Centre for Internet and Society

Comments on Guidelines for Indian Government Websites

nirmita — 2017-11-26T07:08:25Z

The Ministry of Electronics & Information Technology, Government of India has published the Guidelines for Indian Government Websites (GIGW). Nirmita Narasimhan on behalf of the Centre for Internet & Society gave comments on GIGW.

See the response to suggestions and comments sent on GIGW by committee members here
See the Guidelines for Indian Government Websites here

For more details visit https://cis-india.org/accessibility/blog/comments-on-guidelines-for-indian-government-websites

Advocating for Openness: Nine Ways Civil Society Groups Have Mobilized to Defend Internet Freedom

Admin — 2017-11-26T03:58:47Z

The debate over whether the Internet is a better tool for democratic empowerment or authoritarian control misconstrues the nature of the democratic challenges of the digital age.

The blog post by Sarah Oh was published by the Center for International Media Assistance on November 15, 2017

Key Findings

Civil society groups from the Global South are leading the charge to advocate for an Internet that remains open, pluralistic, and democratic. The nine case studies highlighted in this report demonstrate various ways groups in different countries have successfully fought for policies and norms that strengthen Internet freedom and digital rights. These strategies include awareness-raising, nonviolent direct action, regional and international coalition-building, and strategic litigation.

Media freedom advocates have been at the forefront of many Internet freedom efforts.
Threats to independent media online and freedom of expression continue to mount as authoritarian regimes become more technologically savvy.
Building broad civil society coalitions around Internet rights increases the chances of long-term success.

Introduction

The debate over whether the Internet is a better tool for democratic empowerment or authoritarian control misconstrues the nature of the democratic challenges of the digital age. The Internet is not a tool, but a complex domain of “competing forces and constraints.”1 These forces are comprised of powerful businesses, states, politicians, criminal enterprises, advocacy groups: in short, all of the elements present in any democracy. But in this cyber-democracy, forces compete in part on the shifting ground of the technological and physical infrastructure of the Internet, where some players wield more power than others with an ability to mold the terrain in their favor. Authoritarian states aware of what is at stake in the evolution of the Internet are beginning to engage in long-term and well-resourced efforts to undermine the democratic rights of citizens in this more fundamental way.

In a reference to the distributed denial-of-service (DDoS) attacks that take down a specific website, these broader efforts represent what some have called a “distributed denial-of-democracy” (DDoD) attack aimed at reducing the utility of the Internet for genuine democratic discourse. These efforts, which are coordinated and well resourced, are often more insidious, harder to detect, and have the overall effect of undermining civic engagement and overall trust in the media ecosystem.

And while the diffuse and fast-changing nature of Internet can at times make it difficult for authoritarian regimes to exert their control, the complex interplay between technology, laws, infrastructure, and socio-political factors shaping the Internet make it equally difficult for democratic actors to counteract these DDoD strategies. As an additional obstacle, the values that underpin Internet freedom can be sidelined in the forums and governing bodies that set Internet standards by the dominance in those spaces of private tech companies concerned primarily with generating profits.

Formidable though they may be, these challenges are not insurmountable. Civil society groups from the Global South are leading the charge to advocate for an Internet that remains open, pluralistic, and democratic. The nine case studies highlighted in this report demonstrate various ways groups in different countries have successfully fought for policies and norms that strengthen Internet freedom and digital rights. These strategies include awareness-raising, nonviolent direct action, regional and international coalition-building, and strategic litigation.

Each of the following case studies corresponds to one of the nine guiding principles of a Democratic Framework to Interpret Open Internet Principles. This framework was collaboratively developed by a network of civil society groups worldwide to illuminate the ways that an open Internet is essential for the functioning of democratic societies. It was inspired by the norms and standards developed by the Internet Rights and Principles Dynamic Coalition (IRPC) of the United Nations Internet Governance Forum.

The framework is an important starting point for more effective, coordinated effort to ensure that the Internet remains a welcoming place for democratic life. Its aim is to create a consensus around the values that should shape the future development of the Internet. But moreover, it also provides an avenue for understanding and sharing knowledge on the concrete strategies that can be put into practice in different contexts to make sure that the Internet remains a level playing field. The following nine examples demonstrate how citizen groups can mobilize to enshrine such democratic principles in cyberspace.

“The debate over whether the Internet is a better tool for democratic empowerment or authoritarian control misconstrues the nature of the democratic challenges of the digital age.”

1. Freedom of Expression

In the Philippines, a cybercrime law introduced in 2012 proposed increasing penalties for libel and giving authorities unchecked power to track information online. Internet freedom activists worried several provisions of the law would infringe on freedom of expression by preventing Filipinos from freely posting content on websites, and participating in online forums and discussions without fear of being blocked or facing serious penalties. In response, pro-democracy organizations from across the political spectrum joined together to challenge the constitutionality of the law. Through protests, roundtables, and capacity building activities, they raised awareness and encouraged advocacy efforts around the dangers the law posted to freedom of expression and privacy. The Foundation for Media Alternatives (FMA ), a digital rights organization founded after the fall of the Marcos dictatorship and the Philippine Internet Freedom Alliance (PIFA), a broad nationwide coalition of pro-democracy and Internet freedom advocates, were among the organizations in the front lines on the struggle. PIFA was even one of the 20 organizations to file 15 petitions to the Supreme Court about the constitutionality of the law.

Public efforts in the courts and actions in the streets contributed to the takedown of three contested provisions of the law, including provision that would allow government to block or restrict access to computer data. The Supreme Court declared these provisions unconstitutional and delayed implementation of the law. Despite public concerns about the surviving provisions, the national campaign against the cybercrime law led to a turning point for Filipino activists; it showed the power of people coming together and fighting for the importance of digital rights in the Philippines. Initially fragmented, the campaign led to a larger movement unified under the goal of protecting human rights and freedom of expression online. Thus, it took the introduction of a flawed law and active public campaigns to initiate a broader dialogue about privacy, surveillance, and digital security. Digital rights communities across Southeast Asia have been inspired by Filipino advocacy efforts, which they have understood to be an example of how to communicate the balance required between anti-cybercrime measures with fundamental rights to a public audience.

2. Freedom of Assembly and Association

Social media is an important organizing tool for journalists and advocacy groups in Uganda. Facebook, WhatsApp, and other messaging applications have been used to share political knowledge, connect leaders with supporters, and organize events — even share information about government abuses. During national ‘Walk to Work’ protests in 2011, organized to protest living costs after presidential elections, Facebook and Twitter provided a steady stream of updates from protestors, bystanders, and journalists.

Using social media, however, can have dangerous consequences for marginalized groups such as the LGBT community. The government of Uganda has been known to collect user information and prosecute individuals based on information shared on social media. Uganda is one of 76 countries where homosexuality is currently criminalized, and LGBT activists fear that their online conversations will be monitored and used against them. By posting information taken from photos and content posted on Facebook, a local tabloid exposed the identity of numerous members of the LGBT community in 2011 and again in 2014. The tabloid stories in 2011 are believed to have contributed to the killing of David Kato, a prominent gay rights activist.

Furthermore, the government has repeatedly restricted access for advocacy groups to use the Internet to share political information. In 2016, the country’s media regulator restricted the use of WhatsApp, Facebook, and Twitter to prevent the organizing of protests before presidential elections in February as the government had done before in 2011. In both cases, the electoral commission enforced the social media shut-down.

Civil society groups have responded in two ways. First, they have sought to deepen their digital security capacity. To protect against threats to journalists, LGBT organizations, and other groups have learned how to use Facebook and social media applications more securely and to implement other practices that increase their privacy. In the lead up to the 2016 election this included the use of virtual private networks (VPNs) to share information. Civil society groups spread information about how to use them through radio broadcasts. The fact that the hashtag #UgandaDecides trended on Twitter shows how they were able to spread their knowledge through local networks and connect with international media. Secondly, civil society groups built coalitions with international organizations to draw attention to abuses taking place in Uganda. In 2016, Access Now supported a coalition of groups to demand that the government stop the Internet shutdown as part of the #KeepitOn campaign.

3. Accessibility

In Nigeria, national broadband plans have overlooked rural communities, leaving them with low bandwidth and high-cost options for Internet access. This means that broadband and mobile data fees are unaffordable to many in Nigeria, especially the poor. Fixed-line broadband subscriptions cost an average of 39 percent of average income, and mobile broadband packages cost 13 percent. Given that approximately 80 percent of Nigerians earn below the poverty line ($2 a day or less), access to the Internet is out of reach and unaffordable for a majority of citizens in Nigeria.

The Alliance for Affordable Internet, a global coalition working on Internet affordability, works with Nigerian civil society leaders to raise awareness around this issue through thematic working groups. The consumer advocacy and pricing transparency working group, for instance, works closely with a coalition of Nigerian NGOs that have been leading campaigns to raise awareness about pricing and taxation policies that have been proposed in Nigeria. One proposed policy includes imposing a nine percent tax on voice, data, and SMS services to consumers. This policy would make the Internet dramatically more expensive for Nigerian consumers. Groups say they worry about the consequences of the proposed policy in an environment where farmers are forced to climb trees just to get a stable Internet connection.

Civil society leaders who are part of the coalition have worked to build a healthy dialogue between regulators, civil society, and the government. A key strategy, according to activists, has been encouraging groups to find constructive ways to work with government and leveraging the interests of each of these groups to protect and drive down costs for Nigerian consumers. They seek to build relationships with the regulator and to inform them about ways to better communicate with and engage consumer groups, such as sharing their content through social media rather than press releases. Another important learning has been identifying champions within government to work on these issues.

4. Privacy and Data Protection

In Burma, gaps in the law have left citizens vulnerable when it comes to privacy and data protection. Restrictions on privacy have eased since the country’s transition from military rule, but a lack of data protection laws and general lack of awareness around privacy and data protection present significant challenges for protecting an open Internet.

Messaging applications such as Viber and Facebook Messenger, for example, are the de-facto tool for communication for activists and are used to organize political events and activities. Cheaper than voice calls, far more accessible than landlines, and easier to use than email, these tools are the primary way people in Burma communicate. Activists have received harsh penalties for sharing content that may be viewed as threatening state security. These applications are often not secure, making it possible for Burma state authorities or agents of the state to intercept their conversations. During a crackdown on student protests in March 2015, mobile phones were taken by police. Activists worried at the time that information on these phones would eventually be used against them.

Observing the need to protect activists and educate them about data protection, activists in 2016 formed a coalition, Digital Rights MM. The coalition, led by Phandeeyar, Myanmar Center for Responsible Business, Myanmar ICT for Development, and Free Expression Myanmar, has led a national conversation on the issue. Drawing on expertise from the region and international organizations, 22 local Burma-based organizations have been successful in pointing out gaps when it comes to privacy and freedom of expression in the national telecommunications law, a comprehensive law that oversees the development of the telecommunications sector in Burma. They also participated in meetings with the government and launched a public facing campaign #ourvoiceourhluttaw pushing to amend 23 articles, including one on lawful interception of data.

“Messaging applications such as Viber and Facebook Messenger, for example, are the de-facto tool for communication for activists and are used to organize political events and activities.”

5. Personal Safety and Security

In Pakistan, women face threats of physical, sexual, and psychological harassment online. Leaking explicit photos and threats of blackmail are growing increasingly more common. From 2014 to 2015, more than 3,000 cybercrimes were reported to the Federal Investigation Agency and of those cases, nearly half were targeted to women on social media. Observers estimate far more cases go unreported. In fact, in workshops conducted by the The Digital Rights Foundation, many female college students reported that they did not know cyber harassment was a crime.

Online platforms are an important space for political engagement, expression, and mobilization in Pakistan. Thus, online harassment directly impacts the political participation of women, including female journalists and women politicians. In 2016 the Digital Rights Foundation established a Cyber Harassment Helpline that women can reach out to for help when they are harassed on the Internet. One of the main objective of the helpline is to help bridge the trust deficit between survivors and law enforcement agencies. An analysis of more than 400 cases showed that the most common barriers to equal participation are non-consensual use of information, impersonation, account hacking, black mailing, and receiving unsolicited messages; the most targeted groups include women, children, human rights defenders, and minority communities. The Digital Rights Foundation has also been leading efforts to strengthen legal protections for women and responding to survivors by recommendations to law enforcement agencies and the government. Pakistan has a National Response Centre for Cybercrime, but it has faced challenges serving women outside of major cities.

6. Inclusion

In India, the population of people with disabilities is estimated to be as high as 150 million people, and the recorded rates of those who are vision-impaired are among the highest in the world. Indian digital rights advocacy groups, like the Centre for Internet and Society (CIS) have worked to ensure that these individuals are able to participate fully online by promoting policies that prioritize accessibility. These include the National Policy on Universal Electronics Accessibility, the Rights of Persons with Disabilities Act, and Guidelines for Indian Government Web (GIGW), which all require government information be shared in formats that are accessible. Advocacy groups, however, have successfully shown that policies alone are not enough and have taken action to ensure persons with disabilities have access to critical resources and information online.

Mobile phones in particular are a vital portal to access government services, but mobile applications remain largely inaccessible to many people with disabilities, especially those with vision disabilities. For example, CIS observed in 2015 that the MyGov, the Indian Government’s mobile citizen engagement platform and the Prime Minister’s application was highly inaccessible: screens cannot be navigated by visually impaired users and can also not be read using a screen reader. Based on this, CIS with other advocacy organizations worked on framing accessibility guidelines for mobile applications recommended to the Government of India as a standard. Advocacy groups, such as the National Centre for Promotion of Employment for Disabled People (NCPEDP), have also been appealing to the private sector to ensure products designed to serve these needs are affordable and readily available to people with disabilities. They appeal to Indian companies and policymakers by advocating for the universal appeal of assistive technology to ensure disabled communities are not left behind.

Sustained advocacy, new legal mandates applied to public and private sectors, and increased research in this domain have helped advance the issue of accessibility of mobile applications. The country’s National Informatics Centre has set up a committee to revise the GIGW to bring them up to speed with international standards.

For more details visit https://cis-india.org/accessibility/news/cima-sarah-oh-november-15-2017-openness-nine-ways-civil-society-groups-have-mobilized-to-defend-internet-freedom

How tech is making life easier for differently-abled

Admin — 2017-11-08T01:49:38Z

Scattered on technology specialist Amit Bagwe's desk beside his laptop are a Sam sung tablet and an iPhone7.

The article by Shalini Umachandrani was published by Times of India on November 7, 2017. Nirmita Narasimhan was quoted.

It's like any other tech worker's desk, except for the portable electronic magnifier he uses to read what's on his screen. Bagwe, who was born with low vision and lost sight in his right eye in 2005 following an accident in the chemistry lab, works with BarrierBreak in Mumbai, helping companies modify their software to include the needs of people with disabilities as well as train the disabled to use software. "Saying technology is a boon may seem like a cliche but just ask a person with a disability," he says.

Forced to drop out of college after the accident, the turning point came in 2012 when he signed up for a threemonth internship at BarrierBreak."That's when I started using screen readers," he says. He returned to college for a BSc in information technology. "I could study on my own, navigate the city, go to a restaurant for a meal. I never thought I'd own a smartphone let alone use one," he says.

Assistive technology designed to help people with disabilities with their daily tasks is a huge and untapped market in India largely because developers and companies are unaware of their needs. There's been progress in recent years -for instance, buried in the settings of any smartphone are accessibility controls for the disabled -but not all products, apps and devices are easy to use since the needs of the disabled aren't considered at the design and conceptualisation stage.

Dr Nirmita Narasimhan, senior fellow and programme director, Global Initiative for Inclusive ICT, is confident that technology will reduce inequality and inability, and negate frustration. But there are hurdles. "We have screen readers but the technology is not enabled to support a third-party device, or someone hires a consultant to make a website accessible once, then more content is uploaded later and that's not accessible," she says.

Gaurav Mittal, co-founder of EyeD, an app that uses the smartphone's camera to guide people, says the main challenge is empathy. "Observing the world as a person who cannot see is hard. And they are slow to share deeply with us. What makes them laugh, what makes them cry, we need to know this to truly design a product that will help."

With the app and its text reading function, a visually impaired user can navigate streets, find landmarks, and identify objects of interest. His team has also developed a customisable Eye-D keypad that makes smartphones easier to use for the blind. Mittal started Eye-D as "a hobby project" in 2012 after spending a day at National Association for the Blind in Bengaluru during a CSR event for his former employer."I was amazed that visually impaired people could code and use computers easily but struggled to use a smartphone and do things such as navigate the city independently," he says. In 2015, he quit his job and went fulltime; the app is now used by people in 160 countries. EyeD launched a Hindi reading OCR (optical character recognition) version last month, costing Rs 800.

Ajit Narayanan points out that software developed for the disabled community can serve a wider population. His Avaz app and its complementary FreeSpeech app -developed to help children with cerebral palsy, autism and speech impairment use pictures to communicate and learn grammar and language -is now also used by students in China to learn English. "Conversely, the iPad, invented for people without disabilities, had so many features that made it easy for the disabled to use," says Narayanan, 36. He started his company, Invention Labs, in 2007 but struggled initially to create a device."Once the iPad was released in 2010, things took off as we could just focus on the software," he says. Apple's Siri and Amazon's Alexa are based on speech recognition software devel oped for the blind but are now used widely just to make life easier for everyone. Microsoft recently released a free iPhone app that uses Artificial Intelligence (AI) to tell the blind what is around them. If the phone is pointed at a park, the camera app, named Seeing AI, can describe what the scene looks like. Similarly, it can tell the amount of your restaurant bill.

The problem is that most people with disabilities are introduced to technology only at college level."They lose so much time," says Siddhant Chothe, co-founder, Tekvision, a Pune-based startup that helps companies comply with accessibility standards. Chothe, who has had low vision since birth, says he's getting more enquiries for training and compliance since the government passed the Rights of Persons with Disabilities Act, 2016, which makes it mandatory for government and private service providers to make all services inclusive and accessible.Legislation means more developers will learn to create inclusive products and clients will demand them."Inclusivity doesn't have to be an expensive afterthought," he says."It's really quite simple to design keeping our needs in mind."

In India, however, only a few can afford this technology. "This is because we are still retrofitting. All the solutions are coming from the West.We need more indigenous development," says Shilpi Kapoor, founder and CEO, BarrierBreak, an accessibility consulting and assistive technology firm. She's also started Newz Hook, an inclusive news website.

For more details visit https://cis-india.org/accessibility/news/the-times-of-india-shalini-umachandrani-november-7-2017-how-tech-is-making-life-easier-for-differently-abled

October 2017 Newsletter

praskrishna — 2018-01-10T00:53:03Z

October 2017 Newsletter

Dear readers,

Previous issues of the newsletters can be accessed here.

Highlights
CIS submitted its comments on mobile accessibility guidelines to the Ministry of Electronics & IT, Govt. of India. Between 1 to 16 September, an online discussion took place on the creation of social media guidelines and strategy for Telugu Wikimedia handles online. Manasa Rao captured the developments in a blog post. Padma Venkataraman in a blog entry chronologically mapped CIS’ efforts at enhancing financial transparency and accountability at ICANN, while providing an outline of what remains to be done. Shyam Ponappa's article on NPAs and structural issues was published in the Business Standard on October 5, 2017.

Highlights

CIS submitted its comments on mobile accessibility guidelines to the Ministry of Electronics & IT, Govt. of India.
Between 1 to 16 September, an online discussion took place on the creation of social media guidelines and strategy for Telugu Wikimedia handles online. Manasa Rao captured the developments in a blog post.
Padma Venkataraman in a blog entry chronologically mapped CIS’ efforts at enhancing financial transparency and accountability at ICANN, while providing an outline of what remains to be done.
Shyam Ponappa's article on NPAs and structural issues was published in the Business Standard on October 5, 2017.

CIS in the News:

Attempted data breach of UIDAI, RBI, ISRO and Flipkart is worrisome (DailyO, October 4, 2017).
Sex, drugs and the dark web (Hindu; October 7, 2017).
Ahead of data protection law roll out, experts caution that it shouldn't limit collection and use of data (First Post; October 12, 2017).
#NAMAprivacy: The economics and business models of IoT and other issues (Medianama; October 18, 2017).
#NAMAprivacy: Data standards for IoT and home automation systems (Medianama; October 18, 2017).
Majority of top politicians' Twitter followers fake: audit (Furquan Moharkan; Deccan Herald; October 24, 2017).
Awards for those working on employment opportunities for disabled (Eastern Mirror; October 24, 2017).
Nibbling away into your bank account, salami attackers cart away a fortune (New Indian Express; October 25, 2017).
Nirmita Narasimhan wins the 18th NCPEDP-Mindtree Helen Keller Award 2017! (National Centre for Promotion of Employment for Disabled People; October 31, 2017).

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Access to Knowledge
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Our Access to Knowledge programme currently consists of two projects. The Pervasive Technologies project, conducted under a grant from the International Development Research Centre (IDRC), aims to conduct research on the complex interplay between low-cost pervasive technologies and intellectual property, in order to encourage the proliferation and development of such technologies as a social good. The Wikipedia project, which is under a grant from the Wikimedia Foundation, is for the growth of Indic language communities and projects by designing community collaborations and partnerships that recruit and cultivate new editors and explore innovative approaches to building projects.

►Wikipedia

Blog Entries

Odia Wikisource Turns 3 (Manasa Rao; October 22, 2017).
Wikimedia Workshop at Ismailsaheb Mulla Law College, Satara (Subodh Kulkarni; October 24, 2017).
Marathi Wikipedia Edit-a-thon at Dalit Mahila Vikas Mandal, Satara (Subodh Kulkarni; October 24, 2017).
Marathi Wikipedia Workshop at MGM Trust's College of Journalism and Mass Communication, Aurangabad (Subodh Kulkarni; October 24, 2017).
Orientation Program at Kannada University, Hampi (A. Gopalakrishna; October 24, 2017).
Marathi Wikipedia Workshop at Solapur University (Subodh Kulkarni; October 24, 2017).
Discussion on Creation of Social Media Guidelines & Strategy for Telugu Wikimedia (Manasa Rao; October 24, 2017).

►Openness

Our work in the Openness programme focuses on open data, especially open government data, open access, open education resources, open knowledge in Indic languages, open media, and open technologies and standards - hardware and software. We approach openness as a cross-cutting principle for knowledge production and distribution, and not as a thing-in-itself.

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Internet Governance
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As part of its research on privacy and free speech, CIS is engaged with two different projects. The first one (under a grant from Privacy International and IDRC) is on surveillance and freedom of expression (SAFEGUARDS). The second one (under a grant from MacArthur Foundation) is on restrictions that the Indian government has placed on freedom of expression online.

►Freedom of Expression

ICANN’s Problems with Accountability and the .WEB Controversy (Padma Venkataraman; October 24, 2017).
Why Presumption of Renewal is Unsuitable for the Current Registry Market Structure (Padma Venkataraman; October 29, 2017).
CIS’ Efforts Towards Greater Financial Disclosure by ICANN (Padma Venkataraman; October 29, 2017).

►Cyber Security

Participation in Event

CyFy 2017 (Organized by Observer Research Foundation; New Delhi; October 2 - 4, 2017). Sunil Abraham was a speaker.

►Privacy

Blog Entry

GDPR and India: A Comparative Analysis (Aditi Chaturvedi; October 17, 2017).

Participation in Event

Securing The Digital Payments Ecosystem (Organized by NITI Aayog; October 9, 2017).

►Big Data

Blog Entry

Revisiting Per Se vs Rule of Reason in Light of the Intel Conditional Rebate Case (Shruthi Anand; October 4, 2017).

Event Organized

Emerging Issues in the Internet of Things (CIS, Bengaluru; October 23, 2017). Andrew Rens gave a talk.

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Telecom
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CIS is involved in promoting access and accessibility to telecommunications services and resources, and has provided inputs to ongoing policy discussions and consultation papers published by TRAI. It has prepared reports on unlicensed spectrum and accessibility of mobile phones for persons with disabilities and also works with the USOF to include funding projects for persons with disabilities in its mandate:

Article

NPAs & Structural Issues (Shyam Ponappa; Business Standard; October 4, 2017).

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Researchers at Work
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The Researchers at Work (RAW) programme is an interdisciplinary research initiative driven by an emerging need to understand the reconfigurations of social practices and structures through the Internet and digital media technologies, and vice versa. It aims to produce local and contextual accounts of interactions, negotiations, and resolutions between the Internet, and socio-material and geo-political processes:

Articles

Digital Native: There is no spoon, There is no privacy (Nishant Shah; October 9, 2017).
Digital Native: Finger on the buzzer (Nishant Shah; October 22, 2017).

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About CIS
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The Centre for Internet and Society (CIS) is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with disabilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, digital privacy, and cyber-security. The academic research at CIS seeks to understand the reconfigurations of social and cultural processes and structures as mediated through the internet and digital media technologies.

► Follow us elsewhere

Twitter: http://twitter.com/cis_india
Twitter - Access to Knowledge: https://twitter.com/CISA2K
Twitter - Information Policy: https://twitter.com/CIS_InfoPolicy
Facebook - Access to Knowledge: https://www.facebook.com/cisa2k
E-Mail - Access to Knowledge: a2k@cis-india.org
E-Mail - Researchers at Work: raw@cis-india.org
List - Researchers at Work: https://lists.ghserv.net/mailman/listinfo/researchers

► Support Us

Please help us defend consumer and citizen rights on the Internet! Write a cheque in favour of 'The Centre for Internet and Society' and mail it to us at No. 194, 2nd 'C' Cross, Domlur, 2nd Stage, Bengaluru - 5600 71.

► Request for Collaboration

We invite researchers, practitioners, artists, and theoreticians, both organisationally and as individuals, to engage with us on topics related internet and society, and improve our collective understanding of this field. To discuss such possibilities, please write to Sunil Abraham, Executive Director, at sunil@cis-india.org (for policy research), or Sumandro Chattapadhyay, Research Director, at sumandro@cis-india.org (for academic research), with an indication of the form and the content of the collaboration you might be interested in. To discuss collaborations on Indic language Wikipedia projects, write to Tanveer Hasan, Programme Officer, at tanveer@cis-india.org.

CIS is grateful to its primary donor the Kusuma Trust founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin for its core funding and support for most of its projects. CIS is also grateful to its other donors, Wikimedia Foundation, Ford Foundation, Privacy International, UK, Hans Foundation, MacArthur Foundation, and IDRC for funding its various projects.

For more details visit https://cis-india.org/about/newsletters/october-2017-newsletter

Nirmita Narasimhan wins the 18th NCPEDP-Mindtree Helen Keller Award 2017!

Admin — 2017-10-31T02:02:59Z

Nirmita Narasimhan been selected for the 18th NCPEDP - Mindtree Helen Keller Awards 2017. The Award will be given away on Saturday, 2 December 2017 at the India International Centre (IIC) in New Delhi.

NCPEDP-Mindtree Helen Keller Award

The story of the Helen Keller Awards started way back in 1999 as a result of the findings of a survey conducted of the Top 100 Companies of India by the National Centre for Promotion of Employment for Disabled People (NCPEDP). The results showed that the average percentage of employment of people with disabilities was as follows: in the public sector: 0.54 percent; in the private sector: 0.28 percent; and in the multinationals: 0.05 percent. While the situation has improved to some extent in the past decade and a half, we are still not even close to covering half the percentage of persons with disabilities living in the country.

The objective of the NCPEDP Helen Keller Awards was to start a discourse on equal opportunities for persons with disabilities in the area of employment at a time when no one was even thinking about it. Organisations and employees with disabilities would become brand ambassadors for the cause of employment of persons with disabilities and take the momentum forward and role models would be identified and celebrated in an attempt to motivate and encourage others. Over the years, these Awards have come to be recognised as the most prestigious Indian benchmark for honouring people and organisations which have been working towards promoting employment opportunities for people with disabilities.

The Awards are given under 3 categories:

Category A: Role Model Disabled Person

Disabled persons from within the disability sector and outside who have been active as ambassadors of the cause of employment for disabled people and are a positive role model for others.

Category B: Role Model Supporter of Increased Employment Opportunities for Disabled People

Individuals from within the disability sector or outside who have contributed substantially to the cause of promoting employment opportunities for disabled people over an extended period of time.

Category C: Role Model Companies/NGOs/Institutions

Organisations from the disability sector or outside who have shown their commitment towards promoting equal employment opportunities for people with disabilities.

For more see National Centre for Promotion of Employment for Disabled People website

For more details visit https://cis-india.org/accessibility/news/nirmita-narasimhan-wins-the-18th-ncpedp-mindtree-helen-keller-award-2017

Awards for those working on employment opportunities for disabled

Admin — 2017-11-28T02:04:46Z

MindTree, a global digital transformation and technology services company, on Monday announced the winners of the second edition of the “NCPEDP-Mindtree Helen Keller Awards” that honours individuals and organisations doing exemplary work to bring employment opportunities for persons with disabilities.

The article was published in Eastern Mirror on October 24, 2017.

The National Centre for Promotion of Employment for Disabled People (NCPEDP)-Helen Keller Awards were initiated in 1999 to bring awareness on the issue of employment for people with disabilities. However, MindTree began its association with NCPEDP in 2016. This year, 10 awards have been announced for individuals and organisations under three different categories.

In the category of “role model disabled persons”, the awards were bagged by Charudatta Jadhav, Head Accessibility COE, Tata Consultancy Services Limited; Devanshi Joshi, Store Assistant, Gram Bharat; Nirmita Narasimhan, Policy Director, Centre for Internet and Society; Pradip Sinha, Executive, Issue Retrieval Centre in IT Asset Management, Dell-EMC.

The two winners in “role model supporters of increased employment opportunities for disabled people” category are S.V. Krishnan, CEO, Dialogue in the Dark at ACE Social Foundation; Swaminathan Subramanian, Manager, Payments and Operations, at ANZ Bengaluru Service Centre.
In the category “role model companies/NGOs/institutions”, BarrierBreak Solutions; Hatti Food and Beverages; The Lemon Tree Hotel Company; and Vindhya e-Infomedia won the awards

“It is heartening to see the increasing number of corporates being nominated for the awards. It is a proof that inclusivity is being taken up on priority,” Krishnakumar Natarajan, Executive Chairman, MindTree, said.

The awards will be given away on on December 2, the eve of World Disability Day.In India, not many persons with disabilities are applying for corporate jobs. This is definitely a concern, because it opens the conversation beyond employment, to lack of education and infrastructure for persons with disabilities.
“Currently, not even one per cent of applicants for open positions are persons with disabilities,” said Abraham Moses, General Manager at MindTree Foundation.

For more details visit https://cis-india.org/accessibility/news/eastern-mirror-october-23-2017-awards-for-those-working-on-employment-opportunities-for-disabled

September 2017 Newsletter

Admin — 2017-11-21T15:19:25Z

Dear readers,

Previous issues of the newsletters can be accessed here.

Highlights
CIS filed a request under the Right to Information Act in March 2016 as part of research for the paper: Patent Working Requirements and Complex Products: An Empirical Assessment of India's Form 27 Practice and Compliance (July 2017). Rohini Lakshané has captured the developments in a blog post. Last month’s judgment by the nine judge referral bench was an emphatic endorsement of the the constitutional right to privacy. Amber Sinha has dissected the various aspects of the right to privacy as put forth by the nine judge constitutional bench in the Puttaswamy matter. The papers on fundamental right to privacy can be accessed here. With offline as the theme of the third Internet Researchers' Conference (IRC18), CIS has invited teams of two or more members to submit sessions proposals by Sunday, October 22, 2017. The conference is expected to be held in Himachal Pradesh during February 22-24, 2018. The venue and dates will be confirmed soon. Anonymity-based internet apps like Sarahah may not be as vicious for those surrounded by the comfort of social status. If your experience of Sarahah has been positive, it might be good to reflect on your own cultural and social capital, wrote Nishant Shah in an article in the Indian Express, dated September 10, 2017.

CIS in the news:

Privacy is now a right in India. Here's what that means for the tech industry (Rishi Iyengar; CNN Tech; August 29, 2017).
Russian social network VKontakte temporarily blocked in India for Blue Whale threat (Kim Arora; The Times of India; September 12, 2017).

►Pervasive Technologies

RTI request to Indian Patents Office for Form 27 (Statement of Working of patents), March 2016 (Rohini Lakshané; September 9, 2017).
RTI request to Indian Patents Office for Form 27 (Statement of Working of patents), 2015 (Rohini Lakshané; September 9, 2017).

►Openness

Participation in Event

Praja - Enhancing Democracy Through Access to Open Data: What Are the Roles of Government and Civil Society? (Organized by Praja; September 8, 2017; New Delhi). Sumandro Chattapadhyay was a speaker.

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Internet Governance
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►Privacy

Blog Entries

Rethinking National Privacy Principles: Evaluating Principles for India's Proposed Data Protection Law (Amber Sinha; September 11, 2017).
The Fundamental Right to Privacy: An Analysis (Amber Sinha; September 27, 2017).

►Big Data

Upcoming Event

Emerging Issues in the Internet of Things (CIS, Bangalore; October 23, 2017). Andrew Rens will give a talk on the research that he is doing at the Internet Governance Lab.

-----------------------------------

Article

Revamp Telecom Sector & Revive The Economy (Shyam Ponappa; Business Standard; September 7, 2017).

Article

Digital native: What’s in a name? Privilege (Indian Express, September 10, 2017).

Announcement

Internet Researchers' Conference 2018 (IRC18): Offline - Call for Session (P.P. Sneha; September 20, 2017). Teams of two or more members to submit sessions proposals by Sunday, October 22, 2017.

Blog Entry

The Digital Humanities from Father Busa to Edward Snowden (P.P. Sneha; September 4, 2017).

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About CIS
-----------------------------------
The Centre for Internet and Society (CIS) is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with disabilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, digital privacy, and cyber-security. The academic research at CIS seeks to understand the reconfigurations of social and cultural processes and structures as mediated through the internet and digital media technologies.

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For more details visit https://cis-india.org/about/newsletters/september-2017-newsletter

August 2017 Newsletter

Admin — 2017-10-09T14:48:24Z

Dear readers,

Previous issues of the newsletters can be accessed here.

Highlights
Elonnai Hickok wrote a blog post which provided a high level comparison of the 2017 and 2015 DNA Profiling Bill - calling out positive changes, remaining issues, and missing provisions. Rohini Lakshane wrote a blog post on dataset for patent requirements and complex products. The dataset has been released under the Creative Commons-Attribution-Share Alike 4.0 License. A Marathi Wikipedia workshop was held in Sangli, Maharashtra. Subodh Kulkarni shared the developments in a blog post. In an emphatic endorsement of the right to privacy, a nine judge constitutional bench unanimously upheld a fundamental right to privacy. The events leading to this bench began during the hearings in the ongoing Aadhaar case, when in August 2015, Mukul Rohatgi, the then Attorney General stated that there is no constitutionally guaranteed right to privacy. CIS gave its statement on right to privacy judgment.

CIS in the news:

Privacy laws: Alternatives to consent (Livemint; August 1, 2017).
The rise of India’s typography community (Susanna Myrtle Lazarus; Hindu, August 4, 2017).
UNESCO Internet Universality Indicators consulted at the 8th Asia Pacific Regional Internet Governance Forum (UNESCO, August 9, 2017).
Aadhaar may be made must for market investments: Good to curb laundering but what about data security? (Bindisha Sarang; August 10, 2017).
Privacy is now a right in India. Here's what that means for the tech industry (Rishi Iyengar, CNN Tech, August 29, 2017).

CIS members wrote the following articles

Aadhar: Privacy is not a unidimensional concept (Amber Sinha; Economic Times; July 23, 2017).
A New Telecom Policy that Works (Shyam Ponappa; Business Standard; August 2, 2017).
Should an Inability to Precisely Define Privacy Render It Untenable as a Right? (Amber Sinha; The Wire; August 2, 2017).
Here’s why we need a lot more discussion on India’s new DNA Profiling Bill (Elonnai Hickok; August 21, 2017).
Infographic: The Impending Right to Privacy Judgment (Amber Sinha and Pooja Saxena; The Wire; August 22, 2017).
Digital native: You are not alone (Nishant Shah; Indian Express; August 27, 2017).

►Pervasive Technologies

Dataset for "Patent Working Requirements and Complex Products: An Empirical Assessment of India's Form 27 Practice and Compliance" (Rohini Lakshané; August 17, 2017).

►Wikipedia

As part of the project grant from the Wikimedia Foundation we have reached out to more than 3500 people across India by organizing more than 100 outreach events and catalysed the release of encyclopaedic and other content under the Creative Commons (CC-BY-3.0) license in four Indian languages (21 books in Telugu, 13 in Odia, 4 volumes of encyclopaedia in Konkani and 6 volumes in Kannada, and 1 book on Odia language history in English).

Blog Entries

Marathi Wikipedia Workshop in Sangli, Maharashtra (Subodh Kulkarni; August 1, 2017).
Wikipedia Workshop on Template Creation and Modification Conducted in Bengaluru (Tito Dutta; August 10, 2017).
Telugu Wikisource Workshop (Pavan Santhosh; August 15, 2017).

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Internet Governance
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►Privacy

Blog Entries

High Level Comparison and Analysis of the Use and Regulation of DNA Based Technology Bill 2017 (Elonnai Hickok; August 4, 2017).

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Telecom
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CIS is involved in promoting access and accessibility to telecommunications services and resources, and has provided inputs to ongoing policy discussions and consultation papers published by TRAI. It has prepared reports on unlicensed spectrum and accessibility of mobile phones for persons with disabilities and also works with the USOF to include funding projects for persons with disabilities in its mandate:

Newspaper Column

A New Telecom Policy That Works (Shyam Ponappa; Business Standard; August 2, 2017).

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E-Mail - Access to Knowledge: a2k@cis-india.org
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For more details visit https://cis-india.org/about/newsletters/august-2017-newsletter

Constitution of Committee for revision of Guidelines for Indian Government Websites

Admin — 2017-08-23T14:02:55Z

The ‘Guidelines for Indian Government Websites’ (GIGW) was formulated by National Informatics Centre to make Indian Government Websites usable, user centric and universally accessible.

GIGW were included as a part of Central Secretariat Manual of office Procedure by DARPG However, since the inception of GIGW, there have been a lot of changes in user demands and technology trends including major revision of HTML and CSS, etc. A Committee has been constituted to study current scenario and advice on the revision of the GIGW so that it may fulfill its mandate of benchmarking Websites and Mobile Apps that are usable, user centric and universally accessible. Nirmita Narasimhan is a member of the Committee. For more info, click here

For more details visit https://cis-india.org/accessibility/news/constitution-of-committee-for-revision-of-guidelines-for-indian-government-websites

July 2017 Newsletter

praskrishna — 2017-08-23T02:03:19Z

Dear readers,

Previous issues of the newsletters can be accessed here.

Highlights
In an article published in the Huffington Post on July 1, 2017, Nirmita Narasimhan stated that imposing taxes on assistive devices is unfair. It is unconscionable that disability aids and assistive technology are considered a luxury and taxed at a higher rate than rough semi-precious stones or cashew nuts. A research paper on patent working requirements and complex products in India authored by Prof Jorge L. Contreras, University of Utah, and Rohini Lakshané, CIS has been accepted for publication in the Jindal Global Law School Law Review 2017. Negotiators from 16 countries met in Hyderabad for discussing a free trade agreement titled Regional Comprehensive Economic Partnership. Anubha Sinha along with Arul George Scaria reported this in an article published by Live Law.in. Supreme Court of India while dismissing an appeal by the Indian Reprographic Rights Organization ruled that there was no copyright infringement and no licence was required since the activities fell under the education exception in Indian copyright law. In an article published by EIFL, Anubha Sinha discusses the judgment and what it means for access to educational materials in India. Odia Wikipedians, in conjunction with Indian Athletics Federation and Sports and Youth Services collaborated to document the 2017 Asian Athletics Championships. Hundreds of photos were uploaded and new Wikipedia content added to inform the event’s fans, wrote Sailesh Patnaik and Jnanaranjan Sahu in a blog post. As recently as May 27, 2016, the General Data Protection Regulation (REGULATION (EU) 2016/679 was adopted The Data Protection Directive (1995/46/EC) will be replaced by this Regulation. It is expected that under this Regulation data privacy will be strengthened. Aditi Chaturvedi analyses the developments in a report.

CIS in the news:

UIDAI declining multiple requests by police to share Indian citizens’ biometrics (Justin Lee; Biometrics; July 4, 2017).
Act now to protect yourself against future ransomware attacks (Sanjay Kumar Singh; Business Standard; July 5, 2017).
Reliance Jio data leaked on website : report (Livemint; July 10, 2017).
Supreme Court sets up constitution bench to hear Aadhaar privacy issues (Priyanka Mittal; Livemint; July 12, 2017).
Centre to form panel to 'encrypt' MGNREGA-DBT database and prevent leaks (Sanjeeb Mukherjee; Business Standard; July 14, 2017).
Calls for law change after Indians left in dark over data leaks (Rahul Bhatia and Sankalp Phartiyal; Reuters; July 14, 2017).
Indians Call For More Stringent Data Protection Laws (PYMTNS; July 17, 2017).
Social Activist Alleges Threat By Police Officer Over Possession of Aadhaar (Gaurav Vivek Bhatnagar; Wire; July 16, 2017).

Aadhaar privacy: Key issues that all Aadhaar card holders should bear in mind (Business Today, July 19, 2017).
Data in the open makes it easy for cyber criminals (Kiran Parashar KM; New Indian Express; July 26, 2017).

CIS members wrote the following articles

Why GST Is A Step Backward For The Disabled (Nirmita Narasimhan; Huffington Post; July 1, 2017).
Course Packs for Education Ruled Legal in India (Anubha Sinha; EIFL; July 12, 2017).
Digital native: Not only words (Nishant Shah; Indian Express; July 16, 2017).
Aadhar: Privacy is not a unidimensional concept (Amber Sinha; Economic Times; July 23, 2017).
RCEP IP Chapter: A Serious Threat to Access to Knowledge/ Cultural Goods? (Arul George Scaria and Anubha Sinha; July 27, 2017).
Digital native: Ever on the go (Nishant Shah; Indian Express; July 30, 2017).

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Accessibility & Inclusion
-------------------------------------
India has an estimated 70 million persons with disabilities who don't have access to read printed materials due to some form of physical, sensory, cognitive or other disability. As part of our endeavour to make available accessible content for persons with disabilities, we are developing a text-to-speech software in 15 languages with support from the Hans Foundation. The progress made so far in the project can be accessed here.

Article

Why GST Is A Step Backward For The Disabled (Nirmita Narasimhan; Huffington Post; July 1, 2017).

►Pervasive Technologies and Copyright

Research Paper

Patent Working Requirements and Complex Products: An Empirical Assessment of India's Form 27 Practice and Compliance (Jorge L. Contreras and Rohini Lakshané; SSRN and Jindal Global Law School Review; July 17, 2017).

Participation in Event

19th RCEP Meeting (Organized by Ministry of Commerce, Government of India; July 17 - 28, 2017; Hyderabad). Anubha Sinha participated in the meeting.

►Wikipedia

Blog Entries

Note: The events were organized earlier but reports were published in July 2017:

Christ University Wikipedia Education Program Internship (Manasa Rao and Ananth Subray; July 5, 2017).
Christ University Wikipedia Education Program Faculty Orientation Report (Ananth Subray; July 7, 2017).
How It Came To Be: Wiki Loves Uniformed Services (Krishna Chaitanya Velaga; July 10, 2017).
Tallapaka Pada Sahityam is now on Wikisource (Pavan Santhosh; July 10, 2017).
Thematic Edit-a-thon at Yashawantrao Chavan Institute of Science, Satara (Subodh Kulkarni; July 11, 2017).
Asian Athletics Championships 2017 Edit-a-thon (Sailesh Patnaik and Jnanaranjan Sahu; July 31, 2017).

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Internet Governance
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►Privacy

Blog Entry

Data Protection: Understanding the General Data Protection Regulation (Aditi Chaturvedi; July 4, 2017).

Participation in Event

IViR Summer Course on Privacy Law and Policy (Organized by the University of Amsterdam; July 3 - 7, 2017; Amsterdam). Amber Sinha attended the course.

►Free Speech and Expression and Cyber Security

Participation in Events

OHD on Consultation Paper on Net Neutrality (Organized by Telecom Regulatory Authority of India; July 25, 2017). Pranesh Prakash was a speaker.
UNESCO Multistakeholder consultation at 8th Asia Pacific Regional Internet Governance Forum (APrIGF) (Organized by UNESCO; Bangkok; July 26 - 29, 2017). Sunil Abraham was a speaker. Vidhushi Marda also participated in the event.
Cybersecurity Workshop: Spotlight On GCCS 2017 (Organized by Global Partners Digital (GPD) and the Centre for Communication Governance at National Law University, Delhi, in collaboration with Digital Empowerment Foundation, Digital Asia Hub and Open Net Korea; Bangkok; July 25 - 27, 2017). Sunil Abraham was a speaker. Udbhav Tiwari and Vidushi Marda participated in the event.

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Telecom
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CIS is involved in promoting access and accessibility to telecommunications services and resources, and has provided inputs to ongoing policy discussions and consultation papers published by TRAI. It has prepared reports on unlicensed spectrum and accessibility of mobile phones for persons with disabilities and also works with the USOF to include funding projects for persons with disabilities in its mandate:

Participation in Event

Workshop on Public Open Wi-Fi Pilot (Organized by Telecom Regulatory Authority of India; July 25, 2017). Pranesh Prakash was a speaker.

Event Organized

Dr. Prerna Prabhakar - Impact of Digitisation of Land Records in Rural India (CIS, New Delhi; July 7, 2017).

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E-Mail - Access to Knowledge: a2k@cis-india.org
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For more details visit https://cis-india.org/about/newsletters/july-2017-newsletter

Disabled demand rollback of GST on aids

praskrishna — 2017-07-09T02:21:46Z

It has been eight years since Mansoor Ahmed changed his caliper. The one he owns was bought for Rs 20,000. Now, they cost more than double. “It is a challenge to buy a caliper when the cost of living has gone up so much. I know really poor people who haven't changed calipers in 15-20 years. After a point, it could cause the disability to worsen,“ says Ahmed, a senior manager with a Bengaluru-based non-profit.

The article by Sandhya Soman was published in the Economic Times on July 7, 2017.

For disabled people like Ahmed, the 5% GST on basic aids and appliances like calipers, Braille writers and cochlear implants is an additional load. “We are already burdened by other costs -illnesses and medicines. It's quite unfair if I must pay more if I have to walk,“ says Ahmed.

The decision to tax aids and appliances for the disabled continues to draw flak despite a hastily put together statement last week reducing GST and capping it at 5% for 22 categories of products. Cars will continue to have 18% GST even if they are retrofitted for a disabled driver. The disabled find it hard to reconcile that they will have to shell out more while items such as sindoor and bangles got a waiver. This is the government that launched the Ac cessible India campaign and Inclusive India campaign. I don't understand why they should charge people to walk with a cane,“ says Nirmita Narasimhan, policy director, The Centre for Internet and Society.

The economic burden is accentuated by a lack of institutional support, whether in terms of accessibility to public transport or provision of affordable aids. “There is close correlation between poverty and disability . Most of us can't step out of our houses as roads, pavements and public transport are inaccessible,“ asks Javed Abidi, director, National Centre for Promotion of Employment for Disabled People.

Narasimhan notes in her submission to the government that the 21 million disabled record low literacy level (59%, below national average of 74.4%) and low work participation (36.3%).

To reduce the financial burden, Abidi and others fought to do away with taxes on aids since 2000. “We could bring down tax rates, sometimes as high as 20%, on various items to 5%. In 2006, it became zero and the last decade was the most important one for disability rights. Instead of making aids more affordable, we are now going back 10 years and charging 5% again,“ says Abidi, a wheelchair user.

For more details visit https://cis-india.org/accessibility/news/economic-times-july-7-2017-sandhya-soman-disabled-demand-rollback-of-gst-on-aids

Why GST Is A Step Backward For The Disabled

nirmita — 2017-07-03T02:39:18Z

Imposing taxes on assistive devices is unfair. The countdown has begun to the implementation of the GST in India. Over the past month, discussions about the GST have dominated the scene with several groups protesting in strong measure about the impact on their business.

The article by Nirmita Narasimhan was published by Huffington Post on July 1, 2017.

This post is concerned with the impact of an underrepresented group—that of persons with disabilities, who are facing severe impediments to their rights to independent living, mobility and participation if the GST is implemented as proposed in the present notification.

It is unconscionable that disability aids and assistive technology are considered a luxury and taxed at a higher rate than rough semi-precious stones or cashew nuts.

The new GST rules seek to impose tax on assistive technologies and goods and services which are essential for the advancement of persons with disabilities and will consequently, hamper their mobility as well as ability to participate in education and employment.

Some noteworthy points are:

5% GST on Braille typewriters, Braille paper, Braille watches and Braillers (originally set to 18% for typewriters and 12% for Braille paper and watches and reduced after protests from organisations like the National Centre for Promotion of Employment of Disabled People (NCPEDP), the Disability Rights Organisations Forum (DROF), and various regional groups. Only Braille books are exempt from the tax.

12% GST on orthopaedic appliances, including crutches, surgical belts and trusses; splints and other fracture appliances; artificial parts of the body; hearing aids and other appliances which are worn or carried, or implanted in the body, to compensate for a defect or disability. Hearing aids have also been listed under the list of goods with nil taxes, which is contradictory.

18% GST on motor vehicles for persons with disabilities.

IT software, consulting and support services, online text, audio and video, software downloads etc. have all been classified but no GST rate has been quoted, which implies that they are taxed at 18%. This means software like screen readers, assistive software for persons with cognitive disabilities, online text etc. which are essential aspects of communications and information access for persons with disabilities will also be taxed at 18%, which will severely hamper their ability to communicate and even carry out daily tasks.

It is incomprehensible that the government should choose to impose a tax on the ability to walk, talk and deliberate using crutches, prosthetic limbs, hearing aids and communicating using assistive reading software for persons who have disabilities. It is unconscionable that disability aids and assistive technology are considered a luxury and taxed at a higher rate than rough semi-precious stones or cashew nuts. On the other hand, items such as kajal and glass bangles are not being taxed at all. Is ornamentation more important than the ability of persons with disabilities to lead their lives with dignity and independence? The current GST structure is discriminatory, making it even more difficult for persons with disabilities to participate in society, and contradicts the vision of an Accessible India.

Until we are able to assure the level of independence, accessibility and resources to the disabled to live a life of dignity like other countries do, we should not levy tax like them.

India is measuring herself against other developed countries where a reduced percentage of tax is levied on goods and services for persons with disabilities. Unfortunately however, the comparison ends there and does not extend to providing world-class services and facilities for the disabled, such as accessible roads, transportation, information. It would be wiser to follow our own lead from the past decade when we had not levied any tax on such items. The progress of this group has been painfully slow thus far anyway, so what will happen if GST rates up to 18% are levied?

As a country, we are not yet ready for this. We are still in a state where thousands of children with disabilities drop out of school even at the pre-primary level because they do not have the resources—technology, books, training and help—to pursue education. We still have a long way to go in terms of achieving basic rights for persons with disabilities, which is no longer the case in the developed countries that we seek to follow. The argument is hence not a blanket opposition to tax for persons with disabilities, just because they are disabled, but on the basis that until and unless we are able to assure the level of independence, accessibility and resources to the disabled to live a life of dignity and inclusion like other countries do, we should not consider levying tax like them. A person using a wheelchair in Germany can travel using public transport, but the same is impossible in India.

Once we are able to achieve the level of inclusion and accessibility of developed countries, we may consider taxing for certain items, although perhaps still not for all on the list. However, that time is not now. To build an inclusive society, we need to support persons with disabilities in all possible ways and imposing taxes on assistive devices will take us many steps backward.

For more details visit https://cis-india.org/accessibility/blog/why-gst-is-a-step-backward-for-the-disabled

GST - A Barrier to Human Rights for Persons with Disabilities

nirmita — 2017-06-25T14:15:05Z

The Centre of Internet & Society made a submission on the Goods and Services Tax (GST) which will be coming into play from July 2017 onwards. In this blog post Nirmita Narasimhan assesses the impact of GST on persons with disabilities.


Logo of Shuttleworth Foundation above

The GST Acts - Central Goods and Services Tax Act, Integrated Goods and Services Tax Act and the Union Territory Goods and Services Tax Act passed on 12 April 2017 and the subsequent notification of the Revised GST Rate for Certain Goods on 11th June 2017 have serious and severe implications on basic rights and freedoms for persons with disabilities, hindering them from living independently and pursuing education, and employment. This note outlines the impact of the GST measures as well as recommendations to ensure that the rights of persons with disabilities are not compromised.

Problem Statement

As per the 2011 census, India has over 21 million people with disabilities which is around 2.17% of the population. Persons with disabilities face many hurdles in education and employment which is reflected in the low effective literacy rate of 59%, far below the national level of 74.04% as well as a low work participation rate at 36.3%.[1]

Lower levels of literacy and employment in turn imply lower income levels for this group. Thus, additional support through policy, financial and operational measures is required to help persons with disabilities participate fully in the economy. The new GST rules however, seek to impose tax on assistive technologies and goods and services which are essential for the advancement of persons with disabilities, hampering their mobility and ability to participate in education and employment thus further compounding the disadvantages already faced by this group.

Main Concerns

The specific GST provisions that negatively impact persons with disabilities include:

5% GST on Braille typewriters, Braille paper, Braille watches and Braillers (originally set to 18% for typewriters and 12% for Braille paper and watches and reduced after protests from organizations like the National Centre for Promotion of Employment of Disabled People (NCPEDP), the Disability Rights Organisations Forum (DROF), and various regional groups)[2]
12% GST on Orthopaedic appliances, including crutches, surgical belts and trusses; splints and other fracture appliances; artificial parts of the body; hearing aids and other appliances which are worn or carried, or implanted in the body, to compensate for a defect or disability. Hearing aids have also been listed under the list of goods with nil taxes, which is contradictory.
18% GST on motor vehicles for persons with disabilities.
Braille books are exempt from the tax while other Braille implements are not.
IT software, consulting and support services, online text, audio and video, software downloads etc. have all been classified but no GST rate has been quoted, which implies that they are taxed at 18%. This means software like screen readers, assistive software for persons with cognitive disabilities, online text etc. which are essential aspects of communications and information access for persons with disabilities will also be taxed at 18%, which will severely hamper their ability to communicate and even carry out daily tasks.

GST – Hampering Accessibility and Inclusion

Under the existing tax regime, many of these goods have traditionally been exempt from indirect taxes such as VAT, excise and customs. Even with the exemptions, assistive technologies have not been affordable. However, with the addition of GST, the situation becomes even more dire. For instance, according to India Today, the current market price for a Braille typewriter is about INR 34,000[3], or over 20 times higher than the monthly income of an impoverished urban Indian. Even with the new 5 percent GST (a reduction from the previous 18 percent), this would work out to INR 35,700. Given that 29.5 percent of the total population of India remained below the poverty line in 2011-12 and had a monthly per capita consumption of less than INR 972 in rural areas and INR 1407 in urban areas, [4] assistive technology would be prohibitively expensive even for the average Indian, let alone persons with disabilities.

GST – Discriminatory against Persons with Disabilities

The proposed GST on assistive technology is not only detrimental to the use of assistive technology, it discriminates against the right to equality of persons with disabilities.

Tools necessary for people pursuing their livelihood, such as agricultural implements and hand tools such as spades, shovels, mattocks, etc. used in agriculture, horticulture and forestry are exempt from any tax. However, assistive technologies which are just as vital for the education and livelihood of persons with disabilities, have been included in the list of items taxed under GST. While the Government of India’s move to protect the livelihood of agricultural workers is commendable, it needs to equally protect the right to livelihood of persons with disabilities who are working - 31% of whom are in the agricultural sector and will suffer from the imposition of GST.

GST – Impacting Mobility

The proposed GST on motor vehicles for persons with disabilities also impacts their right to mobility as per Article 41(2) of the Persons with Disabilities Act which calls for the government of India to “promote the personal mobility of persons with disabilities at affordable cost” through measures including incentives and concessions. The imposition of such a high tax on car purchases by persons with disabilities is in direct contravention of this.

Legal Framework

The proposed GST implementation and tax on products and services that are critical for persons with disabilities to pursue independence, literacy and employment with dignity runs counter to both national and international law to which India is a signatory.

Article 38 of the Constitution of India also requires the government to minimize inequalities in income, status, facilities and opportunities among individuals and groups of people.

The Rights of Persons with Disabilities Act 2016, enjoin the government to utilise the capacity of persons with disabilities by providing appropriate environment (Art 3(2) ) and take necessary steps to ensure reasonable accommodation for persons with disabilities (Art 3(5)).

The UN Convention on the Rights of Persons with Disabilities, which India has signed and ratified, calls on nations to promote the development and adoption of assistive technologies and devices for persons with disabilities, again “giving priority to technologies at an affordable cost.” (Article 4 (g)). Additional provisions include:

Art 4 – General Obligations asks states parties to take into account the protection and promotion of the human rights of persons with disabilities in all policies and programmes;
Art 5 (3) - asks States Parties to take all appropriate steps to ensure that reasonable accommodation is provided
Article 20 also requires nations to facilitate access to mobility aids, assistive technologies and other intermediaries, and requires that they be made available at affordable cost.
Art 24 on Education enjoins States parties to ensure persons with disabilities have access to inclusive education, that reasonable accommodation is provided and use of Braille, alternative modes and formats is facilitated
Art 27 on Work and employment required nations to protect the rights of persons with disabilities, on an equal basis with others, to just and favourable conditions of work
Art 29 on participation in political and public life advocates the creation of an environment that enables persons with disabilities to participate fully and effectively in the conduct of public affairs

International Practices

While developed countries do levy some tax on assistive technology and devices used by persons with disabilities, these are typically lower than the general rates. Countries in the EU levy lower VAT rates on medical equipment for persons with disabilities [5] for instance 6% in Belgium and 3% in Luxembourg. However, a point to be noted here is that the literacy and employment rates for persons with disabilities in these countries are much higher than in India, where the low literacy and work participation mean that even low levels of taxation on assistive technology make items prohibitively expensive.

An alternative approach more suitable in the Indian context, is that followed by developing countries such as Brazil and the Philippines. In Brazil, which has around 16 million [6] persons with disabilities, the import and sale of assistive technologies such as wheelchairs, Braille machines, calculators with voice synthesizers and hearing aids are exempt from major federal taxes. In addition, persons with disabilities wishing to buy a car also enjoy exemptions from several federal and municipal taxes. [7] In the Philippines, where 1.57 % of the population [8] have some form of disability, the Republic Act 9442[9] guarantees a 20 per cent discount for persons with disabilities and also provides assistance for education. Discounted goods and services include:

Restaurants, hotels and other recreation centers
Theaters, concert halls, carnivals, and other cultural and leisure centers
The purchase of medicines from drugstores
Medical, diagnostic and laboratory fees
Medical and dental service, including doctors’ fees
Domestic air and sea travel
Public railways, skyways, and bus fare

In addition to this, Republic Act 10754 [10] adds an exemption from the 12 percent VAT for persons with disabilities as well. Both of these represent a significant discount.

Conclusion

We fully concur with the representations made by different organisations working for persons with disabilities in India seeking a complete roll back of GST for persons with disabilities. India has in the past, refrained from taxing the disabled deliberately, keeping in mind their particular needs and circumstances and nothing has changed in the past few years to warrant this move. Persons with disabilities remain below the poverty line, without access to information, resources and the ability to enjoy even their basic human rights to live a life of freedom, independence, dignity, inclusion and participation. It is unconscionable to place such articles of basic need such as crutches and wheel chairs without which a person cannot even move on the same level as other goods. Certainly these are more basic than other items such as glass bangles or kajal which are not subject to GST or semi-precious stones which are taxed at a very minimum.
Rolling back GST would be in accordance with national and international legal commitment. India cannot place itself on the same level as countries in the EU for taxing the disabled; we do not have the same infrastructure and resources which these countries have made available for their disabled citizens, nor the social security measures which they offer. They are better placed in terms of development and progress of the disabled, with regard to education, employment and daily living. We cannot impose 18% tax on vehicles for the disabled while we are not providing them with a completely functional accessible transport network, accessible roads and a barrier-free environment. A very small percentage of persons with disabilities in India is actually living a full and complete life with access to resources and aids, an imposition of tax will further minimise chances of progress in the years to come of empowerment and emancipation of persons with disabilities. India has been a thought leader in the field of disability internationally in terms of its policies and served as an inspiration to countries around us. We were one of the earliest countries to sign and ratify the UNCRPD, as well as the first country to ratify the Marrakesh Treaty more recently in 2014. We do not lack in spirit, however do not always follow up with action. The roll back on GST would be an appropriate move in line with our commitment to enable human rights for persons with disabilities and empower them with the use of technology and other tools and resources.
Specified exemptions for use of assistive technologies- Technology has proven a source of tremendous empowerment to persons with disabilities. Given that most ICTs are to be taxed at 18%, we strongly urge the government to specifically exclude all ICTs and downloaded software and content which are intended for persons with disabilities from tax. By imposing tax on an enabling technology, it would be tantamount to imposing tax on a sensory organ, i.e., by imposing tax on a hearing aid or screen reader, which would enable a deaf person to hear/ a blind person to read, it would be like imposing tax on ears or eyes. We hence strongly urge the government to reconsider the present move and set right the error which has been committed by subjecting goods and services for persons with disabilities to tax. We recommend review, complete roll back and explicit exemption on all goods and services for persons with disabilities from the purview of GST.

23 June, 2017

[1]. http://www.censusindia.gov.in/2011census/population_enumeration.html

[2]. http://www.thehindu.com/todays-paper/tp-national/tp-otherstates/drag-seeks-rollback-of-gst-ondisability-aids/article19123085.ece

[3]. http://indiatoday.intoday.in/story/gst-goods-and-services-tax-arun-jaitley-narendra-modi-disabledbraille/1/967920.html

[4]. http://planningcommission.nic.in/reports/genrep/pov_rep0707.pdf

[5]. http://ec.europa.eu/taxation_customs/sites/taxation/files/resources/documents/taxation/vat/how_vat_ works/rates/vat_rates_en.pdf

[6]. https://www.disabled-world.com/news/south-america/

[7]. http://thebrazilbusiness.com/article/tax-reduction-for-people-with-disabilities

[8]. https://psa.gov.ph/content/persons-disability-philippines-results-2010-census

[9]. http://www.ncda.gov.ph/disability-laws/republic-acts/republic-act-9442/

[10]. http://www.ncda.gov.ph/disability-laws/implementing-rules-and-regulations-irr/irr-of-ra-10754-anact-expanding-the-benefits-and-privileges-of-persons-with-disability-pwd/

For more details visit https://cis-india.org/accessibility/blog/gst-a-barrier-to-human-rights-for-persons-with-disabilities

Digital Accessibility

praskrishna — 2017-07-09T01:44:08Z

On June 17, 2017, Rakesh Paladugula, a web accessibility trainer and Nirmita Narasimhan made a presentation to scientists of the National Informatics Centre in their office in Bengaluru.


Pictured above: Nirmita Narasimhan explaining concepts of digital accessibility to a group of scientists at National Informatics Centre office in Bengaluru

The presentation described what is digital accessibility, who it benefits, how to implement it in terms of policy and technology, standards for different domains of accessibility and focused specifically on making web sites accessible as per GIGW. The presentation was attended by around 40 scientists in person and approx. 40 from the districts of Karnataka via video conferencing. The discussion also revolved on key issues with Government web sites, available resources and tools to check for accessibility and tips on how to make them accessible. Some thought was also given to what could be the plan going forward to implement GIGW and any capacity building requirements in this regard.

For more details visit https://cis-india.org/accessibility/news/digital-accessibility

WSIS Forum 2017

praskrishna — 2017-07-18T02:00:44Z

WSIS Forum 2017 was held 12-16 June in Geneva, and included the participation of more than 85 high-level government and civil society representatives, as well as 500 remote interventions and thousands following the webcast. The forum was chaired by Mr Jean Philbert Nsengimana, Minister of Youth and ICT, Government of Rwanda, and co-organized by ITU, UNESCO, UNCTAD and UNDP, in close collaboration with all UN agencies. Nirmita Narasimhan participated in the forum.

The moderator, Ms Andrea Saks (Chair, Telecommunication Standardisation Sector (ITU-T) Joint Coordination Activity on Accessibility and Human Factors (JCA-AHF)), welcomed the audience and introduced the five panellists, two of whom were remote participants.

The first speaker, participating remotely from India, was Ms Nirmita Narasimhan, Policy Director, Centre of Internet and Society (CIS). Narasimhan heads the CIS accessibility inclusion programme and specialises in policy research and advocacy related to technology access for persons with disabilities. Narasimhan focused on a report (link is external) jointly prepared by ITU and CIS, on how to leverage ICTs in an accessible manner to ensure that persons with disabilities and other vulnerable groups are included in planning and responding to disasters and situations involving emergency situations. She raised four stages of preparedness (link is external) for disaster management: (1) early warning planning including creating awareness, education, and training material as well as setting up technological infrastructure; (2) alerts as to when a disaster is happening and where to go for help; (3) recovery, what happens after the disaster; and (4) mitigation which leads back to planning and preparedness. Full report here. More information on the event here.

For more details visit https://cis-india.org/accessibility/news/wsis-forum-2017