Centre for Internet and Society

CIS-TWN Analysis of WIPO Treaty for the Print Disabled (SCCR/22/15)

pranesh — 2011-10-12T08:29:01Z

CIS and the Third World Network (TWN) conducted a quick analysis of the "Consensus document on an international instrument on limitations and exceptions for persons with print disabilities presented by Argentina, Australia, Brazil, Chile, Ecuador, Mexico, Paraguay, and the United States of America" presented as WIPO document numbered SCCR/22/15.

SCCR/22/15

ORIGINAL: English

DATE: June 20, 2011

Standing Committee on Copyright and Related Rights

Twenty-Second Session Geneva, June 15 to 24, 2011

Consensus document on an international instrument on limitations and exceptions for persons with print disabilities presented by Argentina, Australia, Brazil, Chile, Ecuador, Mexico, Paraguay, and the United States of America

PREAMBLE

Recalling the principles of non-discrimination, equal opportunity and access, proclaimed in the United Nations Convention on the Rights of Persons with Disabilities,

Mindful of the obstacles that are prejudicial to human development and the fulfillment of disabled persons with regard to education, research, access to information and communication,

Emphasizing the importance of copyright protection as an incentive for literary and artistic creation and enhancing opportunities for everyone to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits,

Recognizing the importance of both accessibility to the achievement of equal opportunities in all spheres of society and of the protection of the rights of authors in their literary and artistic works in a manner as effective and uniform as possible,

Aware of the many barriers to access to information and communication experienced by persons who are blind or have limited vision, or have other disabilities regarding access to published works,

Aware that the majority of visually impaired persons/persons with a print disability live in countries of low or moderate incomes,

Desiring to provide full and equal access to information, culture and communication for the visually impaired persons/persons with a print disability and, towards that end, considering the need both to expand the number of works in accessible formats and to improve access to those works,

Recognizing the opportunities and challenges for the visually impaired/persons with a print disability presented by the development of new information and communication technologies, including technological publishing and communication platforms that are transnational in nature,

Recognizing the need to seek, receive and impart information and ideas through any media and regardless of frontiers,

Aware that national copyright legislation is territorial in nature, and where activity is undertaken across jurisdictions, uncertainty regarding the legality of activity undermines the development and use of new technologies and services that can potentially improve the lives of the visually impaired/persons with print disabilities,

Recognizing the large number of Members who, to that end, have established exceptions and limitations in their national copyright laws for visually impaired persons/persons with a print disability, yet the continuing shortage of works in ~~special~~accessible formats for such persons,

Recognizing that the preference is for works to be made accessible by rightholders to people with disabilities at publication and that, to the extent that the market is unable to provide appropriate access to works for visually impaired persons/persons with a print disability, it is recognized that alternative measures are needed to improve such access,

Recognizing the need to maintain a balance between the rights of authors and the larger public interest, particularly education, research and access to information, and that such a balance must facilitate effective and timely access to works for the benefit of visually impaired persons/persons with a print disability,

Emphasizing the importance and flexibility of the three-step test for limitations and exceptions established in Article 9(2) of the Berne Convention and other international instruments,

Considering the discussions within the WIPO Standing Committee on Copyright and Related Rights on the issue of exceptions and limitations for the benefit of visually impaired persons/persons with a print disability and the various proposals tabled by Member States,

Prompted by a desire to contribute to the implementation of the relevant recommendations of the Development Agenda of the World Intellectual Property Organization,

Taking into account the importance of an international legal instrument/joint recommendation/treaty both to increase the number and range of accessible format works available to visually impaired persons/persons with a print disability in the world and to provide the necessary minimum flexibilities in copyright laws that are needed to ensure full and equal access to information and communication for persons who are visually impaired/have a print disability in order to support their full and effective participation in society on an equal basis with others and to ensure the opportunity to develop and utilize their creative, artistic and intellectual potential, for their own benefit and for the enrichment of society,

Have agreed as follows:

ARTICLE A

DEFINITIONS

For purposes of these provisions

"work" means a work in which copyright subsists, whether published or otherwise made publicly available in any media.

"accessible format copy" means a copy of a work in an alternative manner or form which gives a beneficiary person access to the work, including to permit the person to have access as feasibly and comfortably as a person without a print disability. The accessible format copy must respect the integrity of the original work and be used exclusively by beneficiary persons~~persons with print disabilities~~.¹

[Possible enumeration of different formats.]²

"authorized entity" means a governmental agency, a non-profit entity or an~~non-profit~~ organization³ that has as one of its ~~primary missions~~activities to assist persons with print disabilities by providing them with services relating to education, training, adaptive reading, or information access.

An authorized entity maintains policies and procedures to establish the bona fide nature of persons with print disabilities that they serve.

An authorized entity has the trust of both persons with print disabilities and copyright rights holders. It is understood that to obtain the trust of rightholders and beneficiary persons, it is not necessary to require the prior permission of said rightholders or beneficiary persons.⁴

~~If an authorized entity is a nation-wide network of organizations, then all organizations, institutions, and entities that participate in the network must adhere to these characteristics.~~

"reasonable price for developed countries" means that the accessible format copy of the work is available at a similar or lower price than the price of the work available to persons without print disabilities in that market.

"reasonable price for developing countries" means that the accessible format copy of the work is available at prices that are affordable in that market, taking into account the humanitarian needs of persons with print disabilities.

References to 'copyright' include copyright and any relevant rights related to copyright that are provided by a Contracting Party in compliance with ~~the Rome Convention, the TRIPS Agreement, the WPPT or otherwise~~any applicable international treaties or otherwise.⁵

ARTICLE B

BENEFICIARY PERSONS

A beneficiary person is a person who

is blind;
has a visual impairment or a perceptual or reading disability, such as dyslexia, which cannot be improved by the use of corrective lenses to give visual function substantially equivalent to that of a person who has no such impairment or disability and so is unable to read printed works to substantially the same degree as a person without an impairment or disability; or
is unable, through physical disability, to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading.

ARTICLE C

NATIONAL LAW EXCEPTIONS ON ACCESSIBLE FORMAT COPIES

Member State/Contracting Party should/shall provide in their national copyright law for an exception or limitation to the right of reproduction, the right of distribution and the right of making available to the public, as defined in article 8 of the WCT, for beneficiary persons as defined herein.
A Member State/Contracting Party may fulfill Article C (1) by providing an exception or limitation in its national copyright law such that
1. Authorized entities shall be permitted without the authorization of the owner of copyright to make an accessible format copy of a work, supply that accessible format copy or an accessible format copy obtained from another authorized entity to a beneficiary person by any means, including by non-commercial lending or by electronic communication by wire or wireless means, and undertake any intermediate steps to achieve these objectives, when all of the following conditions are met:
  1. the authorized entity wishing to undertake said activity has lawful access to that work or a copy of that work;
  2. the work is converted to an accessible format copy, which may include any means needed to navigate information in the accessible format, but does not introduce changes other than those needed to make the work accessible to the beneficiary person;
  3. copies of the work in the accessible format are supplied exclusively to be used by beneficiary persons; and
  4. ~~4. the activity is undertaken on a non-profit basis.~~ ⁶
  5. A beneficiary person or someone acting on his or her behalf may make an accessible format copy of a work for the personal use of the beneficiary person where the beneficiary person has lawful access to that work or a copy of that work.
2. A Member State/Contracting Party may fulfill Article C (1) by providing any other exception or limitation in its national copyright law that is limited to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder.
3. The Member State/Contracting Party may limit said exceptions or limitations to published works which, in the applicable ~~special~~accessible format, cannot be otherwise obtained within a reasonable time and at a reasonable price.
4. It shall be a matter for national law to determine whether exceptions or limitations referred to in this Article are subject to remuneration.
ARTICLE D

CROSS-BORDER EXCHANGE OF ACCESSIBLE FORMAT COPIES
1. Member States/Contracting Parties should/shall provide that if an accessible format copy of a work is made under an exception or limitation or export license in their national law, that accessible format copy may be distributed or made available to a beneficiary person in another Member State/Contracting Party by an authorized entity ~~where that other Member State/Contracting Party would permit that beneficiary person to make or import that accessible copy~~.⁷
2. A Member State/Contracting Party may fulfill Article D(1) by providing an exception or limitation in its national copyright law such that:
  1. Authorized entities shall be permitted without the authorization of the owner of copyright to distribute or make available accessible format copies to authorized entities in other Member States/Contracting Parties for the exclusive use of persons with print disabilities, where such activity is undertaken on a non-profit basis.⁸
  2. Authorized entities shall be permitted without the authorization of the owner of copyright to distribute or make available accessible format copies to persons with print disabilities in other Member States/Contracting Parties where the authorized entity has verified the individual is properly entitled to receive such accessible format copies under that other Member State/Contracting Party's national law.⁹
The Member State/Contracting Party may limit said distribution or making available to published works which, in the applicable ~~special~~accessible format, cannot be otherwise obtained within a reasonable time and at a reasonable price, in the country of importation.
1. Without prejudice to other exceptions to the exclusive rights of authors that are otherwise permitted by the Berne Convention or the TRIPS Agreement, a Member State/Contracting Party may fulfill Article D(1) by providing any other exception or limitation in its national copyright law that is limited to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder.
ARTICLE E

IMPORTATION OF ACCESSIBLE FORMAT COPIES

To the extent that national law would permit a beneficiary person or an authorized entity acting on the beneficiary person’s behalf to make an accessible format copy of a work, the national law should/shall permit a beneficiary person or an authorized entity acting on that person's behalf to import an accessible format copy.¹⁰

ARTICLE F

CIRCUMVENTION OF TECHNOLOGICAL PROTECTION MEASURES

Member States/Contracting Parties should/shall ensure that beneficiaries of the exception provided by Article C have the means to enjoy the exception where technological protection measures have been applied to a work.

In the absence of voluntary measures by rightholders and to the extent that copies of the work in the accessible format are not available commercially at a reasonable price or via authorized entities, Member States/Contracting Parties should/shall take appropriate measures to ensure that beneficiaries of the exception provided by Article C have the means of benefiting from that exception when technical protection measures have been applied to a work, to the extent necessary to benefit from that exception.¹¹

~~ARTICLE G~~

~~RELATIONSHIP WITH CONTRACTS~~

~~Nothing herein shall prevent Member States/Contracting Parties from addressing the relationship of contract law and statutory exceptions and limitations for beneficiary persons.~~

ARTICLE H

RESPECT FOR PRIVACY

In the implementation of these exceptions and limitations, Member States/Contracting Parties should/shall endeavour to protect the privacy of beneficiary persons on an equal basis with others.

[End of document]
1. This change must be replicated everywhere where appropriate. ↩
2. Formats should not be enumerated, since even the disabilities are not enumerated. ↩
3. Non-profit organizations alone cannot cope with the needs of visually impaired people in the developing world. Thus, while it may sound like the ideal, it is impractical given the realities of the situation in the developing world. ↩
4. A "trust" system would make it impossible for developing countries to actualize these provisions. If despite this, copyright infringement happens, then national remedies exist for such infringement. ↩
5. To clarify: what is the purpose of these and not mentioning WCT, Berne, etc.? ↩
6. To be deleted for the same reasons as above. Non-profit basis, if insisted upon, can be retained in Article D(2)(A), but not here. ↩
7. Import law provisions are already there in Article E, and should remain there. In Art. E, it states, “shall permit” import, and here, “would permit”. ↩
8. This instance of "non-profit basis" may be retained if necessary. ↩
9. To clarify: what would such verification require? Would self-certification suffice? ↩
10. It should be clarified, possibly through an agreed statement, that nothing in this article shall derogate from the flexibility provided in Art. 6 of the TRIPS Agreement, which allows for countries to provide international exhaustion.
  
  Thus, if the principle of international exhaustion is in place (i.e., parallel importation is allowed), then importation can be carried out by anyone, and not just by a beneficiary person or an authorized entity. ↩
11. This second paragraph weakens the principle established in the first by adding more conditions. They are almost phrased as alternatives, and the first alternative (paragraph) is the better one. ↩

For more details visit https://cis-india.org/a2k/blogs/cis-analysis-july2011-treaty-print-disabilities

Calling Out the BSA on Its BS

pranesh — 2011-09-14T18:16:51Z

The Business Software Alliance (BSA) is trying to pull wool over government officials' eyes by equating software piracy with tax losses. Pranesh Prakash points out how that argument lacks cogency, and that tax losses would be better averted if BSA's constituent companies just decided to pay full taxes in India.

In the past we have covered the Business Software Alliance's lack of rigour in their piracy statistics, and disconnect from their constituent members when it comes to opposing free and open source software. In reaction to the criticism they have received over the years, BSA has finally stopped equating lack of sales with losses. But now, they have started equating software piracy with tax losses.

How IDC thinks tax works

In a report prepared by International Data Corporation (IDC) for the Business Software Alliance (BSA), they note:

Substantial value in form of potential industry and tax revenues is lost to software piracy: The situation in India is not healthy with a software piracy rate of 65% in 2009 (more than six out of ten PC software programs installed in 2009 were not paid for). Only one-third of the overall PC software revenues are captured by the industry incumbents and the rest are lost to software piracy. Most of the unlicensed software use occurs in otherwise legal businesses installing the programs on more PCs than allowed by the licenses they have paid for. Consequently, in 2009, the state exchequer tax receipts loss was roughly US$866 million at the current piracy and employment levels, as the industry lost its otherwise legitimate share of revenues to piracy.

For this to be true, there must be two assumptions that are satisfied. First, those who are pirating software must not spend the money that they save by doing so on any other taxable activity. Second, the companies that would get the money if the software weren't pirated must pay the Indian government taxes. As we'll see, neither of these two assumptions are warranted.

The BSA-IDC report reasons as follows: Pirates don't pay taxes on the illegal software that they sell, so that is tax evasion and consequently a tax loss. It states:

Higher demand for legal software will result in higher flow of license volume through the supply chain, resulting in increase in volume of business transactions. Each transaction adds a certain percentage of the deal or value added to the state exchequer's coffers in the form of indirect tax revenue[...] Increase in demand will also result in increased employment. Consequently, revenues from direct taxes will be increased for the government, as employees join newly created high-paying jobs.

How tax actually works

That reasoning is flawed. The majority of software piracy in India happens through two methods: violation of software licence terms by using the software on more computers than it is licensed for; and pre-loading of illegal software by computer sellers. Those 'computer seller' pirates do not sell the software separately, but bundle it with the computer as an additional service. In other words, they don't charge for it in the first place. So, quite clearly, there is no tax evasion.

Despite there being no tax evasion, there is the possibility of tax loss for the state. That would happen when instead of doing taxable activity A with with their money, they do non-taxable activity B. Putting money in special government bonds instead of spending it on software, for instance, is one such instance. However, that is a strange, unwarranted assumption. People don't always put the money that they don't spend on software into government bonds. It is a much more reasonable assumption that people would spend that money on other consumables, like food or other such tangible commodities.

Lastly, there is the unwarranted assumption that increase in demand for legal software increases employment. In fact, it is a much more reasonable assumption that increase in piracy increases employment in case of developing countries. Printing ("DTP") shops use pirated versions of Photoshop, CorelDraw and InDesign, computer education centres use pirated versions of Microsoft Windows, offices use pirated versions of Microsoft Word and Excel. If these didn't teach their employees the use of pirated software, millions of people would lose their jobs. All of these employees pay direct taxes. There is no analysis in the BSA-IDC report that accounts for this, treating all these millions of people as non-existent for purposes of their analysis.

Increasing tax: Make MNC software companies pay full taxes

Thus, there is no real tax loss to the government if the money that would have been spent on commercial software was instead spent on some other commodity. Indeed, there might even be an increase in tax collection because software companies, including leading ones such as Microsoft, are much more likely to avoid taxes than companies that deal in tangible commodities. There are well-known routes of decreasing tax liability for intangible goods such as software. Software companies normally state that they license software instead of selling it (as this suits them on issues such as customs duties), but when it comes to income tax, they try to paint the transaction as a sale of a product. (Microsoft, for instance claims that its earnings in India are 'business income' and not 'royalties' and hence is exempt under the Double Taxation Avoidance Agreement between India and the USA.) A company that deals with tangible commodities has no such 'licensing vs. sale' loop-hole that they can try to exploit. Further, many software companies are located in special economic zones that are "software exporting zones", and hence get large tax deductions.

In India, for instance, Microsoft is resisting payment of income tax for by routing all licensing to distributors in India through a shell company in Singapore and holding that Microsoft India had no income tax liabilities. Microsoft has been fined Rs. 2 crore because it tried to separate the importing of software into India from the (more valuable) granting of licences to customers and pay only nominal customs duties on the former and under-declaring the value of the latter as zero. From nine Microsoft dealers a total of Rs 255 crore was collected as tax. Of the roughly Rs. 4000 crores loss that the BSA-IDC report claims, around 6% is realizable from just a single tax (customs duties) from 9 companies dealing in the products of one company. If we multiply this by all taxes (income tax included) amongst all the dealers of all the constituent companies of BSA, then the Indian government might recover more from taxes than is supposedly lost to piracy!

Elsewhere around the globe, the 'Double Irish' arrangement, the 'Dutch Sandwich' route and other such are used by MNC software companies to evade taxes. Just as there are tax havens, there are some IPR havens that cater to companies selling/licensing software and other such intangible commodities.

If only these software companies were to stop evading taxes in the countries in which they sell software, then the government's tax collections would automatically increase.

Final idiocies, and conclusion

In the BSA-IDC report, they write: "Assessing the relationship between software piracy rates and UN Human Development Index (a measure of average achievements in a country in three basic dimensions of human development) suggests that countries with greater rates of software piracy tend to have lower levels of economic development. This further strengthens the hypothesis that IP rights (IPR) enforcement increases economic activity.".

This is as sensible as saying "countries with greater rates of industrial espionage (such as France, Germany, and USA) tend to have higher levels of economic development" strengthens the hypothesis that industrial espionage increases economic development. While it is empirically true that most countries with greater rates of software piracy have lower levels of economic development, it is equally true that countries with lower levels of economic development (being countries with poorer populations) have more software piracy. It is equally true that software piracy decreases if the cost of software decreases, as shown by the more carefully-conducted analysis in the Media Piracy in Emerging Economies report.

To use greater software piracy and lower economic development as evidence of the causal link between IPR enforcement and economic activity is to betray absolute ignorance about both economics and logic.

The startlingly poor level of analysis of the BSA-IDC report leaves no question that the conclusions were arrived at independently of the analysis. Such misleading analysis is worse than trash: it is downright dangerous as an instrument of policy setting.

To increase tax receipts, the government may as well start by making BSA's constituent companies pay all the taxes they owe.

For more details visit https://cis-india.org/a2k/blogs/calling-out-the-bsa-on-bs

Screening of Partners in Crime

pranesh — 2011-09-07T11:03:46Z

Vikalp@Smriti Nandan along with Centre for Internet and Society invite you to a screening of 'Partners in Crime' by Paromita Vohra on Friday, September 9, 2011, followed by a discussion with the director.

“Come along for a rollicking trip through the grey worlds of copyright, art, and the market in a story about love, money and crime”

Vikalp@Smriti Nandan along with Centre for Internet and Society invite you to the screening of

PARTNERS IN CRIME

Directed by Paromita Vohra
Duration: 94 minutes

@ 6.30pm on Friday, September 9, 2011
@ Smriti Nandan Cultural Centre, 15/3 Palace Road (at the end of the lane opposite NGMA / Maruti temple)
For more details – 9845766808 / 9916158217

The Director will be present at the screening.

Please note that non-members of Smriti Nandan are encouraged to pay Rs. 49/- or above towards the Auditorium.

Watch the trailer and read reviews.

Synopsis

Who owns a song – the person who made it or the person who paid for it? Is piracy organized crime or class struggle? Are alternative artists who want to hold rights over their art and go it alone in the market, visionaries or nutcases? Is the fine line between plagiarism and inspiration a cop-out or a whole other way of looking at the fluid nature of authorship? When more than three fourths of those with an
internet connection download all sorts of material for free, are they living out a brand new cultural freedom – or are they criminals? Full of wicked irony, great music and thorny questions Partners in
Crime explores the grey horizons of copyright and culture in times when technology is changing the contours of the market. Metal heads who market their own music, folklorists who turn tribal aphorisms into short stories, music archivists who hoard and share everything they can get their hands on, anti-piracy fanatics who think piracy funds terrorism, a smooth talking DVD street salesman who outlines the efficiency of the illegal market, media moguls, lobbyists, “monetizers”, downloaders, uploaders, the biggest hit song of 2010 and the small time nautanki singer whose song it was inspired by – these places and people throng the world’s bazaar in which the film is set. Partners in Crime takes you through a story about art, crime, love and money to check if the times, they may be a-changing after all.

Featuring

Vijay Dandetha, Thermal and a Quarter, Lawrence Liang, Demonic Resurrection, Pete Lockett, itwofs.com, Scribe, Rampat Harami & Rani Bala, Ram Sampath, Juma Khan, Irfan of Dil Ne Phir Yaad Kiya, FM Gold, CDrack.in and many others.

About the Director

Paromita Vohra is a documentary filmmaker and writer based in Mumbai whose films explore issues of politics, feminism, culture and desire. Some of her celebrated films are ‘Morality TV and the Loving Jehad: A Thrilling Tale’, 'Q2P', 'Un-limited Girls', 'Where’s Sandra?', ‘Cosmopolis: Two Tales of a City’ and 'A Woman’s Place'. She is also scriptwriter of 'Khamosh Pani' (directed by Sabiha Sumar) which won the Golden Leopard at the Locarno Film Festival in 2003; 'A Few Things I Know About Her' (directed by Anjali Panjabi) which won the Silver Conch at the MIFF 2002; and 'Skin Deep' (directed by Reena Mohan). Her prose writing has been carried in various anthologies including Electric Feather: The Tranquebar Book of Indian Erotica, Recess: The Penguin Book of Schooldays and Bombay Meri Jaan, among others. She writes a weekly column in Sunday Mid-day. She is currently working on a book about love in contemporary India. Partners in Crime is her latest film. To find out more about her work you can visit www.parodevi.com

For more details visit https://cis-india.org/events/partners-in-crime

Pixel Pirate II - DVD Cover

pranesh — 2008-12-14T16:29:19Z

For more details visit https://cis-india.org/a2k/publications/dvd.jpg

Pixel Pirate II - Still 3

pranesh — 2008-12-14T16:28:35Z

For more details visit https://cis-india.org/a2k/publications/ppii-still.jpg

Pixel Pirate II - Still 2

pranesh — 2008-12-14T15:53:16Z

For more details visit https://cis-india.org/a2k/publications/PixelPirateII-02.jpg

Pixel Pirate II - Still 1

pranesh — 2008-12-14T15:52:20Z

For more details visit https://cis-india.org/a2k/publications/PixelPirateII-01.jpg

Eben Moglen

pranesh — 2008-12-11T07:40:59Z

For more details visit https://cis-india.org/a2k/publications/ebenmoglen.jpg

Robert Horowitz

pranesh — 2010-01-13T07:04:34Z

For more details visit https://cis-india.org/home-images/RH.jpg

Prashant Iyengar

pranesh — 2008-10-07T12:22:01Z

Prashant addressing the gathering.

For more details visit https://cis-india.org/openness/publications/software-patents/PrashantIyengar.jpg

Prabir Purkayastha

pranesh — 2008-10-07T11:55:30Z

Prabir speaking at the event.

For more details visit https://cis-india.org/openness/publications/software-patents/NMoSP%20005.jpg

Route to Tagore Hall, CCMG, JMI.

pranesh — 2008-10-13T12:18:45Z

A map detailing the location of CCMG and Tagore House, Jamia Millia Islamia.

For more details visit https://cis-india.org/openness/publications/content-access/map.jpg

pranesh — 2010-01-09T15:06:53Z

The version of the proposed Copyright Act amendments that was released for public comments in 2006. Archived here, since it has since been removed from the Indian Copyright Office's website.

For more details visit https://cis-india.org/a2k/publications/copyright-amendments-2006

IPR Chapter of India-EU FTA (July 2010)

pranesh — 2011-01-12T08:17:38Z

IPR Chapter of India-EU FTA (July 2010)

For more details visit https://cis-india.org/a2k/publications/india-eu-fta-ipr-july-2010

The Online Video Environment in India: A Survey Report

pranesh — 2010-12-21T07:27:34Z

Report on online for the Open Video Alliance, Centre for Internet and Society, and iCommons by Siddharth Chadha, Ben Moskowitz and Pranesh Prakash.

For more details visit https://cis-india.org/a2k/publications/online-video-environment-india