Centre for Internet and Society

Jammu & Kashmir (Govt) Notifications

praskrishna — 2013-07-23T15:02:03Z

List of notifications published by the government of Jammu and Kashmir can be downloaded below:

The zip folder (PDF and Word) contain the following:

Reservation for Disabled/Handicapped in Government Services
The Jammu & Kashmir Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 2003
The Jammu & Kashmir Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1998

PDF
Word

For more details visit https://cis-india.org/accessibility/resources/jammu-kashmir-notifications

Goa (Govt) Notifications

praskrishna — 2013-07-16T06:11:56Z

The following folder contains a series of notifications published by the Government of Goa.

Click on the links at the end to download the PDFs or Word Files (zip folders) to read the notifications containing:

Rules Regulating the Grant of Award to a Married Couple in which Either of the Partners or Both are Disabled Persons.
The Scheme for Scholarship for Differently-abled Persons
Incentive Scheme for Employment of Differently-abled Persons
Scheme to Provide Subsidy to Kadamba Transport Corporation in Lieu of Travel Concession Provided to Senior Citizens and Persons with Disabilities.
Goa Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1997.
Scheme to Provide "Residential School" to the Visually Disabled Children.
Voluntary Retirement Scheme for Government Employees who are Parents of Persons with Disabilities.
Rules Regulating the Grant of Financial Assistance to the Physically Handicapped Persons for the Purpose of Undertaking Gainful Self Employment in the State of Goa.
Rules Regulating the Grant of Financial Assistance to a Person with Severe Disability.
Schemes for Social Audit in Respect of the Implementing Agencies under the Persons with Disabilities Act.
Scheme of State Awards for the Welfare of Persons with Disabilities.

Click on the links below to download the files:

PDF Zip Folder (1336 Kb)
Word Zip Folder (230 Kb)

For more details visit https://cis-india.org/accessibility/resources/goa-govt-notifications

An Interview of Vera Franz

praskrishna — 2013-07-15T09:49:16Z

This interview was conducted at the Diplomatic Conference to Conclude a Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities on June 26, 2013.

Vera Franz praises Rahul Cherian of Inclusive Planet while talking about her work. Watch the video below:

Video

For more details visit https://cis-india.org/news/interview-of-vera-franz

June 2013 Bulletin

praskrishna — 2013-07-27T09:48:16Z

Our newsletter for the month of June 2013 can be accessed below.

The Centre for Internet & Society (CIS) welcomes you to the sixth issue of its newsletter for 2013. Hivos published a White Paper by Nishant Shah titled Whose Change is it Anyway?, which attempts to reflect critically on existing patterns of making change and its implications for the future of citizen action in information and network societies. The Access to Knowledge team carried out a quantitative analysis to identify trends and growth patterns in Indian Language Wikipedias from September 2012 to April 2013. CIS drafted the Privacy Protection Bill and amended it as per feedback gained from the New Delhi, Bangalore, and Chennai Privacy Roundtable Events. CIS made closing statement on the Treaty for the Blind at the WIPO Diplomatic Conference which was concluded with the adoption of the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled. In a research paper Nehaa Chaudhari gives an analysis of patent pools, Sameer Boray gives an analysis of video piracy and Pranav Menon gives an analysis of India-EU FTA and issues surrounding data protection and security. In this period we organised the Institute on Internet and Society with support from the Ford Foundation at Golden Palms, Bangalore from June 8 to 14, 2013.

Google Policy Fellowship
CIS has initiated processing of applications for the Google Policy Fellowship programme. Shortlisted candidates would be informed about their interview. However, as of now there will be a 20 days delay in announcing the list for the interview.

Jobs
CIS is inviting applications for the posts of Developer (NVDA Screen Reader Project) and Editor/Content Developer. To apply for these posts, send in your resume to Nirmita Narasimhan (nirmita@cis-india.org). CIS is also seeking applications for the post of Programme Officer (Internet Governance). To apply send your resume to Sunil Abraham (sunil@cis-india.org) and Pranesh Prakash (pranesh@cis-india.org).

Accessibility

National Resource Kit for Persons with Disabilities
CIS and the Centre for Law and Policy Research (CLPR) are working in this project. Draft chapters have been published. Feedback and comments are invited from readers for the chapter on Jharkhand:

The Jharkhand Chapter (by CLPR, June 30, 2013).

Note: All the chapters published on the website are early drafts and will be reviewed and updated.

Award

Girls in ICT Day 2013 (organized by ITU-APT Foundation of India with support from CMAI - Association of India Communication and Infrastructure, FICCI Auditorium, Tansen Marg, New Delhi, May 7, 2013). Dr. Nirmita Narasimhan got a felicitation for her contribution and achievements in the field of Information and Communication Technology. The honour was conferred during the celebration of this event.

Media Coverage

A Treat for the Blind (by Chitra Narayanan, Business World, June 26, 2013). Pranesh Prakash was quoted.

Access to Knowledge and Openness

The Wikimedia Foundation has given a grant to CIS to support and develop the growth of Indic language communities and projects by community collaborations and partnerships. This is being carried out by the Access to Knowledge team based in Delhi. CIS is also doing a project (Pervasive Technologies) on examining the relationship between production of pervasive technologies and intellectual property. CIS also promotes openness including open government data, open standards, open access, and free/libre/open source software through its Openness programme.

Access to Knowledge (Previously IP Reforms)

WIPO
Pranesh Prakash participated in the WIPO Diplomatic Conference to Conclude a Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities in Marrakesh, Morocco, June 17 to 28, 2013. The conference concluded with the adoption of the Marrakesh Treaty to facilitate access to published works by blind persons, persons with visual impairment, and other print disabled persons, by requiring mandatory exceptions in copyright law to enable conversions of books into accessible formats, and by enabling cross-border transfer of accessible format books. Click for:

CIS's Closing Statement at Marrakesh on the Treaty for the Blind (by Pranesh Prakash, June 28, 2013).
India's Closing Statement at Marrakesh on the Treaty for the Blind (June 29, 2013).

Pervasive Technologies

Pervasive Technologies: Patent Pools (by Nehaa Chaudhari, June 27, 2013).

Other (FTA, Piracy)

The Right Way to Fight Video Piracy? (by Sameer Boray, June 6, 2013).
India-EU Proposed Free Trade Agreement: Issues Surrounding Data Protection and Security (by Pranav Menon, June 8, 2013).
India- EU FTA: A Note on the Copyright Issues (by Nehaa Chaudhari, June 18, 2013).

Event Participated

Governance in the Age of the Internet and Free Trade Agreements (organized by Thai Netizen Network and co-hosted by the Ministry of Information and Communication and the National Science and Technology Development Agency, Queen Sirikit National Convention Center, June 8, 2013). Sunil Abraham was a speaker.

Access to Knowledge (Wikipedia)

The A2K team consists of three members based in Bangalore: T. Vishnu Vardhan, Dr. U.B. Pavanaja and Subhashish Panigrahi and one team member Nitika Tandon who is working from Delhi office.

Statistical Report

Indian Language Wikipedia Statistics (by Nitika Tandon, June 30, September 2012 – April 2013).

Event Organised

A 'Kannada' Wikipedia Workshop for Bloggers (Suchitra, Bengaluru, June 23, 2013). Dr. U.B. Pavanaja conducted the workshop.

Event Co-organised

Telugu Wikipedia Training Workshop (co-organised by A2K team and Theatre Outreach Unit, University of Hyderabad, Golden Threshold, Nampally, Hyderabad, March 8, 2013). T. Vishnu Vardhan conducted the workshop.

Upcoming Event

Digital Humanities for Indian Higher Education (co-organised by HEIRA-CSCS, Tumkur University, CILHE-TISS and CCS, Indian Institute of Science, July 13, 2013).

Blog Entries

My First Wikipedia Training Workshop – Theatre Outreach Unit, University of Hyderabad (by T. Vishnu Vardhan, June 26, 2013). The workshop was conducted in March but the report was published only in June.
Wikipedia Visual Editor (by Nitika Tandon, June 27, 2013).

Press Coverage (including videos)

A Feature on Wikipedia and Telegu Wikipedians (HMTV, May 30-31, 2013). Watch the video.
Wikipedia Live Phone-in Programme (HMTV, June 1, 2013). T. Vishnu Vardhan took part in a one hour live phone-in programme on Wikipedia.
Wiki donors (by Akhila Seetharaman, TimeOut Bengaluru, June 21, 2013). T. Vishnu Vardhan and Dr. U.B. Pavanaja are quoted.
Kannada Wikipedia Workshop at Hasan (Prajavani, June 5, 2013). Dr. U.B. Pavanaja conducted the workshop on June 4, 2013.
Kannada Wikipedia Workshop at Hasan (Samyukta Karnataka, June 5, 2013). Dr. U.B.Pavanaja conducted the workshop on June 4, 2013.
Kannada Wikipedia Workshop at Hasan (Vijaya Karnataka, June 5, 2013). Dr. U.B.Pavanaja conducted the workshop on June 4, 2013.
Wiki Rahasya: Panel Discussion (Suvarna News, June 13, 2013). Dr. U.B.Pavanaja participated in a panel discussion around Wikipedia in general and about Kannada Wikipedia in specific.

Openness

Column

Big Data, People's Lives, and the Importance of Openness (by Nishant Shah, DML Central, June 24, 2013).

Event Hosted

RHoK Global Event (Centre for Internet and Society, Bangalore, June 1 – 2, 2013). Yogesh Londhe shares with you a post-event report.

Internet Governance

CIS began two projects earlier this year. The first one on facilitating research and events on surveillance and freedom of expression is with Privacy International and support from the International Development Research Centre, Canada. The second one on mapping cyber security actors in South Asia and South East Asia is with the Citizen Lab, Munk School of Global Affairs, University of Toronto and support from the International Development Research Centre, Canada:

Cyber Stewards Project
Laird Brown, a strategic planner and writer with core competencies on brand analysis, public relations and resource management and Purba Sarkar who in the past worked as a strategic advisor in the field of SAP Retail are working in this project.

Video Interview

An Interview with Ram Mohan (June 30, 2013)

Event Organized

The Geopolitics of Information Controls: A Presentation by Masashi Crete-Nishihata (TERI, Bangalore, June 19, 2013). About 20 people participated in the event.

Privacy Research

Privacy Protection Bill, 2013 (With Amendments based on Public Feedback) (by Elonnai Hickok, June 30, 2013): CIS drafted the Bill. Based on feedback received from the New Delhi, Bangalore, and Chennai Roundtables the Bill was amended.

Interviews

Interview with the Citizen Lab on Internet Filtering in India (June 24, 2013). Maria Xynou interviewed Masashi Crete-Nishihata and Jakub Dalek from the Citizen Lab on internet filtering in India.
Interview with Billy Hawkes (June 20, 2014). Maria Xynou interviewed Billy Hawkes, the Irish Data Protection Commissioner on recommendations for data protection in India.

Columns

Indian Surveillance Laws & Practices Far Worse than US (by Pranesh Prakash, Economic Times, June 13, 2013).
World Wide Rule (by Nishant Shah, Indian Express, June 14, 2013). Nishant Shah reviews Schmidt and Cohen's book “The New Digital Age”.
Way to Watch (by Chinmayi Arun, Indian Express, June 26, 2013).
The State is Snooping: Can You Escape? (by Snehashish Ghosh, India Together, June 26, 2013).

Blog Entries

India Subject to NSA Dragnet Surveillance! No Longer a Hypothesis — It is Now Officially Confirmed (by Maria Xynou, June 13, 2013).
SEBI and Communication Surveillance: New Rules, New Responsibilities? (by Kovey Coles, June 27, 2013).
Open Letter to "Not" Recognize India as Data Secure Nation till Enactment of Privacy Legislation (by Elonnai Hickok, June 19, 2013).
Open Letter to Prevent the Installation of RFID tags in Vehicles (by Maria Xynou, June 27, 2013).

Events Organised

Technology, Power, and Revolutions in the Arab Spring (CIS, July 2, 2013). Prof. Ramesh Srinivasan gave a talk.
Learn to Secure Your Online Communication! (CIS, Bangalore, June 30, 2013). A Crypto Party was organised.
Learn to Secure Your Online Communication! (IIC, Delhi University, South Campus, New Delhi, July 6, 2013). A Crypto Party was organised.

Event Co-organised

4^th Privacy Round Table Meeting (co-organised with the Federation of Indian Chambers of Commerce and Industry and the Data Security Council of India, Mumbai, June 15, 2013).

Upcoming / Ongoing Events

Digital Activism in Europe (The Sarai Programme, Centre for the Study of Developing Societies, New Delhi, July 8, 2013). Bernadette Längle will give a talk.
Privacy Round Table, Kolkata (co-organised with the Federation for Indian Chambers of Commerce and Industry, and the Data Security Council of India, Lytton Hotel, Sudder Street, Kolkata, July 13, 2013).

Event Participated In

Biometrics or bust? India's Identity Crisis (organized by the Oxford Internet Institute, July 2, 2013). Malavika Jayaram was a speaker.

Video

Pranesh Prakash on the US snooping into Indian cyber space (by Tehelka, June 2013).

Media Coverage

Indian student in Cornell University hacks into ICSE, ISC database (by Kim Arora, Times of India, June 6, 2013). Pranesh Prakash is quoted.
‘Hacking’ sparks row over exam evaluation (by Vasudha Venugopal and Karthik Subramanian, Hindu, June 7, 2013). Pranesh Prakash is quoted.
Internet firms deny existence of PRISM (by Javed Anwer and Ishan Srivastava, Times of India, June 8, 2013). Sunil Abraham and Pranesh Prakash are quoted.
Indian Government Quietly Brings In Its 'Central Monitoring System': Total Surveillance Of All Telecommunications (Tech Dirt, June 8, 2013). Pranesh Prakash is quoted.
Facebook, Google deny spying access (by Javed Anwer, Times of India, June 9, 2013). Pranesh Prakash is quoted.
Govt mulls advisory on privacy issues related to Google, Facebook (by Thomas K Thomas, Hindu Business Line, June 10, 2013). Sunil Abraham is quoted.
Cyber experts suggest using open source software to protect privacy (by Kim Arora, Times of India, June 22, 2013). Sunil Abraham is quoted.
Govt goes after porn, makes ISPs ban sites (by Javed Anwer, Times of India, June 26, 2013). Sunil Abraham is quoted.
Indian govt blocks 40 smut sites, forgets to give reason (by Phil Muncaster, The Register, June 27, 2013). Sunil Abraham is quoted.
Concerns over central snoop (by Aloke Tikku, Hindustan Times, June 28, 2013). Sunil Abraham is quoted.
Internet users enraged over US online spying (by Maitreyee Boruah, Times of India, June 29, 2013). Sunil Abraham is quoted.
Issue of duplication of identities of users under control: Nilekani (by Anirban Sen, Livemint, June 29, 2013). Sunil Abraham is quoted.
In India, Prism-like Surveillance Slips Under the Radar (by Anjan Trivedi, Time World, June 30, 2013). Sunil Abraham is quoted.

Knowledge Repository on Internet Access

CIS in partnership with the Ford Foundation is executing a project on Internet Access. It covers the history of the internet, technologies involved, principle and values of internet access, broadband market and universal access. It will also touch upon various policies and regulations which has an impact on internet access and bodies and mechanism which are responsible for formulation of policies related to internet access. The blog posts and modules are being published in the Internet Institute website:

Event Organised

Institute on Internet and Society (supported by Ford Foundation, Golden Palms Resort, Bangalore, June 8 – 14, 2013). Pranesh Prakash, Bernadette Längle, Vir Kamal Chopra, AK Bhargava, Ananth Guruswamy, Archana Gulati, Chakshu Roy, Elonnai Hickok, Gaurab Raj Upadhaya, Helani Galpaya, Michael Ginguld, Dr. Nadeem Akhtar, C. Nandini, Dr. Nirmita Narasimhan, Dr. Nishant Shah, Parminder Jeet Singh, Ravikiran Annaswamy, Dr. Ravina Aggarwal, Satyen Gupta, Dr. Subbiah Arunachalam, Sunil Abraham, Tulika Pandey and T. Vishnu Vardhan were speakers at the event. The presentations can be accessed here.

Telecom

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

Law & Order through Traffic Systems (by Shyam Ponappa, Business Standard, June 5, 2013 and cross-posted in Organizing India Blogspot).

Digital Natives

Digital Natives with a Cause? examines the changing landscape of social change and political participation in light of the role that young people play through digital and Internet technologies, in emerging information societies. Consolidating knowledge from Asia, Africa and Latin America, it builds a global network of knowledge partners who critically engage with discourse on youth, technology and social change, and look at alternative practices and ideas in the Global South:

White Paper

Whose Change is it Anyway? (by Nishant Shah, Hivos, June 18, 2013).

Digital Humanities

We are building research clusters in the field of Digital Humanities. The Digital will be used as a way of unpacking the debates in humanities and social sciences and look at the new frameworks, concepts and ideas that emerge in our engagement with the digital. The clusters aim to produce and document new conversations and debates that shape the contours of Digital Humanities in Asia.

Blog Entries

Mapping the Field of Digital Humanities (by Sara Morais, June 11, 2013).
A Suggested Set of Values for the Digital Humanities (by Sara Morais, June 12, 2013).
Archive Practice and Digital Humanities (by Sara Morais, June 24, 2013).

About CIS

The Centre for Internet and Society is a non-profit research organization that works on policy issues relating to freedom of expression, privacy, accessibility for persons with disabilities, access to knowledge and IPR reform, and openness (including open government, FOSS, open standards, etc.), and engages in academic research on digital natives and digital humanities.

Follow us elsewhere

Get short, timely messages from us on Twitter
Join the CIS group on Facebook
Visit us at http://cis-india.org

Support Us
Please help us defend consumer / 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, and theoreticians, both organisationally and as individuals, to collaboratively engage with Internet and society and improve our understanding of this new field. To discuss the research collaborations, write to Sunil Abraham, Executive Director, at sunil@cis-india.org or Nishant Shah, Director – Research, at nishant@cis-india.org

CIS is grateful to its donors, Wikimedia Foundation, Ford Foundation, Privacy International, UK, Hans Foundation and the Kusuma Trust which was founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin, for its core funding and support for most of its projects.

For more details visit https://cis-india.org/about/newsletters/june-2013-bulletin

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

Manojna Yeluri — 2013-11-07T06:14:16Z

The National Resource Kit team is pleased to bring you its research on the state of laws, policies and programmes for persons with disabilities in the state of Jharkhand.

Executive Summary

According to the 2001 Census, the number of persons with disability i Jharkhand amounted to about 4,48,377 which is roughly 3% of the total population of Jharkhand.[1] The largest section of the disabled population in Jharkhand is visually impaired, constituting about 41.53%. Statistics indicate that Jharkhand houses approximately 2.04% of the total disabled population of the country.

Quick Statistics:

Capital: Ranchi
Population: 32,966,238 (2011 Census)
Population of Persons with Disabilities: 448,377 (2001 Census)
Literacy: 67.63%

The Nodal Department in charge of the implementation and enforcement of the Rules and Acts concerning Persons with Disabilities is the Department of Social Welfare, Women and Child Development. The Jharkhand State Policy on Disability Rights seeks to ensure, inter alia, Participation, Inclusion, Barrier free environment, Empowerment and Self Advocacy.

Legal Provisions

The Jharkhand State Policy on Disability has been formulated under the provisions enshrined in the Central Policies and laws.

The State Policy seeks to facilitate the inclusion of disability rights in the strategies of the Government, to develop an integrated management system for the coordination of disability planning and its implementation, and finally, to develop a comprehensive plan of action that will include among other things, a strong public education system and awareness raising programmes. The Policy focuses mainly on the following areas:

Public Education and Awareness Raising
Prevention of Disabilities through Early Identification and Intervention, immunisation, healthy lifestyle promotion and so on.
Health Care and Nutrition
Community Based Rehabilitation
Barrier Free Access
Accessible and Flexible Public Transport System
Inclusive Education
Employment and Economic Empowerment
Participation in Public Life
Skill Development through special vocation training services
Human Resource Development to ensure access to the necessary rehabilitation services
Social Security
Housing
Cultural and Creative Activities and Sports
Data Gathering and Research on Persons with Disabilities
Special Focus areas: Mental Illness, Sensory and Multiple Disabilities, Women and Girls with Disabilities and Certification

Additionally, a new policy is set to be passed which will ensure a three per cent fund allotment in the State’s annual budget, for the upliftment of people with disability.[2]

Accessibility

The Department of Social Welfare, Jharkhand has not made any schemes under this category except for the following:

Concessions on Tickets: For persons with blindness, physical or mental disability, 75% concession on the price of tickets is given in sleeper class and 3^rd AC compartment while 50% concession is given in 2^nd and 1^st AC. For persons who are hearing and speech impaired, a 50% concession is provided. A concession is also provided for any helper traveling with the person with disability.[3]

Tricycles and Wheelchairs: Tricycles, wheelchairs and other aids and appliances are to be provided to the physically challenged, however there is no specific scheme for the same.[4]

No other provisions have been made with regard to travel allowances.

Education

The state government provides for scholarships, reserevations and other facilities for stidents with disabilities. The benefits provided are as follows:

Scholarships and Stipends for students with disabilities:

Class 1- 8 in Govt schools: Stipend of Rs. 50/- per student per month.

Class 9 to Undergraduate degree in Govt school/ college: Stipend of Rs.250/- per student per month.

Postgraduate degree in a Govt college: Stipend of Rs. 260/- per student per college.

Boarders from Class 1-8 in a Govt school: Stipend of Rs. 100/- per student per month.
Additionally, if any registered Non Governmental Organisation sets up a school for children with disabilities, students of that school are also to be taken care of. It is to be ensured that the schools have trained teachers and the necessary equipments.[5]

Reservation in Educational Institutions: As per Section 39 of the PWD Act, reservation of 3% is provided in government educational institutions as well as educational institutions funded by the government for persons with disabilities.

Non Formal education: 5^th class dropout students with disabilities are to be given Non Formal education and children over the age of 16 are to be given special books, desired equipments and are to be taught through open schools and universities in order for them to attain functional literacy.[6]

Grants in Aid Schemes: The Department of Social Welfare runs various bodies and institutions through grants in aid to Non Governmental Organisations for the welfare of its target groups. Few of such schemes are as follows.

Establishment of Schools for Spastic Children: The scheme for the spastic children is being implemented in this State through Non Governmental Organisations in different blocks of the State. For this scheme funds are provided to those Non Governmental Organisations that wish to open special schools for the benefit of spastic children.
Schools for the Blind, Hearing and Speech Impaired: The State government has set up construction and renovation work for schools for the blind, hearing and speech impaired. In addition to these, 3 new schools and hostels have been completed. It is proposed to run these institutions with the help of capable Non Governmental Organisations.

Employment

Reservation in Government Jobs: As per Notification No. 728 dated 01/11/2007 read with Notification No. 5776 dated 10/10/2002 and Notification No. 5795 dated 10/10/2002, 3% of Government jobs have been reserved for persons with disabilities in the State.[7] Within this 3%, 1% of the jobs is reserved for persons with partial or complete blindness, 1% for people with hearing disability and 1% for people who are orthopaedically disabled.[8]

Health and Rehabilitation

No health and rehabilitation schemes have been formulated except for provision of equipment and aids and appliances.

Equipments for persons with disabilities: Equipments such as crutches, hearing aids, tricycles are being provided by the State government to persons with disabilities.

Social Protection

Swami Vivekananda Nisshakta Svawalamban Protsahan Yojana: This is a flagship scheme promulgated by the Jharkhand State Government with regard to the welfare of persons with disabilities in the State. Since the financial year 2006-07 the Government has started this scheme where an amount of Rs. 200/- per month is given to every person with disability living in the State and is above the age of 5 years as a stipend through Anganwadi workers. This amount has now been increased to Rs. 400/- per month.[9]

Minor Disability Sector scheme: Apart from the scheme of Swami Vivekananda Nisshakta Svawalamban Protsahan Yojana there are a few minor schemes relating to disability which are run by the Department of Social Welfare. They are as follows:

Special Equipment for Disabled

Scholarship to Handicapped

Economic & Social Survey of the Disabled

Workshop for the Disabled[10]

Reservation in Poverty Alleviation Programmes: Notification No. 3260 dated 06/06/2003 provides that any poverty alleviation programme of the Government must have a 3% reservation for persons with disabilities.[11]

Workshop for the Disabled: Under this scheme funds are provided to Non Governmental Organisations for conducting workshops, seminars etc. on disability, and also for organizing Abilympics and related events.[12] Abilympics is a vocational skills competition on the lines of the Olympics, held for persons with disabilities to showcase their talents.

Central Schemes

Cash Transfer Scheme: Jharkhand government has decided to bring all 24 districts of the state under Direct Cash Transfer scheme of the Central Government by May 2013. The Direct Cash Transfer scheme will start in four districts of Jharkhand- Ranchi, Ramgarh, Hazaribagh and Saraikela Kharsawan. The scheme would provide cash directly to persons with disability, in addition to scholarships and pensions for the elderly and other welfare schemes of Central Government through Aadhar cards.

Deendayal Disabled Rehabilitation Scheme to promote Voluntary Action for Persons with Disabilities: This is an umbrella scheme by the Central Government for the effective rehabilitation of persons with disabilities. The Jharkhand Government, under this scheme, provides assistance to Non Governmental Organisations for provision of a wide range of services to the disabled such as early intervention, programmes for pre school, vocational training, special education, community based rehabilitation, manpower development and so on.[13]

Assistance to Disabled Persons for Purchase/Fitting of Aids/Appliances (ADIP) Scheme: This scheme of the Central Government has been implemented by the Jharkhand Government. Funds are provided to the state notionally which are then allocated to Implementing Agencies for the purpose of assisting persons with disabilities to promote their physical, social and psychological rehabilitation by helping them.[14]

Scheme for providing Employment to Persons with Disabilities in the Private Sector: Incentives are being provided by the Government to the private sector employers in order to promote employment in the private sector as well.[15]

[1].http://www.jharkhand.gov.in/new_depts/socwf/Social%20Welfare%20Annual%20Plan%2009-10.pdf

[2].http://articles.timesofindia.indiatimes.com/2012-09-05/ranchi/33614847_1_state-disability-commissioner-pwd-act-disability-act

[3].Directory for the Empowerment of Persons with Disabilities through Government and Non Governmental Organisations, pp.25-26.

[4].http://www.telegraphindia.com/1130302/jsp/jharkhand/story_16623167.jsp#.UYc8tLW7KAg

[5].http://socialwelfarejhar.com/ap12-13.pdf, p.5.

[6].Section 27 of the PWD Act.

[7].Directory for the Empowerment of Persons with Disabilities through Government and Non Governmental Organisations, p. 33.

[8]. Office Memorandum No.36035/3/2004-Estt.(Res.) dated 29.12.2005.

[9].http://socialwelfarejhar.com/

[10].http://www.jharkhand.gov.in/new_depts/ap201011/Social_welfare201011.pdf

[11].Supra, n.7.

[12].http://www.jharkhand.gov.in/new_depts/socwf/Social%20Welfare%20Annual%20Plan%2009-10.pdf

[13].http://socialjustice.nic.in/ddrs.php?pageid=6

[14].http://socialjustice.nic.in/adipjh.php

[15].http://socialjustice.nic.in/incentdd.php

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

A Treat for the Blind

praskrishna — 2013-07-11T06:02:27Z

The WIPO treaty will provide copyright exceptions on books making them available to blind people in formats they can use.

The article by Chitra Narayanan was published in Business World on June 26, 2013. Pranesh Prakash is quoted.

For millions of visually impaired people around the globe, it’s a landmark treaty that could open up the kingdom of books for them. After days of intense deliberations at Marrakesh in Morrocco, about 600 World Intellectual Property Organisation (Wipo) negotiators, including delegates from India, reached a consensus on a treaty that will provide copyright exceptions on books making them available to blind people in formats they can use.

Wipo, a United Nations agency, is dedicated to the use of intellectual property as a means of stimulating innovation and creativity. The agency has 186 member states.

Sure, content is king. But for the visually impaired, the right platform for accessing content is what makes the difference. Thanks to audio books, a host of apps, and digital platforms such as Bookshare, which provides content in accessible formats, the technology is already there to bring the rich world of 'hardcovers' and 'paperbacks' alive for those who cannot see. What’s more, these books are compatible with all kinds of devices from mobile phones to tablets to PCs.

Now, at last, there is legal sanction as well to content that was not being made available in accessible formats by the copyrights holders. For the 15 million people who are blind in India, the treaty is expected to open education doors as well as provide entertainment needs. India has the world’s largest number of blind people.

Bangalore-based Centre for Internet Society, a policy research organisation, has been at the forefront of negotiations at WIPO to get the treaty through. Minutes after the session concluded, Pranesh Prakash, policy Director at CIS and his colleague Sunil Abraham were tweeting ecstatically about the “win”.

For five long years, this Wipo treaty has witnessed contentious discussions on issues such as including exports of copyrighted works, translations of copyrighted works and so on. According to Prakash, who responded over twitter, “On Exports we won, but re-exports which was earlier permitted has become much more difficult.”

There are also other grainy areas such as commercial availability of the books. According to a post on the Intellectual Property Watch website, soon after the agreement was reached, commercial availability still stands under Article 4 (National Law Limitations and Exceptions on Accessible Format Copies) but has disappeared from Article 5 (cross border exchange of accessible format copies).

Although blind music legend Stevie Wonder, one of the most ardent supporters of the treaty, must be crooning Signed, Sealed, Delivered... it’s early days yet. The draft of the treaty has to be ratified by governments before being adopted.

But for five long years, it has been a long hard battle between copyright owners and those fighting for human rights of the visually impaired. Finally, as one observer, put it: 'a rare victory is in sight for human rights'.

For more details visit https://cis-india.org/news/business-world-june-26-2013-chitra-narayanan-a-treat-for-the-blind

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

Girls in ICT Day 2013 — Nirmita Narasimhan Felicitated

praskrishna — 2013-06-20T05:35:54Z

The ITU-APT Foundation of India with support from CMAI - Association of India Communication and Infrastructure organized the "Girls in ICT Day" to pay tribute to the contribution of young women in ICT in India on May 7, 2013 at FICCI Auditorium, Tansen Marg, New Delhi.

Nirmita Narasimhan got a felicitation on this event.

Anil Prakash, Secretary General, ITU-APT Foundation of India wrote a 'thank you' letter to Nirmita for participating in this event. The text of the letter by Anil Prakash is reproduced below:

Thank You for attending the Girls in ICT day 2013
Dear Ms. Narasimhan,
On behalf of ITU-APT Foundation of India and CMAI, I take this opportunity to thank you for your precious time and for participating in the panel discussion at the "Girls in ICT Day 2013", held on 7th May 2013 at FICCI Auditorium, Tansen Marg, New Delhi. Your thoughtful deliberation on the subject was well appreciated and encouraged by the participants. The opening address by...Rita Teaotia, Addl, Secretary, DoT and concluding address by ... Eun-Ju Kim, Regional Director, ITU Regional Office in Asia Pacific had added a great significance to the programme.

The programme was a great success and over 150 participants including international dignitaries, ambassadors, ministers from foreign countries, students, young professionals, civil society & government representatives and the industry acknowledged the awards given to young girls who have contributed in the development of ICT and made a difference with their untiring enthusiasm, determination and working against all odds to make a difference.

The success of the programme has encouraged us largely as this was the first time the event was celebrated in India and henceforth we plan to celebrate it on an annual basis and pay our tribute to the young women achievers in the field of ICT.

We once again thank you for your valuable contribution and look forward to your continued support in future.

Thanking You,
Anil Prakash
Secretary General
ITU-APT Foundation of India
Suite 115, Gagandeep, 12 Rajendra Place
New Delhi-110008
Tel. +91-11-2575 7128

Below is a group picture of participants at the Girls in ICT event in Delhi. The winners are seen holding on to their certificates.

For more details visit https://cis-india.org/accessibility/blog/girls-in-ict-day-2013-in-delhi

India- EU FTA: A Note on the Copyright Issues

nehaa — 2013-07-03T06:47:08Z

In this blog post, Nehaa Chaudhari gives us an overview of some of the provisions of the Free Trade Agreement (FTA) and the copyright issues identified therein.

Click to download the India-EU FTA: A Note on Copyright Issues (PDF, 205 Kb)

Against the backdrop of ongoing negotiations dating back to 2007, and, more recently, with parties being unable to make substantial progress on the Indo-EU FTA[1] this note presents an overview on some of the provisions of the FTA and the copyright issues identified therein. This note deals with the issues on two levels- first to examine the impact of intellectual property right provisions in FTAs in general and second to apply these generic principles to the Indo- EU FTA specifically.

Introduction

Investment agreements, of which bilateral investment treaties are a part, and investment chapters in various FTAs often result in an increase in the effective levels of intellectual property protection in one of the countries that is a part to the agreement. This can be done either explicitly, where ‘investment’ may be defined to include IP, or implicitly, for instance, through an expropriation provision.[2] This has concurrently witnessed the growing realization that the promotion of these increased IP standards is not suited to the need of developing countries. Therefore, it has been observed[3]that there is now an attempt by the developed countries to use FTAs as a forum to push for higher standards of IP protection in developing countries, and to restrict the scope of the flexibilities offered by TRIPS, most notably in the sectors of protection of plant varieties, patents and access to medicine, farmers rights and access to information.[4]This approach is inherently problematic, because it then infringes on the developing countries’ ability to achieve their developmental objectives.

Dismantling the Arguments In Favour of Increased IP Protection

A prevalent view of thought is that in order to increase Foreign Direct Investment (FDI), developing countries would have to increase their IP protection. This section of the paper seeks to argue that this might not necessarily be the case.

An illustration of the aforesaid proposition may be Heald’s criticism[5] levied on Mansfield’s paper[6] arguing that there was a direct correlation between the level of intellectual property protection in a country and the foreign direct investment into that country. Further, a study[7] conducted under the aegis of the United Nations has suggested that there was a ‘considerable incentive’ for countries to use the flexibilities provided under TRIPS to maximise net benefits for their development; stating that while in countries with a capacity to innovate stronger IPR protection can reap some benefits in terms of greater innovation at home and a greater diffusion of technology, the same cannot be said about nations without such a capacity, and may in fact impose additional costs.[8]

Specifically in the area of copyright, it has been observed that increased copyright protection can hamper the growth and development of knowledge based industries. Sanya Smith argues that those who control copyright have a ‘significant advantage’ in the knowledge based economy, and says that in the current scenario where ownership of copyright is largely in the hands of industrialized nations, this places developing nations, and smaller economies at a significant disadvantage.[9] She also goes on to argue that increasing copyright protection alone does not seem to be sufficient to stimulate industries, and there may other factors involved. Additionally, copyright could also significantly increase the cost of creative industries.[10] More fundamentally however, access to information and knowledge are amongst the most affected areas as a result of tightening of copyright laws, leaving students, academicians, researchers, scientists and persons with print disability significantly disadvantaged.

Implications of the Copyright Provisions in the Proposed Indo- EU FTA

Based on the general discussion earlier, this section of the paper seeks to examine the proposed and long debated Indo- EU FTA for the concerns enumerated earlier. As things currently stand, both parties have failed to reach a consensus on various substantial differences, and a ministerial meet originally scheduled for June seems unlikely to take place.[11]

It has been observed[12] that the Indo- EU FTA[13] includes various provisions that preserve the flexibilities offered under the TRIPS framework. This is extremely critical from the perspective of developing countries, given that access to knowledge is an extremely important ideal to be preserved. For instance, as noted by Knowledge Ecology International[14]the proposed FTA includes Articles 7 (Objectives) and 8 (Principles) of the TRIPS[15] by reference. Further, the language of Article 13 under the proposed FTA explicitly recognizes the importance of the Doha Declaration, which is a positive step.[16] It has been said however, that stronger language where the parties ‘affirmed’ their obligations under the Declaration could have been used.[17] However, this does not take away from the fact that many of the provisions of the proposed FTA are extremely problematic, as will be discussed in the forthcoming parts of this paper.

Problematic Provisions

The main concern that has emerged from this FTA is the fact that some of its provisions dealing with IPR go beyond the mandate as under the TRIPS Agreement. For instance, as pointed out by Shamnaad Basheer to Intellectual Property Watch, various provisions now provide for intermediary liability, which isn’t present in TRIPS. He also adds however, that if the initial stand of the government that India would not go TRIPS plus continues to hold, the government should indeed adopt a strong stance and not cave in to the said provisions.[18] An overview of some of the problematic provisions has been presented hereafter:

International Obligations

As per the proposed treaty, protection granted by the parties should be in accordance with the Berne Convention, the Rome Convention and the WIPO Copyright and Performance and Phonograms Treaties. Snehashish Ghosh in his blog post[19] writes that the EU stipulates compliance with Articles 1 through 22 of the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (1961), Articles 1 through 14 of the WIPO Copyright Treaty – WCT (Geneva, 1996), Articles 1 through 23 of the WIPO Performance and Phonograms Treaty – WPPT (Geneva, 1996). It is critical to note that the Rome Convention is not in force in India[20], and that India is not a party to either the WCT[21] or the WPPT[22], and therefore, this provision would have the effect of substantially surpassing all obligations that India has at the moment under multilateral international agreements.

Technical Protection Measures (TPMs) and Digital Rights Management (DRM)

A TPM, understood simply, is a lock in a digital format, placed on digital material to prevent access to or copying of the material in question. The problem with such measures is that they can prevent even those forms of copying which are legal (for instance, the copying of a movie on which copyright has expired could be prevented), creating a potentially infinite monopoly over the product in question. India, in its negotiations with the EU, has agreed to sweeping language under this provision, where TPMs and DRM measures are broadly defined. The Agreement further provides for limitations on TPM protections only to persons who have “legal access to the protected work or subject matter”.[23]

Copyright Expansion

There are various provisions under the proposed FTA that have the effect of copyright expansion. To begin with, the duration of protection for photographic works is not expressly mentioned in the proposed agreement.[24] Snehashish Ghosh concludes that the term of photographic works is unclear in the proposed FTA. He writes that the proposed FTA makes it mandatory for the parties to comply with the Berne Convention, and all literary and artistic work under the proposed FTA is to be construed as the same as the Berne Convention[25]. Photographic works are included under literary and artistic works under the Berne Convention, and the rights of an author in case of photographic works are protected for a minimum period of 25 years. However, the proposed FTA extends the period of protection to beyond that prescribed by the Berne Convention and states that protection is given to literary and artistic works (as defined in the Berne Convention) for a period of the duration of the life of the author plus fifty years after this death. It further states that works for which the period of protection is not calculated from the death of the author, and which have not been lawfully made available to the public within at least 50 years from their creation, the protection shall terminate.[26]

Article 7.6 (proposed by the EU), limits the resale rights of a downstream purchaser. It has been noted by Knowledge Ecology International[27] that this seems to give the author of an original work of art a right in perpetuity, to receive a royalty for the resale of the piece of art, where such right cannot be waived or transferred by the author of the work. Therefore, a situation would arise where each time a person who has purchased the work wants to resell the same, he would have to pay royalties to the original author.[28] The observations further go on to note that royalties are not limited, and the amount has to be determined by national legislation. Further complicating the situation is the fact that the provision does not cease to apply after a given number of re-sales, and continues to the death of the author (but might not into the 50 year protection post the death of the author).[29]

Exceptions and limitations for copyright have been covered under Article 7.9(1) of the proposed FTA, and they may be created “only” in accordance with the three step test, which is essentially that (a) the exceptions and limitations must apply in certain special cases; (b) must not be in conflict with the normal course of exploitation of the subject matter in question and (c) must not unreasonably prejudice the legitimate interests of the right holders.[30] It has been observed that this test is more restrictive than TRIPS, Berne Convention, Rome Convention or the WCT.[31]

On the plus side, temporary copies have been excluded from copyright protection, as per Article 7.9(2) of the proposed FTA, which would ensure the proper functioning of technology.

Persons with Disabilities

There is nothing that deals with the import/export or cross border exchange of files/documents/books etc. for persons with disabilities.

Cross Border Measures

Cross Border Measures have been dealt with under Article 30 of the proposed FTA. It is interesting to note that under this Article the EU has proposed the application of border measures to exports as well. This is contrary to the position laid down in the TRIPS Agreement, which has this requirement only for importing infringing goods.[32] Further, the EU also seeks to expand the applicability of such measures to include those goods which also infringe designs or geographical indications. Additionally, Article 30 also leaves out certain TRIPS safeguards, for instance, one that requires the right holder to provide adequate evidence for a prima facie case of infringement.[33]

Intermediary Liability

It has been suggested that the EU, under the garb of protecting intermediate service providers from liability for infringement by users, is purporting to place a greater burden on the providers in question, of policing user activity.[34] For instance under Article 35.1.1 of the proposed FTA, while service providers are not under any general obligation to seek facts or circumstances that could indicate illegal activity, they may be obligated to promptly inform competent authorities of these alleged illegal activities undertaken/information provided by recipients of their service. [35] Otherwise, the providers may also be required to communicate to the authorities, on their request, information that would enable the identification of their service with whom they have storage agreements, as per Article 35.1.2.[36] It has been rightly identified by Glover Wright, that such provisions would only serve to increase tensions between the users and their service providers, with relations dictated by concerns about liability, and barriers in the sending, receiving and storing of information freely. It would be a tricky question for intermediate service providers to check what would constitute ‘knowledge’ and how they were to best safeguard themselves from liability.[37] Therefore, the author is inclined to agree with Wright’s submission that India needs to reject all provisions of liability of intermediate service providers as discussed above.

IP Enforcement

There exist, as regards the enforcement of rights, many problematic provisions in the proposed FTA. For starters, the EU has proposed that interlocutory injunctions may also be issued under the same conditions against an intermediary whose services are being used by a third party to infringe intellectual property rights.[38] This may be found under Article 22.1 of the proposed FTA, and is inherently problematic for being a provision far beyond the mandate as laid down by TRIPS.

The EU is also pushing for the use of very explicit language as regards seizing movable and immovable property of the alleged infringer as a precautionary measure. This also extends to the blocking of the bank accounts and other assets of the said infringer, and to this end, competent authorities may even order the communication of bank, financial or commercial documents, or access to the said information.[39] It is critical to note that such a provision is greatly problematic as being rather vague in its approach, and very readily compromising privacy for ‘alleged’ acts of infringement.

It is further critical to note that while Article 20 states that courts should have the power to grant ex parte order to collect evidence that is allegedly infringing, there are no safeguards provided for protection of a bona fide defendant whose premises might have been raided wrongly. It is submitted that provisions that safeguard the interests of defendants are of prime importance, especially in the Indian set up, where courts are as it is rather generous in their granting of ex parte orders.

Concluding Observations

While India may stand to benefit from the proposed FTA with the EU, there remain significant IP related issues that need to be ironed out before India comes to any consensus about the agreement and ratifies the same. On the basis of the discussion over the course of this paper, it may be seen that the provisions on intellectual property rights are problematic on various levels, particularly in the areas of expansion of copyright, the inclusion of TRIPS plus provisions, cross border measures, TPMs, liability of service providers and enforcement mechanisms.

Discussions in the first half of this paper have demonstrated that increased IP protections do not necessarily translate into increased FDI and may in fact stifle innovation. Further, the warning to developing countries against adopting IPR standards fixed by developed nations has been sounded many times over, and is one that needs to be heeded to very closely for developing nations to achieve their developmental objectives.

India has over a period of time established an IP regime that is consumer friendly. In adopting the proposed FTA in its current form, she risks endangering this regime that has thus far been instrumental in proliferating emerging technologies in the county.[40] Given that India has already acceded to international standards for IPRs as a result of being a member of the WTO and being TRIPS compliant, there is no cogent reason to be made out that warrants the accession to an FTA with TRIPS plus provisions. India ought to continue to push back strongly on these fronts, bearing in mind that its stance could very well set the tone for other such agreements in South Asia. From the way things stand at the moment, it is indeed a matter of some relief that the ratification of this proposed FTA still appears to be at a considerable distance.

[1].Hereafter referred to as the FTA.

[2]. Sanya Reid Smith, Intellectual Property in Free Trade Agreements, for the UNDP Regional Trade Workshop (17-18 December, Penang, Malaysia), available at http://bit.ly/11W8dqy (last accessed 04 June, 2013).

[3]. Id.

[4]. Id at 5.

[5]. Supra note 2, citing PJ Heald, Information Economics and Policy 16 (2004) 57-65

[6]. Edwin Mansfield, Intellectual Property Protection, Foreign Direct Investment and Technology Transfer, International Finance Corporation: Discussion Paper No. 19, available at http://bit.ly/18V4D5v (last accessed 05 June, 2013)

[7]. See generally- Rod Falvey et. al., The Role of Intellectual Property Rights in Technology Transfer and Economic Growth: Theory and Evidence, United Nations Industrial Development Organization: Discussion Paper (2006), available at http://bit.ly/11JBR4o (last accessed 05 June, 2013).

[8]. Id.

[9]. Supra note 2 at 23.

[10]. Supra note 2 at 23.

[11]. PTI, India – EU FTA Talks Fail to Bridge Gaps, available at http://bit.ly/19LJaeP (last accessed 05 June, 2013).

[12]. Krista Cox, Quick Reaction to the EU/India (BTIA) Negotiating Text, available at http://keionline.org/node/1693 (last accessed 04 June, 2013).

[13]. Hereafter referred to as the FTA

[14]. KEI Staff, More Notes on the India EU FTA (BTIA), available at http://keionline.org/node/1692 (last accessed 05 June, 2013).

[15]. See http://bit.ly/13XhCfZ for more details, and for the bare text of the Articles. (last accessed 05 June, 2013).

[16]. Supra note 14.

[17]. Supra note 12.

[18]. Patralekha Chatterjee, Leaked IP Chapter of India- EU FTA Shows TRIPS-PLUS Pitfalls for India, Expert Says, available at http://bit.ly/Y7w70e (last accessed 05 June, 2013).

[19]. Snehashish Ghosh, Analysis of Copyright Expansion in the India-EU FTA (July 2010), available at http://bit.ly/ysitEC (last accessed 03 June, 2013).

[20]. For the status of Contracting Parties, see http://bit.ly/UITpsX (last accessed 05 June, 2013).

[21]. For the status of Contracting Parties, see http://bit.ly/f92xL2 (last accessed 05 June, 2013).

[22]. For the status of Contracting Parties, see http://bit.ly/fEsUAF (last accessed 05 June, 2013).

[23]. Supra note 14.

[24]. Supra note 19.

[25]. Supra note 19.

[26]. Supra note 19.

[27]. Supra note 12.

[28]. Supra note 12.

[29]. Supra note 12.

[30]. Supra note 12.

[31]. Supra note 14.

[32]. Supra note 12.

[33]. Supra note 12.

[34]. See Article 35 of the Proposed FTA.

[35]. Glover Wright, A Guide to the Proposed India-European Union Free Trade Agreement, available at http://bit.ly/16Dfuga (last accessed 05 June, 2013) at 12- 14.

[36]. Id.

[37]. Id.

[38]. Thiru, EU-India FTA: EU Pushes for IP Enforcement- IP Chapter Draft Text Under Negotiation (2013), available at http://keionline.org/node/1681 (last accessed 05 June, 2013).

[39]. See Article 22.3 of the proposed FTA.

[40]. Supra note 35.

For more details visit https://cis-india.org/a2k/blogs/india-eu-fta-copyright-issues

May 2013 Bulletin

praskrishna — 2013-08-13T11:51:46Z

The Centre for Internet & Society (CIS) welcomes you to the fifth issue of its newsletter for 2013. We bring you an overview of our research, report of events held by us and announcement of upcoming ones, events we participated in, and recent media coverage.

Celebrating 5 Years of CIS
CIS is now 5 years old and we just celebrated this by holding an open exhibition in our offices in Bangalore and Delhi from May 20 to 23, showcasing our work and accomplishments over the period. We had about 170 visitors from the general public coming in to our office. Renowned artists like Tara Kelton, Kiran Subbaiah, Navin Thomas, Abhishek Hazra and Sharath Chandra Ram exhibited their work. The four day event attracted press coverage: Bangalore Mirror (May 18, 2013), DNA (May 19, 2013), Hindu (May 22, 2013), Prajavani (May 23, 2013), Udayavani (May 25, 2013) and Bangalore Mirror (May 31, 2013). Download all posters that were part of the exhibition here.

Google Policy Fellowship
CIS is inviting applications for the Google Policy Fellowship programme. Google is providing a USD 7,500 stipend to the India fellow who will be selected by July 1, 2013. The Fellowship focus areas include Access to Knowledge, Openness in India, Freedom of Expression, Privacy, and Telecom. Send in your applications for the position by June 15, 2013.

Jobs
CIS invites applications for the posts of Developer (NVDA Screen Reader Project), and Programme Officer (Internet Governance). To apply send your resume to sunil@cis-india.org and pranesh@cis-india.org.

Accessibility

CIS is doing two projects in partnership with the Hans Foundation. One is to create a national resource kit of state-wise laws, policies and programmes on issues relating to persons with disabilities in India and another for developing a screen reader and text-to- speech synthesizer for Indian languages. CIS is also working with the World Blind Union and other similar organisations to develop a Treaty for the Visually Impaired helped by the WIPO:

National Resource Kit for Persons with Disabilities
Anandhi Viswanathan from CIS and Manojna Yeluri from the Centre for Law and Policy Research are working in this project. Draft chapters have been published. Feedback and comments are invited from readers for the chapters on Sikkim and Odisha:

The Sikkim Chapter (by Manojna Yeluri, May 30, 2013).
The Odisha Chapter (by Anandhi Viswanathan, May 31, 2013).

Note: All of these are early drafts and will be reviewed and updated.

Banking Accessibility

Survey on Banking Accessibility (by Vrinda Maheshwari, May 30, 2013). G3ict is a survey on accessibility of financial services in banks for persons with disabilities around the world. The survey is available here.

Event Organised

Global Accessibility Awareness Day (May 9, 2013, TERI, Southern Regional Centre, Domlur, Bangalore).

Access to Knowledge and Openness

The Wikimedia Foundation awarded CIS a two year grant of INR 26,000,000 to support and develop the growth of Indic language communities and projects by community collaborations and partnerships. This is being carried out by the Access to Knowledge team based in Delhi. CIS is also doing a project (Pervasive Technologies) on examining the relationship between production of pervasive technologies and intellectual property. CIS also promotes openness including open government data, open standards, open access, and free/libre/open source software through its Openness programme.

Access to Knowledge (Wikipedia)
Beginning from September 1, 2012, Wikimedia Foundation awarded CIS a two-year grant of INR 26,000,000 to support and develop free knowledge in India. The A2K team consists of three members based in Bangalore: T. Vishnu Vardhan, Dr. U.B. Pavanaja and Subhashish Panigrahi and one team member Nitika Tandon who is working from Delhi office. Noopur Raval, Programme Officer has left the organisation. April 24, 2013 was her last working day.

Announcements

Access to Knowledge Work Plan (April 2013 - June 2014): CIS has announced its detailed plan detailed plan with projection of outcomes and expected impact of the A2K programme activities. The document has been made in consultation with various stakeholders and keeping in mind the objectives, opportunities and challenges faced by each of the Indian language Wikimedia projects. Feel free to share any feedback.
WMF-A2K Revised Budget (draft) and Utilization (Sept 2012 - Feb 2013): In our effort to increase transparency with the working of CIS-A2K programme, we are sharing with you the A2K Programme Budget along with the Utilization for the period Sept. 2012 to February 2013. The proposed revisions to the budget along with some notes are here.
WMF-A2K Grant Budget and Utilization (Sept 2012 – February 2013): CIS has given an open disclosure of the Access to Knowledge budget to Wikimedia India and the global community.
CIS Signs MOU with TISS, Mumbai: has signed a MoU with TISS as part of which we will collaboratively work towards building Digital Knowledge Partnerships with select higher education institutions.
India Access to Knowledge IRC can be accessed here: May 13, 2013 (All Language Discussion) and May 26, 2013 (Odia Language Discussion).

Blog Entries

Odia Wikipedia: Needs Assessment (by Subhashish Panigrahi, May 11, 2013).
Access to Knowledge Work Plan: Synopsis of Feedback by Wikipedians (by Nitika Tandon, May 20, 2013).
Wikipedia Introductory Session organized for Data and India portal consultants (by Subhashish Panigrahi, May 30, 2013).

Event Organised

Kannada Wikipedia Workshop (April 29, 2013, Govinda Pai Research Centre, MGM College Udupi). Dr. U.B. Pavanaja led the workshop and gave a talk on Kannada Wikipedia

Event Participated In

Kannada IRC Meet (organised by the Wikipedia Community, May 7, 2013). Dr. U.B. Pavanaja participated in this.

Upcoming Event

Digital Humanities for Indian Higher Education (co-organised in collaboration with HEIRA-CSCS, Tumkur University, CILHE-TISS and CCS (IISc), Indian Institute of Science, Bangalore, July 13, 2013).

Press Coverage

CIS Celebrates 5 Years: A Report in Prajavani (Prajavani, May 23, 2013). Prajavani published a report of Dr. U.B. Pavanja’s talk “From Palm Leaf to Tablet – Journey of Kannada”.
CIS Celebrates 5 Years: A Report in Udayavani (Udayavani, May 25, 2013). Udayavani published a report of the evening programme hosted as part of the Centre for Internet and Society's 5 year celebrations in its Bangalore edition.

Access to Knowledge (Previously IP Reforms)
Blog Entry

On the Unfortunate Rise of the Indian SLAPP Suit (by Ujwala Uppaluri, May 27, 2013).

Openness
Research Papers

Use of Open Access Journals by Indian Researchers (by Subbiah Gunasekharan and Prof. Subbiah Arunachalam, May 27, 2013).
Use made of Open Access Journals by Indian Researchers to Publish their Findings (by Madhan Muthu and Prof. Subbiah Arunachalam, May 28, 2013).

Comments

Draft ICAR Open Access Policy (by Nehaa Chaudhari, May 28, 2013). The comments were submitted to the Indian Council for Agricultural Research.

Event Hosted

RHoK Global Event (Centre for Internet and Society, Bangalore, June 1 – 2, 2013). A report of the event would be published soon.

Internet Governance

The Internet Governance programme conducts research around the various social, technical, and political underpinnings of global and national Internet governance, and includes online privacy, freedom of speech, and Internet governance mechanisms and processes. We began two new projects earlier this year. The first one, with Privacy International, London to facilitate research and events around surveillance, and freedom of speech and expression and the second one with Citizen Lab, Munk School of Global Affairs, University of Toronto on mapping of cyber security actors in South Asia and South East Asia:

Video Interview

An Interview with Christopher Soghoian (May 28, 2013).

Upcoming Event

The Geopolitics of Information Controls: A Presentation by Masashi Crete-Nishihata (TERI, Bangalore, June 19, 2013).

Privacy

Comparative Analysis of DNA Profiling Legislations from Across the World (by Srinivas Atreya, May 23, 2013).

Events Co-organised

3rd Privacy Round Table meeting (co-organised with the Federation of Indian Chambers of Commerce and Industry and the Data Security Council of India, Chennai, May 18, 2013). Maria Xynou participated in this event and gives an overview of the discussions and recommendations.
Consilience – 2013 (co-organised with the Law and Technology Committee of National Law School of India University, Bangalore, May 25, 2013).

Events Participated In

ICT, Law and Innovation: Recent Developments, Challenges and Lessons Learned (organised by Bilgi University, Istanbul, May 2013). Chinmayi Arun was a speaker on the Internet Governance panel at Towards a Global Network of Internet and Society Centres.
India’s Politics of Free Expression (co-sponsored by the Asian Studies Centre, Free Speech Debate, the Oxford India Society and Ideas for India Oxbridge Exchange, May 31, 2013 at Nissan Lecture Theatre, St. Antony’s College, Oxford). Chinmayi Arun was a speaker at the Bapsybanoo Marchioness of Winchester Lectures on 'India's Politics of Free Expression'.

Upcoming Event

Privacy Round Table, Mumbai (Mayfair Banquets, Mumbai, June 15, 2013).

Blog Entry

The Surveillance Industry in India: At Least 76 Companies Aiding Our Watchers! (by Maria Xynou, May 2, 2013).

Media Coverage

Sex on-the-go (by Anand Holla, Mumbai Mirror, May 4, 2013). Pranesh Prakash is quoted.
CIS anniversary (Hindu Business Line, May 5, 2013).
Central Monitoring System to make government privy to phone calls, text messages and social media conversations (by Indu Nandakumar, May 7, 2013). Pranesh Prakash is quoted.
Messaging apps find another foe in India’s market regulator (Quartz, May 8, 2013). Elonnai Hickok is quoted.
India's Rs 400-crore Central Monitoring System to snoop on all communication (Tech 2, May 9, 2013). Pranesh Prakash is quoted.
Is India's government becoming Big Brother? (by Talia Ralph and Jason Overdorf, May 9, 2013). Pranesh Prakash is quoted.
Worldwide Playground (Telegraph, May 15, 2013). Pranesh Prakash is quoted.
NGO invites public to peruse its accounts (by Vandana Kamath, May 18, 2013). Sunil Abraham is quoted.
Online privacy should not come at the cost of security: Sunil Abraham (by Anirban Sen, May 19, 2013). Sunil Abraham is quoted.
A lifetime of five years on the internet (by Subir Ghosh, DNA, May 19, 2013). Sunil Abraham is quoted.
CIS highlights changes ushered in by the Internet (Hindu, May 22, 2013).
Burma to host first Internet freedom forum (by Chan Myae Khine, Asian Correspondent, May 22, 2013).
INET Bangkok to Explore Internet’s Impact on Thailand’s Economy and Society (BusinessWire, May 30, 2013). Sunil Abraham is participating in this conference.
Shooting cyber cafes before they die (by Bangalore Mirror, May 31, 2013). CIS’s film on Cyber Cafes is mentioned in this article.

Knowledge Repository on Internet Access
CIS in partnership with the Ford Foundation is executing a project on Internet Access. It covers the history of the internet, technologies involved, principle and values of internet access, broadband market and universal access and will touch upon various polices and regulations which has an impact on internet access and bodies and mechanism which are responsible for formulation policies related to internet access. The blog posts and modules will be published in a new website: www.internet-institute.in.

Ongoing Event

Institute on Internet and Society (supported by Ford Foundation, Golden Palms Resort, Bangalore, June 8 – 14, 2013). The agenda for the event has been finalised.

The following unit was published recently:

Network Connections and Modes of Access (by Srividya Vaidyanathan, May 30, 2013).

Telecom

CIS is involved in promoting access and accessibility of 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

Configuring a 'Non-Toothless' Regulator (TRAI) (by Shyam Ponappa, Business Standard, May 9, 2013 and Organizing India Blogspot, May 10, 2013).

About CIS

Get short, timely messages from us on Twitter
Join the CIS group on Facebook
Visit us at http://cis-india.org

Request for Collaboration
We invite researchers, practitioners, and theoreticians, both organisationally and as individuals, to collaboratively engage with Internet and society and improve our understanding of this new field. To discuss the research collaborations, write to Sunil Abraham, Executive Director, at sunil@cis-india.org or Nishant Shah, Director – Research, at nishant@cis-india.org

For more details visit https://cis-india.org/about/newsletters/may-2013-bulletin

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

anandi — 2013-11-07T06:14:29Z

The National Resource Kit team is pleased to bring you its research on the state of laws, policies and programmes for persons with disabilities in the state of Odisha.

Executive Summary

Odisha has the highest percentage (2.78%) of persons with disabilities in the country. The state has framed the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Amended Odisha Rules 2012 to implement the provisions under the central Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995. The state has issued two notifications in education, one notification in employment and one notification for health and rehabilitation.

State Profile

Capital: Bhubaneswar
Population: 41,947,358[1]
Population of Persons with disabilities: 10, 50,000 (2.78%)[2]. (Census 2001)
HDI: 0.452 Rank: 27th
Literacy: 73.45%
Department: Women and Child Development Department
Directorate: Directorate for Welfare of Persons with Disabilities

Legal Provisions

The state of Odisha has framed the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Amended Odisha Rules 2012 to implement the provisions under the central Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 (Persons with Disabilities Act).[3] These rules have been issued as an amendment to the previous Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Odisha Rules 2003.

The government of Odisha has formed the Directorate for Welfare of Persons with Disabilities under the Women and Child Development Department to cater to the requirements of persons with disabilities in the state.[4] The government has appointed the Collectors of each district as Deputy Commissioners for Persons with Disabilities for their respective district to assist the State Commissioner for Persons with Disabilities in discharging their functions.[5]

The state in exercise of the powers conferred by sub-section (2) (i) and (2) (h) of Section 13 of the persons with Disabilities Act, appointed the State Commissioner for Persons with Disabilities (SCPD) and Chairperson, Odisha State Commission for Protection of Child Rights as members of the State Co-ordination Committee as constituted in the Department Notification No. 708-WCD, dated the 8th January 2003.[6]

The various provisions by the state of Odisha for the persons with disabilities are listed categorically as under:

Education
The government of Odisha has framed the guidelines for establishment, recognition and grant-in-aid to institutions imparting education to children with disabilities to fulfil the mandates under the Persons with Disabilities Act, National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act 1998 and the Right of Education Act, 2009. [7]

Odisha offers an integrated scholarship scheme for students with disabilities titled ‘Banishree – A Scholarship for Students with Special Needs’.[8] The scheme is open to students to continue their education from Class I to university education. Students from middle school and upwards (Class V and upwards) are eligible to apply under this scheme only if they do not receive any scholarship from the Government of India. Students from special schools registered under the Persons with Disabilities Act are eligible to apply provided that they are not in receipt of any grant-in-aid from the central or state government. Students with disabilities pursuing distance education through recognised universities and government organisation, or those pursuing professional, technical or professional courses in any of the recognised institutes are eligible to apply.

Applicants must fulfill the following eligibility criteria:
Should be bonafide resident of Odisha
Should be a regular student of the educational institution
Total income of the applicant’s family should not be more than Rs. 60,000 per annum.
Should not be in receipt of any assistance, stipend or scholarship from the central or state governments under any other scheme.
Should enrol and regularly attend any institution irrespective of whether the applicant has passed the examination or not in a particular year.

The rates of the scholarship offered under the scheme are given as below:

Within the state:

Class I – Class V: Rs. 100 per month
Class VI – Class XI: Rs. 140 per month
Class +2 and Class +3: Rs. 160 per month
University – Post Graduation: Rs. 190 per month
Technical and Vocational: Rs. 190 per month

Outside the state:

Students prosecuting normal course of study or technical/ vocational / professional education/training not available in the State and not covered by Govt. of India Scholarship are given a scholarship of Rs. 250 per month.

Reader allowance for students with visual impairment:

Primary school: Rs. 100 per month
Middle and High School: Rs. 150 per month
Other studies: Rs. 200 per month

Students with orthopaedic disabilities who have 75 per cent or more disability are eligible for a special transport allowance of Rs. 100 per month.

Employment

The government has made provisions to extend the benefits of the Odisha Revised Pay Rule 2008 to the teaching staff of the special schools for persons with disabilities.[9]

Health & Rehabilitation

The District Rehabilitation Centre (DRC) Bhubaneswar has been renamed as the State Institute of Disability Rehabilitation Bhubaneswar and will function as the nodal centre for disability rehabilitation in the state and will be under the control of the Directorate for Welfare of Persons with Disabilities.[10]

[1]. http://en.wikipedia.org/wiki/Odisha

[2]. http://www.orissadiary.com/CurrentNews.asp?id=39515

[3]. Women & Child Development Department, No. 1814 Cuttack Saturday September 22 2012/ Bhadra 31 1934, S.R.O No. 518/2012 Dated: 22 June 2012

[4]. Women & Child Development Department, No. 1881 Cuttack Friday, September 28th 2012/ Aswina 6 1934, No. 16140-DW-II-68/2012-WCD Dated: 15th September 2012

[5]. Women & Child Development Department, No. 1588 Cuttack Wednesday July 13 2011/ Asadha 22 1933, S.R.O. No. 537/ 2011 Dated: 30th June 2011

[6]. Women & Child Development Department, No. 982 Cuttack Thursday May17th 2012/ Baisakha 27 1934, No. 7871-DW-II-E-90/2010-WCD Dated: 4th May 2012

[7]. Women & Child Development Department, No. 112 Cuttack Monday, January 14th 20 13/ Pausa 24D 1934, No. 532/2013-WCD

[8]. Women & Child Development Department, No. 1426 Cuttack Friday July 25 2008/ Sravana 3 1930, No. 15776-HW-2-23/2008-WCD

[9]. Women & Child Development Department, No. 2189 Cuttack, Friday September 23 2011/ Aswina 1 1933 No. 15084-DW-I-(A)-40/2011-WCD

[10]. Women & Child Development Department, No. 1290 Cuttack Thursday June 2 2011/ Jaistha 12 1933, No. 10080-DW-H-E-412011-WCD

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

Survey on Banking Accessibility

Vrinda Maheshwari — 2013-06-06T06:12:04Z

The Global Initiative for Inclusive ICTs (G3ict) is launching a survey on the accessibility of financial services in banks for persons with disabilities around the world. The survey is looking at the kind of accommodations being made by different banks and assessing best practices for accessibility to financial services for persons with disabilities.

The object of the survey is to design options for banks to increase their customer base by enabling them to cater to a larger group than is currently able to access services or better serve their communities from a Corporate Social Responsibility standpoint. If you or anyone you know works in the banking sector, please do fill out the survey to help us capture the current accessibility standards in banks and financial institutions. The survey is available here.

For more details visit https://cis-india.org/accessibility/blog/survey-on-banking-accessibility

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

Manojna Yeluri — 2013-11-07T06:14:43Z

The National Resource Kit team is pleased to bring you its research on the state of laws, policies and programmes for persons with disabilities in the state of Sikkim.

Executive Summary

According to the 2001 Census, nearly 20,367 persons or 3% of the State population are identified as persons living with disabilities. The responsibility of ensuring the welfare of these persons with disabilities primarily rests with the Social Welfare Division of the Social Justice, Empowerment and Welfare Department of the Government of Sikkim. This Government department implements various policies, programmes and schemes aimed at the welfare and empowerment of persons living with disabilities.

Screening camps and medical camps emphasising the medical welfare of persons with disabilities are periodically arranged by the Government of Sikkim in conjunction with the STNM Government Hospital. Vide Notification No. 02/HC, HS&FW dated 30.01.09 by the Department of Healthcare, Human Services and Family Welfare, disability screening camps are to be arranged on specific dates of the month by the District Medical Board members in the respective District Hospitals accompanied by officers of the Sikkim Department of Social Justice, Empowerment and Welfare and the staff of various Deendayal District Rehabilitation Centres.[1]

The Government of Sikkim has also introduced other measures such as the establishment of special schools for children with disabilities. The Social Welfare Department of Sikkim has established a Special School for Hearing impaired children in June 2004 at Sitchey Busty, Gangtok. The school is residential in nature, providing accommodation, education and other facilities towards ensuring the general welfare for children suffering from hearing impairments.[2]

Furthermore, the Sikkim Government attempts to spread its reach by collaborating with several non- governmental organisations or NGOs in the state. The Government of Sikkim provides certain NGOs with financial assistance, subject to the fulfilment of certain conditions. As a result, NGOs have been able to provide better treatment and rehabilitation facilities to persons suffering from disabilities and living in the State of Sikkim.[3]

Accessibility
The only measures introduced in Sikkim on accessibility is concessions in transport. Free travel facility to the blind is provided in state owned buses.

Apart from the the State’s IT Policy issued by the Department of Information Technology states that it will develop special software for providing IT access to persons with visual impairment, cerebral palsy, speech and hearing disorders in association with NGOs and local enterpreuners. It is not clear if such software has already been developed by the State.

Education
The State of Sikkim provides special measures to children with disabilities in the pursuit of their education.

Stipends and Scholarship Schemes

A stipend of Rs. 500/- per month per child, and Rs.500 per annum towards their studies in special schools outside of the state are provided for by the Department of Social Justice, Empowerment and Welfare.
The Government also provides a scholarship amount of Rs. 50 per month to every child studying in Class I to VI, Rs. 60 per month to every child in Class VII and Class VIII, and finally Rs.85 per month for every student in Class IX to XII.
A scholarship amount of Rs. 800 per month is provided to students desirous of pursuing their higher education in institutions established outside of Sikkim, and Rs. 2000 for all those students wishing to pursue their higher education in institutions in the State of Sikkim.[4]

Special Schools
The Social Welfare Division has established a Special School for the Hearing impaired children in June 2004 at Sitchey Busty, Gangtok. It is a residential School where accommodation, education and general welfare for the hearing impaired children are provided.

Employment

Reservation in Government Jobs: By Office Order No. 5/SW dated 31.12.1990, in Grade 'C' and 'D' posts reservation are provided in direct recruitment for physically handicapped persons as indicated below:

Visually handicapped - 1%
Orthopaedically handicapped – 1%
Hearing handicapped - 1%

Conveyance Allowance: Government and PSU employees who are blind and locomotor disabled are provided conveyance allowance.
Self-Employment: Persons with disabilities receive assistance for self-employment.
Vocational Training: Vocational training is given to persons with disabilities in sheltered workshops.

Health and Rehabilitation

Aids and appliances: Persons with disabilities get free of cost prosthetic equipment.
Assistance to Disabled Persons for Purchase/Fitting of Aids and Appliances (ADIP) Scheme: As per the implementation of this Central Scheme, the Government of Sikkim provides assistance to those persons with disabilities who are in need of durable, sophisticated and scientifically manufactured, modern, standard aids and appliances. The purpose of this scheme is to ensure the promotion of the physical, social and psychological rehabilitation of persons with disabilities by reducing the effects of disabilities and to thereby enhance their economic potential. Aids and appliances that are provided include walking sticks, crutches, and wheel chairs. These appliances have been distributed to those persons with disabilities belonging to families living Below the Poverty Line (BPL).
Deendayal District Rehabilitation Scheme: Under this scheme, the Government of Sikkim has established a district disability rehabilitation centre in at STNM Hospital complex Gangtok in 2000. This DDRC has been working towards the rehabilitation of persons living with disabilities in Sikkim. In an effort to further facilitate the proper rehabilitation of persons with disabilities, the Government of Sikkim has made available the facilities of a Mobile Disability Van and a Mobile Rehabilitation Unit Van. In the Fiscal Year of 2009-10, 526 aids and appliances were distributed from the Deendayal District Rehabilitation Centre and 9 disability camps were conducted with two camps having been held in the Western district of the State, three in the South and East and one in the North.

Social Protection

Disability Pension: Persons with disability above 40 years of age are provided disability pension of Rs. 100/- per month. Blind persons also get Rs. 100/- per month.
Indira Gandhi National Disability Pension Scheme: The State of Sikkim provides social protection to persons with disabilities by way of local implementation of the Indira Gandhi National Disability Pension Scheme. The purpose of the scheme is to provide persons with disabilities in the age group of 18 to 64 years, who are members of families living below the poverty line, with a certain sum of money in order to provide for their welfare. The beneficiaries under this scheme include all those persons suffering from severe or multiple disabilities as defined under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995and the ‘National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (National Trust Act 1999)’. In total, beneficiaries under this scheme receive an amount of Rs. 600/- per month.
Subsistence Allowance: Under the auspices of the Department of Social Justice, Empowerment and Welfare, the Sikkim Government provides a subsistence allowance amounting to Rs. 600 per month to persons with disabilities living in the state. In order to avail of the benefits under this scheme, beneficiaries must show that they are suffering from atleast 40% disability and that they should be a resident of the state of Sikkim. Furthermore, the beneficiary must hail from a family identified as a BPL or below the poverty line family.

[1]. http://sikkimsocialwelfare.in/General/SocialWelfare/Camps.aspx

[2]. http://sikkimsocialwelfare.in/General/SocialWelfare/SchoolForDeaf.aspx

[3]. http://sikkimsocialwelfare.in/General/SocialWelfare/AsstToVolOrg.aspx

[4]. http://sikkimsocialwelfare.in/General/SocialWelfare/WelfareForHandicapped.aspx

[5]. http://sikkimsocialwelfare.in/General/SocialWelfare/IGNDS.aspx

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

A lifetime of five years on the internet

praskrishna — 2013-05-20T09:04:28Z

Centre for Internet and Society observes its fifth anniversary on Sunday.

The article by Subir Ghosh was published in DNA on May 19, 2013. Sunil Abraham is quoted in this.

Five years is a long time in the internet space. The past five years, certainly, has been. And so has it been for the Centre for Internet and Society that completes five years here.

When a group of citizens got together to come under a platform called CIS five years ago, they had wanted to work on policy issues about the internet that had a bearing on society. They, in fact, still do; except that the new media space itself has undergone a metamorphosis. Five years ago social media was just starting off, few people had smart phones, and online speech was not a burning issue.

Sunil Abraham, executive director of city-based CIS, affirms this, and goes on to assert: “Five years ago, privacy was not a mainstream concern. Today, many different actors and stakeholders are interested in the configuration of the draft Privacy Bill. We first warned the public about the draconian measures in the IT Act during the 2008 amendment. Four years later, many more people are familiar with problematic sections and are adopting various strategies to amend the Act and it’s associated rules.”

Likewise, five years ago, people dismissed “shared spectrum” as a pipe dream; today “shared spectrum” is mentioned in the National Telecom Policy. CIS usually thinks ahead, and works on a range of issues.

“For internet adoption in India to grow dramatically from the dismal statistics today, we need to ensure continued access to cheap devices and affordable and ubiquitous broadband,” says Abraham.

“With Ericsson suing Micromax for Rs100 crore, the mobile wars have come to India. If we have to protect innovation in sub-100 dollar devices, we need to configure our patent and copyright policy carefully.”

But since CIS works primarily on policy issues, shouldn’t it have been based in Delhi rather than in Bangalore? “We do have a small office in Delhi. But we are headquartered in Bangalore because we need to keep learning from technologists and the technical community,” explains Abraham.

When an organisation calling itself the Centre for Internet and Society (www.cis-india.org) observes its fifth anniversary, it shouldn’t surprise anyone that many of the activities related to the anniversary celebrations (May 20-23) have precious little to do with the internet, and is more about society itself. And yes, an entire evening is devoted to Kannada. There’s a talk by Chandrashekhara Kambara on ‘Kannada in the modern era,’ and another by UB Pavanaja titled ‘From Palm Leaf to Tablet – Journey of Kannada’.

“We are looking at the complete eco-system. For instance, during the digitalisation of TV in India, what will happen to the internet? Do TV promoting policies undermine the growth of broadband? On the second day we look at the connection between another older technology - cinema and the Internet.”

For more details visit https://cis-india.org/news/dna-india-may-19-2013-subir-ghosh-a-lifetime-of-five-years-on-the-internet

Global Accessibility Awareness Day (GAAD 2013) - CIS panel

maria — 2021-09-27T08:34:34Z

Interested in understanding the importance of accessibility and how technology can become more accessible by persons with disabilities? Read this post on the Global Accessibility Awareness Day (GAAD)!

Last week, the Centre for Internet and Society (CIS) held a panel on the Global Accessibility Awareness Day which entailed a three hour discussion on how technology can become more accessible by persons with disabilities. GAAD is a community-driven effort with an aim to raise the profile of digital accessibility and people with different disabilities. The target audience of the panel was the design, development, usability and related communities who build, shape, fund and influence technology and its use. This event consisted of presentations by Accessibility professionals in the industry, as well as of hands on demonstrations of how people with disabilities can use technology.

Vivek Gaikwad started his presentation by defining the term “accessibility” as easy access and by pointing out that the World Health Organization considers “disability” an umbrella term covering impairment, activity limitation and participation restriction, which would not only entail the deaf and blind, but even pregnant women. Assistive technology was defined as a device, a technology or a process used by individuals with disabilities to perform functions which might otherwise have been impossible. Gaikwad emphasized that accessibility is an extremely significant issue in terms of legal compliance and would also help create new markets by including people with disabilities.

Section 508 of the U.S. Workforce Rehabilitation Act 1973 was pointed out by Gaikwad, as well as the Web Content Accessibility Guidelines (WCAG) - developed by the Web Accessibility Initiative- which provide an internationally recognized benchmark for accessibility of web content. Gaikwad argued that India should comply with such guidelines and that the best practices to adopt could be the following:

● Provide an appropriate alternative text for all images

● Provide meaningful and hierarchical heading structure

● Provide accessible colours

● Ensure that the application is usable by both the keyboard and the mouse

● Ensure that the focus caret is shown on the active control on the screen

● Ensure that the link purpose is clear

● Specify language of the page

● Understand ECAG 2.0/Section 508 thoroughly

● Educate teams/peers

● Create your own best practices and share them

● Learn how to use a screen reader/other testing tools

● Think in different ways to satisfy a guideline

Lavanya Lakshman started her presentation by introducing the the different types of disabilities and by emphasizing the significance of accessibility. In particular, Lakshman argued that accessibility is important not only because it is the right thing to do, but also because it is the law, it offers benefits for all users, it enhances innovative technology and it creates new market opportunities. Lakshman referred to the various assistive technologies used by persons with disabilities, such as screen readers, to use the computer. It was emphasized that SME testing is important because experts understand how the underlying technologies interact and that end-user testing is also crucial because they are the real experts in their own abilities and their own assistive technology. Accessibility can be tested through automated tools and manual testing and SME testing can be conducted through screening, tool based inspection and evaluation, and code inspection. Laksham highly emphasized that most assistive technologies for people with motor disabilities either work through the keyboard or emulate the functionality of the keyboard, which is why assistive technologies - such as an over sized trackball, an eye-tracker and a head-wand, were recommended.

Srividya Vaidyanathan argued that audio visual media accessibility is needed by everyone and that it should not only be restricted to persons with disabilities. Intelligence picture and sound, accessible players and access services are needed and as there is not much of TV and radio accessibility in India, this field should be further developed. Vaidyanathan also referred to the various types of access services, such as captions (closed and open), sign language and audio description.

Anusuya Das focused her presentation on the print disabled, which are persons who cannot read standard print because of visual impairment, cognitive disabilities (such as dyslexia, autism, ADHD and others), or physical disabilities that limit one´s ability to hold a book. In particular, she argued that braille books include print alternatives and that time and format are critical factors while creating accessible materials. Structure, navigation and simplicity are central concepts of accessible content and it should comply with the Digitial Accessibility Information System (DAISY) standards, which are international standards for accessible content. Das referred to the various advanced accessibility features, such as bookmarking, and emphasized that combined text and audio can increase learning effectiveness by nearly 50%. E-Pub is the mainstream standard, but the United Nations have recommended the DAISY standards. My Studio PC, Obi, Microsoft save as DAISY, Sigtuna DAR 3, Tobi and Dolphin Producer include authoring and production tools.

Das also referred to the various types of DAISY books which may include a full audio and navigation centre, text and no audio or text with audio. Das emphasized upon the need to create accessible word documents, as well as to give alternate text for images and to edit hyperlinks. Principles for regional languages were mentioned, along with the need to convert texts to other formats, such as converting word to HTML. Das also argued that accessible powerpoint files should be created, which would ensure that files have correctly-structured headings among other features. PlexTalk Portable Recorder includes a hardware option for people with disabilities, while Symbian Nokia phones include mobile phone options and other software options are included in the DAISY Book Players.

Rama Chari, the final panelist, referred to the various types of disabilities, as well as to the built needs of people with disabilities. She emphasized that easy navigation in a website is extremely important and that the architecture should be simplified. It was further argued that India should comply with the international standards for information accessibility and that some of the best practices need to be adopted to create new standards. However, such practices vary from state to state in India (e.g. the fire safety standards) which is problematic. Nonetheless, Chari mentioned an organization in Delhi called “Accessibility”, which has very useful guidelines; these include standards for ramps, staircases and washrooms, and it is significant to evaluate the challenges that people with different disabilities face in order to improve such standards.

A discussion on the various tools to increase accessibility followed the presentations of the five panelists, as well as a hands on demonstration by Vivek Gaikwad of how to use more accessible mobile phones. The outcome of the GAAD panel was that in the current Digital Age, persons with disabilities should not be marginalised, but should be included in the social, political and economic structures of the contemporary digitised world. The tools discussed throughout the panel could potentially provide a decisive step in ensuring that persons with disabilities have equal access to technology. As technology today is the gateway to the contemporary world, accessibility is a fundamental human right and persons with disabilities should not be excluded. Through the thorough examination of the various needs of persons with disabilities and the subsequent enactment of adequate laws, standards and guidelines, India should enhance accessibility to technology if it wants to be the democracy it claims to be.

Presentation File

Srividya's Presentation

For more details visit https://cis-india.org/accessibility/blog/global-accessibility-awareness-day-event

Centre for Internet and Society

Jammu & Kashmir (Govt) Notifications

Goa (Govt) Notifications

Contents

An Interview of Vera Franz

Video

June 2013 Bulletin

Access to Knowledge and Openness

Access to Knowledge (Previously IP Reforms)

Access to Knowledge (Wikipedia)

Openness

Request for Collaboration

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

Executive Summary

Legal Provisions

Accessibility

Education

Employment

Health and Rehabilitation

Social Protection

Central Schemes

A Treat for the Blind

Primer on the Treaty for the Visually Impaired

A Primer on the provisions of the TVI and ongoing negotiations

1. Exceptions in Domestic Copyright Law

2. Cross-border Transfer of Accessible Works

3. Digital locks

4. Translation

Girls in ICT Day 2013 — Nirmita Narasimhan Felicitated

India- EU FTA: A Note on the Copyright Issues

Introduction

Dismantling the Arguments In Favour of Increased IP Protection

Implications of the Copyright Provisions in the Proposed Indo- EU FTA

Problematic Provisions

International Obligations

Technical Protection Measures (TPMs) and Digital Rights Management (DRM)

Copyright Expansion

Persons with Disabilities

Cross Border Measures

Intermediary Liability

IP Enforcement

Concluding Observations

May 2013 Bulletin

Access to Knowledge and Openness

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

Executive Summary

State Profile

Legal Provisions

Employment

Health & Rehabilitation

Survey on Banking Accessibility

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

Executive Summary

A lifetime of five years on the internet

Global Accessibility Awareness Day (GAAD 2013) - CIS panel

Presentation File