B.Ed.) Rules 1999 and therefore such a notification could not be challenged. The bench however, rejected this contention and held that even the Rules run contrary to the PWD Act and the state government could not rely on the Rules to deny admission to candidates having more than 75 per cent disability. The court ruled in favour of the petitioner and held that he was entitled to take up CET for admission to B.Ed. course and further declared that he shall not be denied admission on the basis of his disability exceeding 75 per cent.

The observations of the court strengthened the protection for persons with disabilities as it effectively held that the disability legislations would take precedence over administrative rules of the government.

KritikaPurohit and Anr. v. State of Maharashtra and Ors.[30]
The petitioner was a visually impaired student who sought admission to the course in Bachelor of Physiotherapy but was not permitted to apply for the same. The petitioner contended that although the post of a physiotherapist was considered to be suitable for blind persons, the denial of courses in physiotherapy for blind persons ran counter to Section 39 of the PWD Act and that the respondents were obliged to make all accommodations for the Petitioner in conformity with Article 24(2) of the CRPD.

The respondents contended that it was not practical for the petitioner to be involved in the course. However, the court also noted the petitioner’s reliance on the circular of the Mumbai University in mandating that resources should be made available to visually impaired student to allow them to complete their courses. In view of these materials, the court observed that the respondents had shown a negative attitude towards persons with disabilities and “have not cared to consider the object underlying the provisions of Disabilities Act, 1995”. Therefore, by an interim order dated 2 August 2010, it directed the Commissioner of Disabilities to consider all the materials and make suitable instructions to the respondents for making necessary arrangements for admission of visually challenged students. It also directed that the petitioner should be provisionally admitted for the course and should be provided with resources for translation of the material to braille.

Subsequently the court found that the petitioner had completed the first exam and had secured 62 per cent in the same. Therefore, it held that she should be allowed to be admitted and complete the course. However, the court noted that the state government had accepted the guidelines of the Maharashtra State Council for Occupational Therapy and Physiotherapy that visually impaired candidates are not fit for the physiotherapy course. On this, it noted the contentions of the Petitioner and also Xavier’s Resource Centre for the Visually Challenged who claimed that a physiotherapist is not required to perform all the functions of physiotherapy and visually impaired physiotherapists can perform all functions with assistance if necessary. They also pointed out various physiotherapists who were working in Maharasthra successfully for many years. The court held that “We are, therefore, of the view that the stand of the respondent authorities is clearly discriminatory and adversely affects the Right to Life and equal opportunities of the petitioner as also other such students similarly situated. The fact that petitioner though being visually impaired not only passed her first year examination with 62% marks and is successfully studying in 2nd year, and several visually impaired persons have been working as professional physiotherapists in India as well as abroad appeals to us not to allow the petitioner as also others in the same position to be discriminated against or disqualified on that ground.[31]”

Thus, the court stayed the decision of the state government and directed the respondents to consider candidates with visual disability for admission to the course in physiotherapy.

[1]. Civil Petition 107 of 2011, decided on December 12, 2013.

[2]. (2013)2 SCC 772.

[3]. (2010) 7 SCC 626.

[4]. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, section 33, available at http://www.socialjustice.nic.in/pwdact1995.php?format=print

[5]. Id at Para 16.

[8]. 2009 (9) SCC 1.

[9]. See Section 3(4)(b), Medical Termination of Pregnancy Act, 1971.

[10]. See Section 3(4)(a), Medical Termination of Pregnancy Act, 1971.

[11].Suchita Shrivastavav Chandigarh Administration, (2009) 9 SCC 1, at para 15.

[12]. See Id at Para 25, 26.

[13]. See SuchitaShrivastava (n 5) at Para 10.

[14]. Ranjit Kumar Rajak v. State Bank of India 2009 (5) BomCR 227 at Para 1.

[15]. With Justice Re

[16]. See Article 27(1), CRPD (n 1).

[17]. Reasonable accommodation is recognised under Article 2 of the CRPD and is defined as follows: ‘“Reasonable accommodation” means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms.”

[18]. Ranjit Kumar Rajak (n 9) at Para 17.

[19]. Id at Para 19.

[20]. Id at Para 21.

[21]. W.P. (C) No. 3444/2008, Judgment dated 7.5.2010 (Delhi High Court).

[22]. W.P.(C) No.6250/2010, Judgment dated 24.11.2011 (Delhi High Court).

[23]. The National Association of the Deaf v Union of India(n 20) at Para 7.

[24]. (2003) 4 SCC 524.

[25]. Id at Para 9.

[26].CWP NO. 3087 OF 2011 (Punjab and Haryana High Court).

[27]. Misc Bench No. 5622/ 2010, order dated 17 June 2010 (Allahabad High Court).

[28]. Id at Para 12.

[29]. W.P. 35969/2010, judgment dated 29-09-2011 (Karnataka High Court).

[30]. W.P. 979/2010, Bombay High Court.

[31]. KritikaPurohit and Anr. v. State of Maharashtra and Ors., W.P. 979/2010, Bombay High Court, order dated 17 November 2011, para 7.

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