Centre for Internet and Society

Rahul Cherian, founder of NGO Inclusive Planet, passes away

praskrishna — 2013-03-09T06:57:15Z

Rahul Cherian, who worked extensively on disability law and rights in India, and other issues like intellectual property (IP) law and technology law passed away on Thursday while on on a family holiday in Goa according to this report in the Hindu.

The article was published in FirstPost on February 8, 2013. See the report in the Hindu.

Rahul’s death was caused to a severe infection, according to the report.

Cherian, a graduate of National Law School of India University (NLSIU) Bangalore had co-founded the Inclusive Planet Centre for Disability and Policy in October 2009 along. The NGO seeks to provide help to public bodies and others groups that are working on laws and policies for persons with disabilities.

Rahul also founded inclusiveplanet.com the world’s largest social network for persons with visual impairment, and he was also a fellow of the Centre for Internet and Society in Bangalore.

His untimely death has seen many friends come out on Twitter and Facebook to remember him.

For more details visit https://cis-india.org/news/first-post-feb-8-2013-rahul-cherian-founder-of-ngo-inclusive-planet-passes-away

Rahul Cherian passes away

praskrishna — 2013-02-10T04:27:13Z

Rahul Cherian, an expert and policy activist in disability law, intellectual property (IP) law and technology law passed away on Thursday. He was 39.

This was published in the Hindu on February 8, 2013.

Rahul passed away while on a family holiday in Goa. The 1998 National Law University Bangalore graduate succumbed to an infection after several days in intensive care. Together with fellow Law alumnus Sachin Malhan, had Cherian co-founded Inclusive Planet Centre for Disability and Policy in October 2009, as an NGO supporting stakeholders and public bodies about laws and policies affecting persons with disabilities.

As head of policy initiatives at Inclusive Planet, he was involved in drafting the Treaty for the Visually Impaired currently being agreed upon by the World Intellectual Property Organisation in Geneva.

Rahul Cherian was also a fellow at the Bangalore-based Centre for Internet and Society (CIS), a legal expert on the Ministry of Social Justice and Empowerment’s panel on disability laws, and an advisor to several government initiatives related to the disability sector.

For more details visit https://cis-india.org/news/the-hindu-february-8-2013-rahul-cherian-passes-away

R2R-Kolkata 1

radha — 2009-11-23T05:39:07Z

For more details visit https://cis-india.org/home-images/right-to-read-campaign-kolkata/DSC01390.jpg

R2R-Chennai (Report)

radha — 2011-08-22T13:10:46Z

For more details visit https://cis-india.org/accessibility/publications/R2R%20Chennai%20-%20Report.pdf

R2R- Kolkata 3

radha — 2009-11-23T05:41:28Z

For more details visit https://cis-india.org/home-images/right-to-read-campaign-kolkata/DSC01419.jpg

R2R- Kolkata 2

radha — 2009-11-23T05:40:22Z

For more details visit https://cis-india.org/home-images/right-to-read-campaign-kolkata/DSC01399.jpg

R2R Kolkata 7

radha — 2009-11-23T05:46:08Z

For more details visit https://cis-india.org/home-images/right-to-read-campaign-kolkata/DSC01447.jpg

R2R Kolkata 6

radha — 2009-11-23T05:45:24Z

For more details visit https://cis-india.org/home-images/right-to-read-campaign-kolkata/DSC01443.jpg

R2R Kolkata 5

radha — 2009-11-23T05:43:43Z

For more details visit https://cis-india.org/home-images/right-to-read-campaign-kolkata/DSC01433%20-2.jpg

R2R - Kolkata 4

radha — 2009-11-23T05:42:45Z

For more details visit https://cis-india.org/home-images/right-to-read-campaign-kolkata/DSC01423.jpg

Puducherry (Govt.) Schemes

praskrishna — 2013-11-13T09:06:04Z

Details of the Scheme in respect of differently-abled division of Social Welfare Department, Puducherry can be viewed below.

Grant of Incentive for marriage between differently-abled persons and normal person
Grant of incentive for marriage between differently-abled persons
Grant of Fuel Subsidy to differently-abled person persons who are owning motorized vehicles
Grant of Financial assistance to differently-abled person
Award of Scholarship to differently-abled person students
Incentive for Eye Donors
Reimbursement of maintenance cost of Tricycles
Supply of sarees and dhotis to differently-abled person persons
State Award for the Welfare of the Handicapped
Supply of Prosthetic Appliances to Differently-abled persons
Issue of free Bus pass to differently-abled person
Annual Tour for differently-abled persons
International day for the differently-abled person
Group Insurance for differently-abled person government employees
Insurance Scheme for person with disabilities other than the employees of Govt. of Pondicherry 2004
The Perunthalaivar Karmaveerar Kamaraj scheme for financial assistance towards funeral expenses of the differently- abled persons
Supply on invalid carriages (motorized tricycles) to the persons with disabilities
Supply of Musical/Sports items to PH welfare associations
Issue of Identity cards to differently-abled persons
Grant of Transport Allowance to Differently-abled persons
Supply of Radio to the Blind Person

Click to download the file received from the Government of Puducherry

For more details visit https://cis-india.org/accessibility/resources/puducherry-govt-schemes

Print Impairment and Copyrights

radha — 2011-04-02T14:49:19Z

An article by Swaraj Paul Barooah - SPICY IP (Google groups)

There have recently been discussions by the CIS (The Center for Internet and Society) over some important issues relating to the intercourse of copyright protection and accessibility of content. Bringing up important points about the lack of access that certain categories of people have to printed material, they seek to approach the government for appropriate amendments to the present copyright laws. They have broadly defined 'print impaired’ people as those who cannot access standard printed material due not only visual impairment which composes the largest part of this group, but also other reasons such as dyslexia, paralysis, and other learning and physically challenged people. (In connection to this, readers may recall the post by Sumathi on the WIPO Treaty for the Blind being kept on hold earlier this year)

According to the WHO, there are about 314 million visually impaired people in the world, and about 70 million of these are in India (and one should keep in mind that these are just the documented statistics). Totally, there are about 400 million people in the world who suffer from some sort of print impairment. The primary problem that these people are facing is the lack of material which is suitable for their consumption. According to CIS, only 0.5% of the books in India are available in one or more alternative formats. The exclusion of easy availability of such material is effectively leading to a 3 stage process of marginalization of these people from society due to the artificial dependencies created, powerlessness as a result of this and these two together are resulting in the limiting of their capability expansion which could’ve occurred in the presence of the accessible material.

Currently, though the technology exists to transpose books into alternative formats such as braille or audio-books, which provide easier access for the print impaired, copyright laws are proving a hindrance to publishers, as this would technically constitute an infringement. The process to seek approval is a long and tedious one, which creates unnecessary barriers to access to information. As Rahul Cherian of CIS points out, there are also no national policies or action plans to ensure that these people have methods of accessing publications. He also points out in his article here that while there is no specific exception mentioned in the Copyright Act,

"Indian courts have routinely upheld the rights of persons with disability and the Supreme Court has specifically recognized that the “right to life” as enshrined in Article 21 of the Constitution includes right to dignity including basic necessities such as reading and writing[1] The right to education has also been recognised as a fundamental right. For print impaired persons to enjoy their fundamental rights, it is essential that they have access to material, including but not limited to educational material, in accessible formats. In this context it can be argued that the fundamental rights of Print Impaired Persons are being infringed because the Copyright Act, 1957, does not provide exceptions and limitations for the benefit of Print Impaired Persons."

Further more, India has already signed and ratified the UN Convention on Rights of Persons with Disabilities wherein ensuring accessibility is one of the principle guiding points. The Bombay HC, in Ranjit Kumar Rajak Vs State Bank of India, has also read in provisions from this convention, stating it as law. You can see a further analysis of the legal framework in Rahul Cherian's article here.

A welcome initiative that CIS has taken in this regard is the Right to Read Campaign. Together with their endeavor of raising awareness of this pressing issue of lack of accessibility of material, they are also preparing a white paper giving suggestions and advice to the government as to what kind of changes should be made to the Copyright Act. As mentioned in a previous post, the required changes have been considered for the Amendment Act, but this is just hearsay and there is no specific information available as to the current proceedings of this. The campaign also is pushing for the Indian government to support the World Blind Union which is promoting the Treaty for the Blind at the WIPO.

Another great initiative which they have taken is in the form of an online platform which they have just launched. Seeking to be part of the solution as well, the site aims to provide a platform where print impaired people can upload and share their collections with other print impaired people, subject to the end user terms. The idea behind this is that since there is so much difficulty in making alternative materials available, the ones that have been made available should be made more easily available for sharing purposes. Earlier branded as Readable.in , the site is now www.BookBole.com . In the short time period that this site has been up, they have already had visitors from 54 different countries and uploads have been made in 34 different languages. In fact, there have also been requests from other countries requesting if the service could be launched in a local language.

This effort by CIS is indeed applauded by our Spicy IP team. You can also support this cause on their campaign site at http://www.righttoread.in

Link to the article in SPICY IP

For more details visit https://cis-india.org/news/print-impairment-and-copyrights

Print Access

radha — 2011-08-22T13:12:51Z

For more details visit https://cis-india.org/accessibility/publications/Print_Access.pdf

Print - Access

radha — 2011-08-22T13:13:07Z

For more details visit https://cis-india.org/accessibility/publications/Print%20Access.ppt

Primer on the Treaty for the Visually Impaired

pranesh — 2013-06-25T08:47:18Z

In this primer, Pranesh Prakash and Puneeth Nagaraj explain what effects a WIPO Treaty for the Visually Impaired can have and who's opposing it.

A Primer on the provisions of the TVI and ongoing negotiations

The Treaty on Limitations and Exceptions for Visually Impaired Persons/Persons with Print Disabilities (“TVI” for short) is a landmark international instrument in recognizing the crucial link between copyright limitation and greater access to visually impaired persons / persons with print disabilities (“VIPs” for short). Below is a summary of the provisions of the Treaty and the benefit it will bring to VIPs, and the kinds of speed-bumps that rich countries are trying to place to make this treaty ineffective for the blind, the majority of whom live in poor countries.

1. Exceptions in Domestic Copyright Law

Currently, in most countries, only the owner of copyright to a particular book has the right to convert it into an “accessible format” (e.g. Braille, audio book, DAISY book, etc.). This treaty aims to create an exception to this rule by allowing print disabled persons, their representatives and non-profit ‘authorized entities’ the ability to convert books for the benefit of VIPs without seeking permission. The treaty would leave it up to each country whether their law will require such conversions to be paid or not since there is no uniformity on this question among countries that have national exceptions.

Opposition: The United States, European Union, France, Australia, Canada, and the publishing lobby have asked for multiple conditions for creation of accessible formats. They wish to confine this exception to non-profits, prevent translations, and ensure that books that are “commercially available” can be excluded, and require that countries who wish to use this exception have to comply with an onerous test called the “three step test”. Internationally, rights holders have zero formalities for gaining copyright (which, by international treaty, does not even have to be registered). But the rights holders want to ensure as many bureaucratic hurdles are put to exceptions as possible.

2. Cross-border Transfer of Accessible Works

One of the main purpose main purpose of the TVI is to increase the cross-boundary exchange of copyrighted works in accessible formats. According to the World Health Organisation, 87% of the visually impaired live in underdeveloped countries. Bangladesh and Swaziland, for instance, spend very little money on converting books, while in the USA, millions of dollars are spent both by the government and by charities. If this treaty is passed the way the World Blind Union and other pro-disability NGOs are asking, a blind girl from Bangladesh would be able register with a US-based site like Bookshare.org, after proving she’s blind, and just download the book she needs in a format that is accessible to her.

Opposition: The European Union and United States want make this non-mandatory. They also wish to restrict the ability of the Bangladeshi blind girl from accessing these books by allowing trade only between non-profit ‘authorized entities’. Unfortunately, many developing world countries (like Swaziland) don’t have any authorized entities to speak of, leaving blind people there stranded. For a treaty to be effective, individuals must be granted the right to import books as well. The European Union also wishes for a ‘commercial availability’ clause, meaning that if a book is ‘commercially available’ in the receiving country, then the authorized entity can’t export. In Europe itself there are almost no countries (with the UK being an exception) that have such a requirement when it comes to domestic conversions, but the EU still wants to ensure that as a requirement for poor countries. It is very difficult for an authorized entity located in the USA to determine in each and every case whether an accessible format of the book is ‘commercially available’ in the hundreds of countries they will receive requests from. Importantly, even a book priced exorbitantly or available only for those with expensive iPads may be considered ‘commercially available’, even if it is practically out of reach of the blind in the receiving country. This clause must go if the treaty is to be meaningful.

3. Digital locks

If digital locks (often called “Digital Rights/Restrictions Management” or DRMs) are used, then technologically, the blind can be restricted from enjoying a work which they have a legal right to access. For instance, Amazon has limited — at the behest of the Authors’ Guild of America — the ability of blind people to get their Kindle e-book readers to read aloud a book, and did so using digital locks. The TVI proposes that countries be required to ensure that the blind have effective access to books, even if they have digital locks.

Opposition: The United States and the publishing lobby is the biggest opponent of this provision. They have a system under which the blind are not required to automatically be granted the right to ‘circumvent’ the digital lock to make a book accessible even if they have bought an e-book, but have to granted permission to do so every three years by the government. The most recent three-yearly review found that the blind groups did not make out a strong enough case to justify granting them an exception, but thankfully this determination was overruled by the US Librarian of Congress. Thus the TVI must ensure that publishers cannot technologically impose restrictions on a book for the blind that they can’t do legally.

4. Translation

Another hot-button issue is the right to translation. Given that the biggest exporters of books, due to their colonial legacy, are USA, UK, France, and Spain, it is imperative that the blind in developing countries have access to these books in languages that they can understand. Very unfortunately, most of these languages are not profitable-enough markets for publishers to publish accessible translated books. Given this, it is necessary for charities to be able to make translations of accessible works specifically for the blind.

Opposition: The European Union and the publishing lobby is strongly opposing this, claiming that this will result in the blind having better access than the sighted. This is a false claim. A sighted student might have access to a translated book (made without an exception), but the blind student might not. For this has no merit as it ignores the social consequences of disability. This provision will merely bring the visually impaired to the same level as the rest of the population and not give them some illusory advantage.

For more details visit https://cis-india.org/a2k/blogs/primer-on-tvi