Centre for Internet and Society

Normative Regulation of Cyber Space Report

pranav — 2018-07-31T23:42:42Z

For more details visit https://cis-india.org/internet-governance/files/normative-regulation-of-cyber-space-report

CV Booklet

praskrishna — 2013-11-20T04:34:46Z

For more details visit https://cis-india.org/internet-governance/blog/cv-booklet.pdf

Telefonaktiebolaget LM Ericsson (PUBL) v Competition Commission of India and Anr

praskrishna — 2016-04-20T15:58:21Z

For more details visit https://cis-india.org/a2k/blogs/telefonaktiebolaget-lm-ericsson-publ-v-competition-commission-of-india-and-anr

Annotated version of Comments to The Personal Data Protection Bill 2019

akash — 2020-02-12T11:18:33Z

For more details visit https://cis-india.org/internet-governance/annotated-version-of-comments-to-the-personal-data-protection-bill-2019

Annotated ver PDP Bill 2019

pallavi — 2020-02-21T10:08:41Z

For more details visit https://cis-india.org/accessibility/blog/annotated-ver-pdp-bill-2019

National Resource Kit - Tamil Nadu Chapter

praskrishna — 2013-01-23T10:58:50Z

The Tamil Nadu chapter draft is put up for comments.

For more details visit https://cis-india.org/accessibility/blog/national-resource-kit-tamil-nadu-chapter

Predictive Policing: What is it, How it works, and its Legal Implications

Rohan George — 2015-11-24T16:31:41Z

This article reviews literature surrounding big data and predictive policing and provides an analysis of the legal implications of using predictive policing techniques in the Indian context.

Introduction

For the longest time, humans have been obsessed with prediction. Perhaps the most well-known oracle in history, Pythia, the infallible Oracle of Delphi was said to predict future events in hysterical outbursts on the seventh day of the month, inspired by the god Apollo himself. This fascination with informing ourselves about future events has hardly subsided in us humans. What has changed however is the methods we employ to do so. The development of Big data technologies for one, has seen radical applications into many parts of life as we know it, including enhancing our ability to make accurate predictions about the future.

One notable application of Big data into prediction caters to another basic need since the dawn of human civilisation, the need to protect our communities and cities. The word 'police' itself originates from the Greek word 'polis', which means city. The melding of these two concepts prediction and policing has come together in the practice of Predictive policing, which is the application of computer modelling to historical crime data and metadata to predict future criminal activity[1]. In the subsequent sections, I will attempt an introduction of predictive policing and explain some of the main methods within the domain of predictive policing. Because of the disruptive nature of these technologies, it will also be prudent to expand on the implications predictive technologies have for justice, privacy protections and protections against discrimination among others.

In introducing the concept of predictive policing, my first step is to give a short explanation about current predictive analytics techniques, because these techniques are the ones which are applied into a law enforcement context as predictive policing.

What is predictive analysis

Facilitated by the availability of big data, predictive analytics uses algorithms to recognise data patterns and predict future outcomes[2]. Predictive analytics encompasses data mining, predictive modeling, machine learning, and forecasting[3]. Predictive analytics also relies heavily on machine learning and artificial intelligence approaches [4]. The aim of such analysis is to identify relationships among variables that may not be immediately apparent using hypothesis-driven methods.[5] In the mainstream media, one of the most infamous stories about the use of predictive analysis comes from USA, regarding a department store Target and their data analytics practices [6]. Target mined data from purchasing patterns of people who signed onto their baby registry. From this they were able to predict approximately when customers may be due and target advertisements accordingly. In the noted story, they were so successful that they predicted pregnancy before the pregnant girl's father knew she was pregnant. [7]

Examples of predictive analytics

Predicting the success of a movie based on its online ratings[8]
Many universities, sometimes in partnership with other firms use predictive analytics to provide course recommendations to students, track student performance, personalize curriculum to individual students and foster networking between students.[9]
Predictive Analysis of Corporate Bond Indices Returns[10]

Relationship between predictive analytics and predictive policing

The same techniques used in many of the predictive methods mentioned above find application into some predictive policing methods. However two important points need to be raised:

First, predictive analytics is actually a subset of predictive policing. This is because while the steps in creating a predictive model, of defining a target variable, exposing your model to training data, selecting appropriate features and finally running predictive analysis [11] maybe the same in a policing context, there are other methods which may be used to predict crime, but which do not rely on data mining. These techniques may instead use other methods, such as some of those detailed below along with data about historical crime to generate predictions.

In her article "Policing by Numbers: Big Data and the Fourth Amendment"[12], Joh categorises 3 main applications of Big data into policing. These are Predictive Policing, Domain Awareness systems and Genetic Data Banks. Genetic data banks refer to maintaining large databases of DNA that was collected as part of the justice system. Issues arise when the DNA collected is repurposed in order to conduct familial searches, instead of being used for corroborating identity. Familial searches may have disproportionate impacts on minority races. Domain Awareness systems use various computer software and other digital surveillance tools such as Geographical Information Systems [13] or more illicit ones such as Black Rooms[14] to "help police create a software-enhanced picture of the present, using thousands of data points from multiple sources within a city" [15]. I believe Joh was very accurate in separating Predictive Policing from Domain Awareness systems, especially when it comes to analysing the implications of the various applications of Big data into policing.

In such an analysis of the implications of using predictive policing methods, the issues surrounding predictive technologies often get conflated with larger issues about the application of big data into law enforcement. That opens the debate up to questions about overly intrusive evidence gathering and mass surveillance systems, which though used along with predictive technology, are not themselves predictive in nature. In this article, I aim to concentrate on the specific implications that arise due to predictive methods.

One important point regarding the impact of predictive policing is how the insights that predictive policing methods offer are used. There is much support for the idea that predictive policing does not replace policing methods, but actually augments them. The RAND report specifically cites one myth about predictive policing as "the computer will do everything for you[16]". In reality police officers need to act on the recommendations provided by the technologies.

What is Predictive policing?

Predictive policing is the "application of analytical techniques-particularly quantitative techniques-to identify likely targets for police intervention and prevent crime or solve past crimes by making statistical predictions".[17] It is important to note that the use of data and statistics to inform policing is not new. Indeed, even twenty years ago, before the deluge of big data we have today, law enforcement regimes such as the New York Police Department (NYPD) were already using crime data in a major way. In order to keep track of crime trends, NYPD used the software CompStat[18] to map "crime statistics along with other indicators of problems, such as the locations of crime victims and gun arrests"[19]. The senior officers used the information provided by CompStat to monitor trends of crimes on a daily basis and such monitoring became an instrumental way to track the performance of police agencies[20]. CompStat has since seen application in many other jurisdictions [21].

But what is new is the amount of data available for collection, as well as the ease with which organisations can analyse and draw insightful results from that data. Specifically, new technologies allow for far more rigorous interrogation of data and wide-ranging applications, including adding greater accuracy to the prediction of future incidence of crime.

Predictive Policing methods

Some methods of predictive policing involve application of known standard statistical methods, while other methods involve modifying these standard techniques. Predictive techniques that forecast future criminal activities can be framed around six analytic categories. They all may overlap in the sense that multiple techniques are used to create actual predictive policing software and in fact it is similar theories of criminology which undergird many of these methods, but the categorisation in such a way helps clarify the concept of predictive policing. The basis for the categorisation below comes from a RAND Corporation report entitled 'Predictive Policing: The Role of Crime Forecasting in Law Enforcement Operations' [22], which is a comprehensive and detailed contribution to scholarship in this nascent area.

Hot spot analysis: Methods involving hot spot analysis attempt to "predict areas of increased crime risk based on historical crime data"[23]. The premise behind such methods lies in the adage that "crime tends to be lumpy" [24]. Hot Spot analysis seeks to map out these previous incidences of crime in order to inform potential future crime.

Regression methods: A regression aims to find relationships between independent variables (factors that may influence criminal activity) and certain variables that one aims to predict. Hence, this method would track more variables than just crime history.

Data mining techniques: Data mining attempts to recognise patterns in data and use it to make predictions about the future. One important variant in the various types of data mining methods used in policing are different types of algorithms that are used to mine data in different ways. These are dependent on the nature of the data the predictive model was trained on and will be used to interrogate in the future. Two broad categories of algorithms commonly used are clustering algorithms and classification algorithms:

· Clustering algorithms "form a class of data mining approaches that seek to group data into clusters with similar attributes" [25]. One example of clustering algorithms is spatial clustering algorithms, which use geospatial crime incident data to predict future hot spots for crime[26].

· Classification algorithms "seek to establish rules assigning a class or label to events"[27]. These algorithms use training data sets "to learn the patterns that determine the class of an observation"[28] The patterns identified by the algorithm will be applied to future data, and where applicable, the algorithm will recognise similar patterns in the data. This can be used to make predictions about future criminal activity for example.

Near-repeat methods: Near-repeat methods work off the assumption that future crimes will take place close to timing and location of current crimes. Hence, it could be postulated that areas of high crime will experience more crime in the near future[29]. This involves the use of a 'self-exciting' algorithm, very similar to algorithms modelling earthquake aftershocks [30]. The premise undergirding such methods is very similar to that of hot spot analysis.

Spatiotemporal analysis: Using "environmental and temporal features of the crime location" [31] as the basis for predicting future crime. By combining the spatiotemporal features of the crime area with crime incident data, police could use the resultant information to predict the location and time of future crimes. Examples of factors that may be considered include timing of crimes, weather, distance from highways, time from payday and many more.

Risk terrain analysis: Analyses other factors that are useful in predicting crimes. Examples of such factors include "the social, physical, and behavioural factors that make certain areas more likely to be affected by crime"[32]

Various methods listed above are used, often together, to predict the where and when a crime may take place or even potential victims. The unifying thread which relates these methods is their dependence on historical crime data.

Examples of predictive policing:

Most uses of predictive policing that have been studied and reviewed in scholarly work come from the USA, though I will detail one case study from Derbyshire, UK. Below is a collation of various methods that are a practical application of the methods raised above.

Hot Spot analysis in Sacramento: In February 2011, Sacramento Police Department began using hot spot analysis along with research on optimal patrol time to act as a sufficient deterrent to inform how they patrol high-risk areas. This policy was aimed at preventing serious crimes by patrolling these predicted hot spots. In places where there was such patrolling, serious crimes reduced by a quarter with no significant increases such crimes in surrounding areas[33].

Data Mining and Hot Spot Mapping in Derbyshire, UK: The Safer Derbyshire Partnership, a group of law enforcement agencies and municipal authorities sought to identify juvenile crime hotspots[34]. They used MapInfo software to combine "multiple discrete data sets to create detailed maps and visualisations of criminal activity, including temporal and spatial hotspots" [35]. This information informed law enforcement about how to optimally deploy their resources.

Regression models in Pittsburgh: Researchers used reports from Pittsburgh Bureau of Police about violent crimes and "leading indicator" [36] crimes, crimes that were relatively minor but which could be a sign of potential future violent offences. The researcher ran analysis of areas with violent crimes, which were used as the dependent variable in analysing whether violent crimes in certain areas could be predicted by the leading indicator data. From the 93 significant violent crime areas that were studied, 19 areas were successfully predicted by the leading indicator data.[37]

Risk terrain modelling analysis in Morris County, New Jersey: Police in Morris County, used risk terrain analysis to tackle violent crimes and burglaries. They considered five inputs in their model: "past burglaries, the address of individuals recently arrested for property crimes, proximity to major highways, the geographic concentration of young men and the location of apartment complexes and hotels." [38] The Morris County law enforcement officials linked the significant reductions in violent and property crime to their use of risk terrain modelling[39].

Near-repeat & hot spot analysis used by Santa Cruz Police Department: Uses PredPol software that applies the Mohler's algorithm [40] to a database with five years' worth of crime data to assess the likelihood of future crime occurring in the geographic areas within the city. Before going on shift, officers receive information identifying 15 such areas with the highest probability of crime[41]. The initiative has been cited as being very successful at reducing burglaries, and was used in Los Angeles and Richmond, Virginia[42].

Data Mining and Spatiotemporal analysis to predict future criminal activities in Chicago: Officers in Chicago Police Department made visits to people their software predicted were likely to be involved in violent crimes[43], guided by an algorithm-generated "Heat List"[44]. Some of the inputs used in the predictions include some types of arrest records, gun ownership, social networks[45] (police analysis of social networking is also a rising trend in predictive policing[46]) and generally type of people you are acquainted with [47] among others, but the full list of the factors are not public. The list sends police officers (or sometimes mails letters) to peoples' homes to offer social services or deliver warnings about the consequences for offending. Based in part on the information provided by the algorithm, officers may provide people on the Heat List information about vocational training programs or warnings about how Federal Law provides harsher punishments for reoffending[48].

Predictive policing in India

In this section, I map out some of the developments in the field of predictive policing within India. On the whole, predictive policing is still very new in India, with Jharkhand being the only state that appears to already have concrete plans in place to introduce predictive policing.

Jharkhand Police

The Jharkhand police began developing their IT infrastructure such as a Geographic Information System (GIS) and Server room when they received funding for Rs. 18.5 crore from the Ministry of Home Affairs[49]. The Open Group on E-governance (OGE), founded as a collaboration between the Jharkhand Police and National Informatics Centre[50], is now a multi-disciplinary group which takes on different projects related to IT[51]. With regards to predictive policing, some members of OGE began development in 2013 of data mining software which will scan online records that are digitised. The emerging crime trends "can be a building block in the predictive policing project that the state police want to try."[52]

The Jharkhand Police was also reported in 2012 to be in the final stages of forming a partnership with IIM-Ranchi[53]. It was alleged the Jharkhand police aimed to tap into IIM's advanced business analytics skills [54], skills that can be very useful in a predictive policing context. Mr Pradhan suggested that "predictive policing was based on intelligence-based patrol and rapid response"[55] and that it could go a long way to dealing with the threat of Naxalism in Jharkhand[56].

However, in Jharkhand, the emphasis appears to be targeted at developing a massive Domain Awareness system, collecting data and creating new ways to present that data to officers on the ground, instead of architecting and using predictive policing software. For example, the Jharkhand police now have in place "a Naxal Information System, Crime Criminal Information System (to be integrated with the CCTNS) and a GIS that supplies customised maps that are vital to operations against Maoist groups"[57]. The Jharkhand police's "Crime Analytics Dashboard" [58] shows the incidence of crime according to type, location and presents it in an accessible portal, providing up-to-date information and undoubtedly raises the situational awareness of the officers. Arguably, the domain awareness systems that are taking shape in Jharkhand would pave the way for predictive policing methods to be applied in the future. These systems and hot spot maps seem to be the start of a new age of policing in Jharkhand.

Predictive Policing Research

One promising idea for predictive policing in India comes from the research conducted by Lavanya Gupta and others entitled "Predicting Crime Rates for Predictive Policing"[59], which was a submission for the Gandhian Young Technological Innovation Award. The research uses regression modelling to predict future crime rates. Drawing from First Information Reports (FIRs) of violent crimes (murder, rape, kidnapping etc.) from Chandigarh Police, the team attempted "to extrapolate annual crime rate trends developed through time series models. This approach also involves correlating past crime trends with factors that will influence the future scope of crime, in particular demographic and macro-economic variables" [60]. The researchers used early crime data as the training data for their model, which after some testing, eventually turned out to have an accuracy of around 88.2%.[61] On the face of it, ideas like this could be the starting point for the introduction of predictive policing into India.

The rest of India's law enforcement bodies do not appear to be lagging behind. In the 44^th All India police science congress, held in Gandhinagar, Gujarat in March this year, one of the Themes for discussion was the "Role of Preventive Forensics and latest developments in Voice Identification, Tele-forensics and Cyber Forensics"[62].Mr A K Singh, (Additional Director General of Police, Administration) the chairman of the event also said in an interview that there was to be a round-table DGs (Director General of Police) held at the conference to discuss predictive policing[63]. Perhaps predictive policing in India may not be that far away from reality.

CCTNS and the building blocks of Predictive policing

The Ministry of Home Affairs conceived of a Crime and Criminals Tracking and Network System (CCTNS) as part of national e-Governance plans. According to the website of the National Crime Records Bureau (NCRB), CCTNS aims to develop "a nationwide networked infrastructure for evolution of IT-enabled state-of-the-art tracking system around 'investigation of crime and detection of criminals' in real time" [64]

The plans for predictive policing seem in the works, but first steps that are needed in India across police forces involve digitizing data collection by the police, as well as connecting law enforcement agencies. The NCRB's website described the current possibility of exchange of information between neighbouring police stations, districts or states as being "next to impossible"[65]. The aim of CCTNS is precisely to address this gap and integrate and connect the segregated law enforcement arms of the state in India, which would be a foundational step in any initiatives to apply predictive methods.

What are the implications of using predictive policing? Lessons from USA

Despite the moves by law enforcement agencies to adopt predictive policing, one reality is that the implications of predictive policing methods are far from clear. This section will examine these implications on the carriage of justice and its use in law, as well as how it impacts privacy concerns for the individual. It frames the existing debates surrounding these issues with predictive policing, and aims to apply these principles into an Indian context.

Justice, Privacy & IV Amendment

Two key concerns about how predictive policing methods may be used by law enforcement relate to how insights from predictive policing methods are acted upon and how courts interpret them. In the USA, this issue may finds its place under the scope of IV Amendment jurisprudence. The IV amendment states that all citizens are "secure from unreasonable searches and seizures of property by the government"[66]. In this sense, the IV amendment forms the basis for search and surveillance law in the USA.

A central aspect of the IV Amendment jurisprudence is drawn from United States v. Katz. In Katz, the FBI attached a microphone to the outside of a public phone booth to record the conversations of Charles Katz, who was making phone calls related to illegal gambling. The court ruled that such actions constituted a search within the auspices of the 4^th amendment. The ruling affirmed constitutional protection of all areas where someone has a "reasonable expectation of privacy"[67].

Later cases have provided useful tests for situations where government surveillance tactics may or may not be lawful, depending on whether it violates one's reasonable expectation of privacy. For example, in United States v. Knotts, the court held that "police use of an electronic beeper to follow a suspect surreptitiously did not constitute a Fourth Amendment search"[68]. In fact, some argue that that the Supreme Court's reasoning in such cases suggests " any 'scientific enhancement' of the senses used by the police to watch activity falls outside of the Fourth Amendment's protections if the activity takes place in public"[69]. This reasoning is based on the third party doctrine which holds that "if you voluntarily provide information to a third party, the IV Amendment does not preclude the government from accessing it without a warrant"[70]. The clearest exposition of this reasoning was in Smith v. Maryland, where the presiding judges noted that "this Court consistently has held that a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties"[71].

However, the third party has seen some challenge in recent time. In United States v. Jones, it was ruled that the government's warrantless GPS tracking of his vehicle 24 hours a day for 28 days violated his Fourth Amendment rights[72]. Though the majority ruling was that warrantless GPS tracking constituted a search, it was in a concurring opinion written by Justice Sonya Sotomayor that such intrusive warrantless surveillance was said to infringe one's reasonable expectation of privacy. As Newell reflected on Sotomayor's opinion,

"Justice Sotomayor stated that the time had come for Fourth Amendment jurisprudence to discard the premise that legitimate expectations of privacy could only be found in situations of near or complete secrecy. Sotomayor argued that people should be able to maintain reasonable expectations of privacy in some information voluntarily disclosed to third parties"[73].

She said that the court's current reasoning on what constitutes reasonable expectations of privacy in information disclosed to third parties, such as email or phone records or even purchase histories, is "ill-suited to the digital age, in which people reveal a great deal of information about themselves to third parties in the course of carrying out mundane tasks"[74].

Predictive policing vs. Mass surveillance and Domain Awareness Systems

However, there is an important distinction to be drawn between these cases and evidence from predictive policing. This has to do with the difference in nature of the evidence collection. Arguably, from Jones and others, what we see is that use of mass surveillance and domain awareness systems, drawing from Joh's categorisation of domain awareness systems as being distinct from predictive policing mentioned above, could potentially encroach on one's reasonable expectation of privacy. However, I think that predictive policing, and the possible implications for justice associated with it, its predictive harms, are quite distinct from what has been heard by courts thus far.

The reason for distinct risks between predictive harms and privacy harms originating from information gathering is related to the nature of predictive policing technologies, and how they are used. It is highly unlikely that the evidence submitted by the State to indict an offender will be mainly predictive in nature. For example, would it be possible to convict an accused person solely on the premise that he was predicted to be highly likely to commit a crime, and that subsequently he did? The legal standard of proving guilt beyond a reasonable doubt [75] can hardly be met solely on predictive evidence for a multitude of reasons. Predictive policing methods could at most, be said to inform police about the risk of someone committing a crime or of crime happening at a certain location, as demonstrated above.

Predictive policing and Criminal Procedure

It may therefore pay to analyse how predictive policing may be used across the various processes within the criminal justice system. In fact, in an analysis of the various stages of criminal procedure, from opening an investigation to gathering evidence, followed by arrest, trial, conviction and sentencing, we see that as the individual gets subject to more serious incursions or sanctions by the state, it takes a higher standard of certainty about wrongdoing and a higher burden of proof, in order to legitimize that particular action.

Hence, at more advanced stages of the criminal justice process such as seeking arrest warrants or trial, it is very unlikely that predictive policing on its own can have a tangible impact, because the nature of predictive evidence is probability based. It aims to calculate the risk of future crime occurring based on statistical analysis of past crime data[76]. While extremely useful, probabilities on their own will not come remotely close meet the legal standards of proving 'guilt beyond reasonable doubt'. It may be at the earlier stages of the criminal justice process that evidence predictive policing might see more widespread application, in terms of applying for search warrants and searching suspicious people while on patrol.

In fact, in the law enforcement context, prediction as a concept is not new to justice. Both courts and law enforcement officials already make predictions about future likelihood of crimes. In the case of issuing warrants, the IV amendment makes provisions that law enforcement officials show that the potential search is based "upon probable cause"[77] in order for a judge to grant a warrant. In US v. Brinegar, probable cause was defined as existing "where the facts and circumstances within the officers' knowledge, and of which they have reasonably trustworthy information, are sufficient in themselves to warrant a belief by a man of reasonable caution that a crime is being committed" [78]. Again, this legal standard seems too high for predictive evidence meet.

However, the police also have an important role to play in preventing crimes by looking out for potential crimes while on patrol or while doing surveillance. When the police stop a civilian on the road to search him, reasonable suspicion must be established. This standard of reasonable suspicion was defined in most clearly in Terry v. Ohio, which required police to "be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion"[79]. Therefore, "reasonable suspicion that 'criminal activity may be afoot' is at base a prediction that the facts and circumstances warrant the reasonable prediction that a crime is occurring or will occur"[80]. Despite the assertion that "there are as of yet no reported cases on predictive policing in the Fourth Amendment context"[81], examining the impact of predictive policing on the doctrine of reasonable suspicion could be very instructive in understanding the implications for justice and privacy [82].

Predictive Policing and Reasonable Suspicion

Ferguson's insightful contribution to this area of scholarship involves the identification of existing areas where prediction already takes place in policing, and analogising them into a predictive policing context[83]. These three areas are: responding to tips, profiling, and high crime areas (hot spots).

Tips

Tips are pieces of information shared with the police by members of the public. Often tips, either anonymous or from known police informants, may predict future actions of certain people, and require the police to act on this information. The precedent for understanding the role of tips in probable cause comes from Illinois v. Gates[84]. It was held that "an informant's 'veracity,' 'reliability,' and 'basis of knowledge'-remain 'highly relevant in determining the value'"[85] of the said tip. Anonymous tips need to be detailed, timely and individualised enough[86] to justify reasonable suspicion [87]. And when the informant is known to be reliable, then his prior reliability may justify reasonable suspicion despite lacking a basis in knowledge[88].

Ferguson argues that whereas predictive policing cannot provide individualised tips, it is possible to consider reliable tips about certain areas as a parallel to predictive policing[89]. And since the courts had shown a preference for reliability even in the face of a weak basis in knowledge, it is possible to see the reasonable suspicion standard change in its application[90]. It also implies that IV protections may be different in places where crime is predicted to occur [91].

Profiling

Despite the negative connotations and controversial overtones at the mere sound of the word, profiling is already a method commonly used by law enforcement. For example, after a crime has been committed and general features of the suspect identified by witnesses, police often stop civilians who fit this description. Another example of profiling is common in combating drug trafficking[92], where agents keep track of travellers at airports to watch for suspicious behaviour. Based on their experience of common traits which distinguish drug traffickers from regular travellers (a profile), agents may search travellers if they fit the profile[93]. In the case of United States v. Sokolow[94], the courts "recognized that a drug courier profile is not an irrelevant or inappropriate consideration that, taken in the totality of circumstances, can be considered in a reasonable suspicion determination" [95]. Similar lines of thinking could be employed in observing people exchanging small amounts of money in an area known for high levels of drug activity, conceiving predictive actions as a form of profile[96].

It is valid to consider predictive policing as a form of profiling[97], but Ferguson argues that the predictive policing context means this 'new form' of profiling could change IV analysis. The premise behind such an argument lies in the fact that a prediction made by some algorithm about potential high risk of crime in a certain area, could be taken in conjunction observations of ordinarily innocuous events. Read in the totality of circumstances, these two threads may justify individual reasonable suspicion [98]. For example, a man looking into cars at a parking lot may not by itself justify reasonable suspicion, but taken together with a prediction of high risk of car theft at that locality, it may well justify reasonable suspicion. It is this impact of predictive policing, which influences the analysis of reasonable suspicion in a totality of circumstances that may represent new implications for courts looking at IV amendment protections.

Profiling, Predictive Policing and Discrimination

The above sections have already brought up the point that law enforcement agencies already utilize profiling methods in their operations. Also, as the sections on how predictive analytics works and on methods of predictive policing make clear, predictive policing definitely incorporates the development of profiles for predicting future criminal activity. Concerns about predictive models generate potentially discriminatory predictions therefore are very serious, and need addressing. Potential discrimination may be either overt, though far less likely, or unintended. A valuable case study of which sheds light on such discriminatory data mining practices can be found in US Labour law. It was shown how predictive models could be discriminatory at various stages, from conceptualising the model and training it with training data, to eventually selecting inappropriate features to search for [99]. It is also possible for data scientists to (intentionally or not) use proxies for identifiers like race, income level, health condition and religion. Barocas and Selbst argue that "the current distribution of relevant attributes-attributes that can and should be taken into consideration in apportioning opportunities fairly-are demonstrably correlated with sensitive attributes" [100]. Hence, what may result is unintended discrimination, as predictive models and their subjective and implicit biases are reflected in predicted decisions, or that the discrimination is not even accounted for in the first place. While I have not found any case law where courts have examined such situations in a criminal context, at the very least, law enforcement agencies need to be aware of these possibilities and guard against any forms of discriminatory profiling.

However, Ferguson argues that "the precision of the technology may in fact provide more protection for citizens in broadly defined high crime areas" [101]. This is because the label of a 'high-crime area' may no longer apply to large areas but instead to very specific areas of criminal activity. This implies that previously defined areas of high crime, like entire neighbourhoods may not be scrutinised in such detail. Instead, police now may be more precise in locating and policing areas of high crime, such as an individual street corner or a particular block of flats instead of an entire locality.

Hot Spots

Courts have also considered the existence of notoriously 'high-crime areas as part of considering reasonable suspicion[102]. This was seen in Illinois v. Wardlow [103], where the "high crime nature of an area can be considered in evaluating the officer's objective suspicion"[104]. Many cases have since applied this reasoning without scrutinising the predictive value of such a label. In fact, Ferguson asserts that such labelling has questionable evidential value[105]. He uses the facts of the Wardlow case itself to challenge the 'high crime area' factor. Ferguson cites the reasoning of one of the judges in the case:

"While the area in question-Chicago's District 11-was a low-income area known for violent crimes, how that information factored into a predictive judgment about a man holding a bag in the afternoon is not immediately clear."[106]

Especially because "the most basic models of predictive policing rely on past crimes"[107], it is likely that the predictive policing methods like hot spot or spatiotemporal analysis and risk terrain modelling may help to gather or build data models about high crime areas. Furthermore, the mathematical rigour of the predictive modelling could help clarify the term 'high crime area'. As Ferguson argues, "courts may no longer need to rely on the generalized high crime area terminology when more particularized and more relevant information is available" [108].

Summary

Ferguson synthesises four themes to which encapsulate reasonable suspicion analysis:

Predictive information is not enough on its own. Instead, it is "considered relevant to the totality of circumstances, but must be corroborated by direct police observation"[109].
The prediction must also "be particularized to a person, a profile, or a place, in a way that directly connects the suspected crime to the suspected person, profile, or place"[110].
It must also be detailed enough to distinguish a person or place from others not the focus of the prediction [111].
Finally, predicted information becomes less valuable over time. Hence it must be acted on quickly or be lost [112].

Conclusions from America

The main conclusion to draw from the analysis of the parallels between existing predictions in IV amendment law and predictive policing is that "predictive policing will impact the reasonable suspicion calculus by becoming a factor within the totality of circumstances test"[113]. Naturally, it reaffirms the imperative for predictive techniques to collect reliable data [114] and analyse it transparently[115]. Moreover, in order for courts to evaluate the reliability of the data and the processes used (since predictive methods become part of the reasonable suspicion calculus), courts need to be able to analyse the predictive process. This has implications for the how hearings may be conducted, for how legal adjudicators may require training and many more. Another important concern is that the model of predictive information and police corroboration or direct observation[116] may mean that in areas which were predicted to have low risk of crime, the reasonable suspicion doctrine works against law enforcement. There may be less effort paid to patrolling these other areas as a result of predictions.

Implications for India

While there have been no cases directly involving predictive policing methods, it would be prudent to examine the parts of Indian law which would inform the calculus on the lawfulness of using predictive policing methods. A useful lens to examine this might be found in the observation that prediction is not in itself a novel concept in justice, and is already used by courts and law enforcement in numerous circumstances.

Criminal Procedure in Non-Warrant Contexts

The most logical way to begin analysing the legal implications of predictive policing in India may probably involve identifying parallels between American and Indian criminal procedure, specifically searching for instances where 'reasonable suspicion' or some analogous requirement exists for justifying police searches.

In non-warrant scenarios, we find conditions for officers to conduct such a warrantless search in Section 165 of the Criminal Procedure Code (Cr PC). For clarity purposes I have stated section 165 (1) in full:

"Whenever an officer in charge of a police station or a police officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place with the limits of the police station of which he is in charge, or to which he is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station." [117]

However, India differs from the USA in that its Cr PC allows for police to arrest individuals without a warrant as well. As observed in Gulab Chand Upadhyaya vs State Of U.P, "Section 41 Cr PC gives the power to the police to arrest without warrant in cognizable offences, in cases enumerated in that Section. One such case is of receipt of a 'reasonable complaint' or 'credible information' or 'reasonable suspicion'" [118] Like above, I have stated section 41 (1) and subsection (a) in full:

"41. When police may arrest without warrant.

(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person-

(a) who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned"[119]

In analysing the above sections of Indian criminal procedure from a predictive policing angle, one may find both similarities and differences between the proposed American approach and possible Indian approaches to interpreting or incorporating predictive policing evidence.

Similarity of 'reasonable suspicion' requirement

For one, the requirement for "reasonable grounds" or "reasonable suspicion" seems to be analogous to the American doctrine of reasonable suspicion. This suggests that the concepts used in forming reasonable suspicion, for the police to "be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion"[120] may also be useful in the Indian context.

One case which sheds light on an Indian interpretation of reasonable suspicion or grounds is State of Punjab v. Balbir Singh[121]. In that case, the court observes a requirement for "reason to believe that such an offence under Chapter IV has been committed and, therefore, an arrest or search was necessary as contemplated under these provisions"[122] in the context of Section 41 and 42 in The Narcotic Drugs and Psychotropic Substances Act, 1985[123]. In examining the requirement of having "reason to believe", the court draws on Partap Singh (Dr) v. Director of Enforcement, Foreign Exchange Regulation Act[124], where the judge observed that "the expression 'reason to believe' is not synonymous with subjective satisfaction of the officer. The belief must be held in good faith; it cannot be merely a pretence….."[125]

In light of this, the judge in Balbir Singh remarked that "whether there was such reason to believe and whether the officer empowered acted in a bona fide manner, depends upon the facts and circumstances of the case and will have a bearing in appreciation of the evidence" [126]. The standard considered by the court in Balbir Singh and Partap Singh is different from the 'reasonable suspicion' or 'reasonable grounds' standard as per Section 41 and 165 of Cr PC. But I think the discussion can help to inform our analysis of the idea of reasonableness in law enforcement actions. Of importance was the court requirement of something more than mere "pretence" as well as a belief held in good faith. This could suggest that in fact the reasoning in American jurisprudence about reasonable suspicion might be at least somewhat similar to how Indian courts view reasonable suspicion or grounds in the context of predictive policing, and therefore how we could similarly conjecture that predictive evidence could form part of the reasonable suspicion calculus in India as well.

Difference in judicial treatment of illegally obtained evidence - Indian lack of exclusionary rules

However, the apparent similarity of how police in America and India may act in non-warrant situations - guided by the idea of reasonable suspicion - is only veneered by linguistic parallels. Despite the existence of such conditions which govern the searches without a warrant, I believe that Indian courts currently may provide far less protection against unlawful use of predictive technologies. The main premise behind this argument is that Indian courts refuse to exclude evidence that was obtained in breaches of the conditions of sections of the Cr PC. What exists in place of evidentiary safeguards is a line of cases in which courts routinely admit unlawfully or illegally obtained evidence. Without protections against unlawfully gathered evidence being considered relevant by courts, any regulations on search or conditions to be met before a search is lawful become ineffective. Evidence may simply enter the courtroom through a backdoor.

In the USA, this is by and large, not the case. Although there are exceptions to these rules, exclusionary rules are set out to prevent admission of evidence which violates the constitution[127]. "The exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment "[128]. Mapp v. Ohio [129] set the precedent for excluding unconstitutionally gathered evidence, where the court ruled that "all evidence obtained by searches and seizures in violation of the Federal Constitution is inadmissible in a criminal trial in a state court" [130].

Any such evidence which then leads law enforcement to collect new information may also be excluded, as part of the "fruit of the poisonous tree" doctrine[131], established in Silverthorne Lumber Co. v. United States [132]. The doctrine is a metaphor which suggests that if the source of certain evidence is tainted, so is 'fruit' or derivatives from that unconstitutional evidence. One such application was in Beck v. Ohio[133], where the courts overturned a petitioner's conviction because the evidence used to convict him was obtained via an unlawful arrest.

However in India's context, there is very little protection against the admission and use of unlawfully gathered evidence. In fact, there are a line of cases which lay out the extent of consideration given to unlawfully gathered evidence - both cases that specifically deal with the rules as per the Indian Cr PC as well as cases from other contexts - which follow and develop this line of reasoning of allowing illegally obtained evidence.

One case to pay attention to is State of Maharastra v. Natwarlal Damodardas Soni - in this case, the Anti-Corruption Bureau searched the house of the accused after receiving certain information as a tip. The police "had powers under the Code of Criminal Procedure to search and seize this gold if they had reason to believe that a cognizable offence had been committed in respect thereof"[134]. Justice Sarkaria, in delivering his judgement, observed that for argument's sake, even if the search was illegal, "then also, it will not affect the validity of the seizure and further investigation"[135]. The judge drew reasoning from Radhakishan v. State of U.P[136]. This which was a case involving a postman who had certain postal items that were undelivered recovered from his house. As the judge in Radhakishan noted:

"So far as the alleged illegality of the search is concerned, it is sufficient to say that even assuming that the search was illegal the seizure of the articles is not vitiated. It may be that where the provisions of Sections 103 and 165 of the Code of Criminal Procedure, are contravened the search could be resisted by the person whose premises are sought to be searched. It may also be that because of the illegality of the search the court may be inclined to examine carefully the evidence regarding the seizure. But beyond these two consequences no further consequence ensues." [137]

Shyam Lal Sharma v. State of M.P.[138] was also drawn upon, where it was held that "even if the search is illegal being in contravention with the requirements of Section 165 of the Criminal Procedure Code, 1898, that provision ceases to have any application to the subsequent steps in the investigation"[139].

Even in Gulab Chand Upadhyay, mentioned above, the presiding judge contended that even "if arrest is made, it does not require any, much less strong, reasons to be recorded or reported by the police. Thus so long as the information or suspicion of cognizable offence is "reasonable" or "credible", the police officer is not accountable for the discretion of arresting or no arresting"[140].

A more complete articulation of the receptiveness of Indian courts to admit illegally gathered evidence can be seen in the aforementioned Balbir Singh. The judgement aimed to:

"dispose of one of the contentions that failure to comply with the provisions of Cr PC in respect of search and seizure even up to that stage would also vitiate the trial. This aspect has been considered in a number of cases and it has been held that the violation of the provisions particularly that of Sections 100, 102, 103 or 165 Cr PC strictly per se does not vitiate the prosecution case. If there is such violation, what the courts have to see is whether any prejudice was caused to the accused and in appreciating the evidence and other relevant factors, the courts should bear in mind that there was such a violation and from that point of view evaluate the evidence on record."[141]

The judges then consulted a series of authorities on the failure to comply with provisions of the Cr PC:

State of Punjab v. Wassan Singh[142]: "irregularity in a search cannot vitiate the seizure of the articles"[143].
Sunder Singh v. State of U.P[144]: 'irregularity cannot vitiate the trial unless the accused has been prejudiced by the defect and it is also held that if reliable local witnesses are not available the search would not be vitiated."[145]
Matajog Dobey v.H.C. Bhari[146]: "when the salutory provisions have not been complied with, it may, however, affect the weight of the evidence in support of the search or may furnish a reason for disbelieving the evidence produced by the prosecution unless the prosecution properly explains such circumstance which made it impossible for it to comply with these provisions."[147]
R v. Sang[148]: "reiterated the same principle that if evidence was admissible it matters not how it was obtained."[149] Lord Diplock, one of the Lords adjudicating the case, observed that "however much the judge may dislike the way in which a particular piece of evidence was obtained before proceedings were commenced, if it is admissible evidence probative of the accused's guilt "it is no part of his judicial function to exclude it for this reason". [150] As the judge in Balbir Singh quoted from Lord Diplock, a judge "has no discretion to refuse to admit relevant admissible evidence on the ground that it was obtained by improper or unfair means. The court is not concerned with how it was obtained."[151]

The vast body of case law presented above provides observers with a clear image of the courts willingness to admit and consider illegally obtained evidence. The lack of safeguards against admission of unlawful evidence are important from the standpoint of preventing the excessive or unlawful use of predictive policing methods. The affronts to justice and privacy, as well as the risks of profiling, seem to become magnified when law enforcement use predictive methods more than just to augment their policing techniques but to replace some of them. The efficacy and expediency offered by using predictive policing needs to be balanced against the competing interest of ensuring rule of law and due process. In the Indian context, it seems courts sparsely consider this competing interest.

Naturally, weighing in on which approach is better depends on a multitude of criteria like context, practicality, societal norms and many more. It also draws on existing debates in administrative law about the role of courts, which may emphasise protecting individuals and preventing excessive state power (red light theory) or emphasise efficiency in the governing process with courts assisting the state to achieve policy objectives (green light theory) [152].

A practical response may be that India should aim to embrace both elements and balance them appropriately, although what an appropriate balance again may vary. There are some who claim that this balance already exists in India. Evidence for such a claim may come from R.M. Malkani v. State of Maharashtra[153], where the court considered whether an illegally tape-recorded conversation could be admissible. In its reasoning, the court drew from Kuruma, Son of Kanju v. R. [154], noting that

" if evidence was admissible it matters not how it was obtained. There is of course always a word of caution. It is that the Judge has a discretion to disallow evidence in a criminal case if the strict rules of admissibility would operate unfairly against the accused. That caution is the golden rule in criminal jurisprudence"[155].

While this discretion exists at least principally in India, in practice the cases presented above show that judges rarely exercise that discretion to prevent or bar the admission of illegally obtained evidence or evidence that was obtained in a manner that infringed the provisions governing search or arrest in the Cr PC. Indeed, the concern is that perhaps the necessary safeguards required to keep law enforcement practices, including predictive policing techniques, in check would be better served by a greater focus on reconsidering the legality of unlawfully gathered evidence. If not, evidence which should otherwise be inadmissible may find its way into consideration by existing legal backdoors.

Risk of discriminatory predictive analysis

Regarding the risk of discriminatory profiling, Article 15 of India's Constitution[156] states that "the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them" [157]. The existence of constitutional protection for such forms of discrimination suggests that India will be able to guard against discriminatory predictive policing. However, as mentioned before, predictive analytics often discriminates institutionally, "whereby unconscious implicit biases and inertia within society's institutions account for a large part of the disparate effects observed, rather than intentional choices"[158]. As in most jurisdictions, preventing these forms of discrimination are much harder. Especially in a jurisdiction whose courts are already receptive to allowing admission of illegally obtained evidence, the risk of discriminatory data mining or prejudiced algorithms being used by police becomes magnified. Because the discrimination may be unintentional, it may be even harder for evidence from discriminatory predictive methods to be scrutinised or when applicable, dismissed by the courts.

Conclusion for India

One thing which is eminently clear from the analysis of possible interpretations of predictive evidence is that Indian Courts have had no experience with any predictive policing cases, because the technology itself is still at a nascent stage. There is in fact a long way to go before predictive policing will become used on a scale similar to that of USA for example.

But, even in places where predictive policing is used much more prominently, there is no precedent to observe how courts may view predictive policing. Ferguson's method of locating analogous situations to predictive policing which courts have already considered is one notable approach, but even this does not provide complete answer. One of his main conclusions that predictive policing will affect the reasonable suspicion calculus, or in India's case, contribute to 'reasonable grounds' in some ways, is perhaps the most valid one.

However, what provides more cause for concern in India's context are the limited protections against use of unlawfully gathered evidence. The lack of 'exclusionary rules' unlike those present in the US amplifies the various risks of predictive policing because individuals have little means of redress in such situations where predictive policing may be used unjustly against them.

Yet, the promise of predictive policing remains undeniably attractive for India. The successes predictive policing methods seem to have had In the US and UK coupled with the more efficient allocation of law enforcement's resources as a consequence of adapting predictive policing evidence this point. The government recognises this and seems to be laying the foundation and basic digital infrastructure required to utilize predictive policing optimally. One ought also to ask whether it is the even within the court's purview to decide what kind of policing methods are to be permissible through evaluating the nature of evidence. There is a case to be made for the legislative arm of the state to provide direction on how predictive policing is to be used in India. Perhaps the law must also evolve with the changes in technology, especially if courts are to scrutinise the predictive policing methods themselves.

[1] Joh, Elizabeth E. "Policing by Numbers: Big Data and the Fourth Amendment." SSRN Scholarly Paper. Rochester, NY: Social Science Research Network, February 1, 2014. http://papers.ssrn.com/abstract=2403028.

[2] Tene, Omer, and Jules Polonetsky. "Big Data for All: Privacy and User Control in the Age of Analytics." Northwestern Journal of Technology and Intellectual Property 11, no. 5 (April 17, 2013): 239.

[3] Datta, Rajbir Singh. "Predictive Analytics: The Use and Constitutionality of Technology in Combating Homegrown Terrorist Threats." SSRN Scholarly Paper. Rochester, NY: Social Science Research Network, May 1, 2013. http://papers.ssrn.com/abstract=2320160.

[4] Johnson, Jeffrey Alan. "Ethics of Data Mining and Predictive Analytics in Higher Education." SSRN Scholarly Paper. Rochester, NY: Social Science Research Network, May 8, 2013. http://papers.ssrn.com/abstract=2156058.

[5] Ibid.

[6] Duhigg, Charles. "How Companies Learn Your Secrets." The New York Times, February 16, 2012. http://www.nytimes.com/2012/02/19/magazine/shopping-habits.html.

[7] Ibid.

[8] Lijaya, A, M Pranav, P B Sarath Babu, and V R Nithin. "Predicting Movie Success Based on IMDB Data." International Journal of Data Mining Techniques and Applications 3 (June 2014): 365-68.

[9] Johnson, Jeffrey Alan. "Ethics of Data Mining and Predictive Analytics in Higher Education." SSRN Scholarly Paper. Rochester, NY: Social Science Research Network, May 8, 2013. http://papers.ssrn.com/abstract=2156058.

[10] Sangvinatsos, Antonios A. "Explanatory and Predictive Analysis of Corporate Bond Indices Returns." SSRN Scholarly Paper. Rochester, NY: Social Science Research Network, June 1, 2005. http://papers.ssrn.com/abstract=891641.

[11] Barocas, Solon, and Andrew D. Selbst. "Big Data's Disparate Impact." SSRN Scholarly Paper. Rochester, NY: Social Science Research Network, February 13, 2015. http://papers.ssrn.com/abstract=2477899.

[12] Joh, supra note 1.

[13] US Environmental Protection Agency. "How We Use Data in the Mid-Atlantic Region." US EPA. Accessed November 6, 2015. http://archive.epa.gov/reg3esd1/data/web/html/.

[14] See here for details of blackroom.

[15] Joh, supra note 1, at pg 48.

[16] Perry, Walter L., Brian McInnis, Carter C. Price, Susan Smith and John S. Hollywood. Predictive Policing: The Role of Crime Forecasting in Law Enforcement Operations. Santa Monica, CA: RAND Corporation, 2013. http://www.rand.org/pubs/research_reports/RR233. Also available in print form.

[17] Ibid, at pg 2.

[18] Chan, Sewell. "Why Did Crime Fall in New York City?" City Room. Accessed November 6, 2015. http://cityroom.blogs.nytimes.com/2007/08/13/why-did-crime-fall-in-new-york-city/.

[19] Bureau of Justice Assistance. "COMPSTAT: ITS ORIGINS, EVOLUTION, AND FUTURE IN LAW ENFORCEMENT AGENCIES," 2013. http://www.policeforum.org/assets/docs/Free_Online_Documents/Compstat/compstat%20-%20its%20origins%20evolution%20and%20future%20in%20law%20enforcement%20agencies%202013.pdf.

[20] 1996 internal NYPD article "Managing for Results: Building a Police Organization that Dramatically Reduces Crime, Disorder, and Fear."

[21] Bratton, William. "Crime by the Numbers." The New York Times, February 17, 2010. http://www.nytimes.com/2010/02/17/opinion/17bratton.html.

[22] RAND CORP, supra note 16.

[23] RAND CORP, supra note 16, at pg 19.

[24] Joh, supra note 1, at pg 44.

[25] RAND CORP, supra note 16, pg 38.

[26] Ibid.

[27] RAND CORP, supra note 16, at pg 39.

[28] Ibid.

[29] RAND CORP, supra note 16, at pg 41.

[30] Data-Smart City Solutions. "Dr. George Mohler: Mathematician and Crime Fighter." Data-Smart City Solutions, May 8, 2013. http://datasmart.ash.harvard.edu/news/article/dr.-george-mohler-mathematician-and-crime-fighter-166.

[31] RAND CORP, supra note 16, at pg 44.

[32] Joh, supra note 1, at pg 45.

[33] Ouellette, Danielle. "Dispatch - A Hot Spots Experiment: Sacramento Police Department," June 2012. http://cops.usdoj.gov/html/dispatch/06-2012/hot-spots-and-sacramento-pd.asp.

[34] Pitney Bowes Business Insight. "The Safer Derbyshire Partnership." Derbyshire, 2013. http://www.mapinfo.com/wp-content/uploads/2013/05/safer-derbyshire-casestudy.pdf.

[35] Ibid.

[36] Daniel B Neill, Wilpen L. Gorr. "Detecting and Preventing Emerging Epidemics of Crime," 2007.

[37] RAND CORP, supra note 16, at pg 33.

[38] Joh, supra note 1, at pg 46.

[39] Paul, Jeffery S, and Thomas M. Joiner. "Integration of Centralized Intelligence with Geographic Information Systems: A Countywide Initiative." Geography and Public Safety 3, no. 1 (October 2011): 5-7.

[40] Mohler, supra note 30.

[41] Ibid.

[42] Moses, B., Lyria, & Chan, J. (2014). Using Big Data for Legal and Law Enforcement
Decisions: Testing the New Tools (SSRN Scholarly Paper No. ID 2513564). Rochester, NY: Social Science Research Network. Retrieved from http://papers.ssrn.com/abstract=2513564

[43] Gorner, Jeremy. "Chicago Police Use Heat List as Strategy to Prevent Violence." Chicago Tribune. August 21, 2013. http://articles.chicagotribune.com/2013-08-21/news/ct-met-heat-list-20130821_1_chicago-police-commander-andrew-papachristos-heat-list.

[44] Stroud, Matt. "The Minority Report: Chicago's New Police Computer Predicts Crimes, but Is It Racist?" The Verge. Accessed November 13, 2015. http://www.theverge.com/2014/2/19/5419854/the-minority-report-this-computer-predicts-crime-but-is-it-racist.

[45] Moser, Whet. "The Small Social Networks at the Heart of Chicago Violence." Chicago Magazine, December 9, 2013. http://www.chicagomag.com/city-life/December-2013/The-Small-Social-Networks-at-the-Heart-of-Chicago-Violence/.

[46] Lester, Aaron. "Police Clicking into Crimes Using New Software." Boston Globe, March 18, 2013. https://www.bostonglobe.com/business/2013/03/17/police-intelligence-one-click-away/DzzDbrwdiNkjNMA1159ybM/story.html.

[47] Stanley, Jay. "Chicago Police 'Heat List' Renews Old Fears About Government Flagging and Tagging." American Civil Liberties Union, February 25, 2014. https://www.aclu.org/blog/chicago-police-heat-list-renews-old-fears-about-government-flagging-and-tagging.

[48] Rieke, Aaron, David Robinson, and Harlan Yu. "Civil Rights, Big Data, and Our Algorithmic Future," September 2014. https://bigdata.fairness.io/wp-content/uploads/2015/04/2015-04-20-Civil-Rights-Big-Data-and-Our-Algorithmic-Future-v1.2.pdf.

[49] Edmond, Deepu Sebastian. "Jhakhand's Digital Leap." Indian Express, September 15, 2013. http://www.jhpolice.gov.in/news/jhakhands-digital-leap-indian-express-15092013-18219-1379316969.

[50] Jharkhand Police. "Jharkhand Police IT Vision 2020 - Effective Shared Open E-Governance." 2012. http://jhpolice.gov.in/vision2020. See slide 2

[51] Edmond, supra note 49.

[52] Edmond, supra note 49.

[53] Kumar, Raj. "Enter, the Future of Policing - Cops to Team up with IIM Analysts to Predict & Prevent Incidents." The Telegraph. August 28, 2012. http://www.telegraphindia.com/1120828/jsp/jharkhand/story_15905662.jsp#.VkXwxvnhDWK.

[54] Ibid.

[55] Ibid.

[56] Ibid.

[57] See supra note 49.

[58] See here for Jharkhand Police crime dashboard.

[59] Lavanya Gupta, and Selva Priya. "Predicting Crime Rates for Predictive Policing." Gandhian Young Technological Innovation Award, December 29, 2014. http://gyti.techpedia.in/project-detail/predicting-crime-rates-for-predictive-policing/3545.

[60] Gupta, Lavanya. "Minority Report: Minority Report." Accessed November 13, 2015. http://cmuws2014.blogspot.in/2015/01/minority-report.html.

[61] See supra note 59.

[62] See here for details about 44th All India Police Science Congress.

[63] India, Press Trust of. "Police Science Congress in Gujarat to Have DRDO Exhibition." Business Standard India, March 10, 2015. http://www.business-standard.com/article/pti-stories/police-science-congress-in-gujarat-to-have-drdo-exhibition-115031001310_1.html.

[64] National Crime Records Bureau. "About Crime and Criminal Tracking Network & Systems - CCTNS." Accessed November 13, 2015. http://ncrb.gov.in/cctns.htm.

[65] Ibid. (See index page)

[66] U.S. Const. amend. IV, available here

[67] United States v Katz, 389 U.S. 347 (1967) , see here

[68] See supra note 1, at pg 60.

[69] See supra note 1, at pg 60.

[70] Villasenor, John. "What You Need to Know about the Third-Party Doctrine." The Atlantic, December 30, 2013. http://www.theatlantic.com/technology/archive/2013/12/what-you-need-to-know-about-the-third-party-doctrine/282721/.

[71] Smith v Maryland, 442 U.S. 735 (1979), see here

[72] United States v Jones, 565 U.S. ___ (2012), see here

[73] Newell, Bryce Clayton. "Local Law Enforcement Jumps on the Big Data Bandwagon: Automated License Plate Recognition Systems, Information Privacy, and Access to Government Information." SSRN Scholarly Paper. Rochester, NY: Social Science Research Network, October 16, 2013. http://papers.ssrn.com/abstract=2341182, at pg 24.

[74] See supra note 72.

[75] Dahyabhai Chhaganbhai Thakker vs State Of Gujarat, 1964 AIR 1563

[76] See supra note 16.

[77] See supra note 66.

[78] Brinegar v. United States, 338 U.S. 160 (1949), see here

[79] Terry v. Ohio, 392 U.S. 1 (1968), see here

[80] Ferguson, Andrew Guthrie. "Big Data and Predictive Reasonable Suspicion." SSRN Scholarly Paper. Rochester, NY: Social Science Research Network, April 4, 2014. http://papers.ssrn.com/abstract=2394683, at pg 287. See also supra note 79.

[81] See supra note 80.

[82] See supra note 80.

[83] See supra note 80.

[84] See supra note 80, at pg 289.

[85] Illinois v. Gates, 462 U.S. 213 (1983). See here

[86] See Alabama v. White, 496 U.S. 325 (1990). See here

[87] See supra note 80, at pg 291.

[88] See supra note 80, at pg 293.

[89] See supra note 80, at pg 308.

[90] Ibid.

[91] Ibid.

[92] Larissa Cespedes-Yaffar, Shayona Dhanak, and Amy Stephenson. "U.S. v. Mendenhall, U.S. v. Sokolow, and the Drug Courier Profile Evidence Controversy." Accessed July 6, 2015. http://courses2.cit.cornell.edu/sociallaw/student_projects/drugcourier.html.

[93] Ibid.

[94] United States v. Sokolow, 490 U.S. 1 (1989), see here

[95] See supra note 80, at pg 295.

[96] See supra note 80, at pg 297.

[97] See supra note 80, at pg 308.

[98] See supra note 80, at pg 310.

[99] See supra note 11.

[100] See supra note 11.

^{^[101]} See supra note 80, at pg 303.

[102] See supra note 80, at pg 300.

[103] Illinois v. Wardlow, 528 U.S. 119 (2000), see here

[104] Ibid.

[105] See supra note 80, at pg 301.

[106] Ibid.

[107] See supra note 1, at pg 42.

[108] See supra note 80, at pg 303.

[109] See supra note 80, at pg 303.

[110] Ibid.

[111] Ibid.

[112] Ibid.

[113] See supra note 80, at pg 312.

[114] See supra note 80, at pg 317.

[115] See supra note 80, at pg 319.

[116] See supra note 80, at pg 321.

[117] Section 165 Indian Criminal Procedure Code, see here

[118] Gulab Chand Upadhyaya vs State Of U.P, 2002 CriLJ 2907

[119] Section 41 Indian Criminal Procedure Code

[120] See supra note 79

[121] State of Punjab v. Balbir Singh. (1994) 3 SCC 299

[122] Ibid.

[123] Section 41 and 42 in The Narcotic Drugs and Psychotropic Substances Act 1985, see here

[124] Partap Singh (Dr) v. Director of Enforcement, Foreign Exchange Regulation Act. (1985) 3 SCC 72 : 1985 SCC (Cri) 312 : 1985 SCC (Tax) 352 : AIR 1985 SC 989

[125] Ibid, at SCC pg 77-78.

[126] See supra note 121, at pg 313.

[127] Carlson, Mr David. "Exclusionary Rule." LII / Legal Information Institute, June 10, 2009. https://www.law.cornell.edu/wex/exclusionary_rule.

[128] Ibid.

[129] Mapp v Ohio, 367 U.S. 643 (1961), see here

[130] Ibid.

[131] Busby, John C. "Fruit of the Poisonous Tree." LII / Legal Information Institute, September 21, 2009. https://www.law.cornell.edu/wex/fruit_of_the_poisonous_tree.

[132] Silverthorne Lumber Co., Inc. v. United States, 251 U.S. 385 (1920), see here.

[133] Beck v. Ohio, 379 U.S. 89 (1964), see here.

[134] State of Maharashtra v. Natwarlal Damodardas Soni, (1980) 4 SCC 669, at 673.

[135] Ibid.

[136] Radhakishan v. State of U.P. [AIR 1963 SC 822 : 1963 Supp 1 SCR 408, 411, 412 : (1963) 1 Cri LJ 809]

[137] Ibid, at SCR pg 411-12.

[138] Shyam Lal Sharma v. State of M.P. (1972) 1 SCC 764 : 1974 SCC (Cri) 470 : AIR 1972 SC 886

[139] See supra note 135, at page 674.

[140] See supra note 119, at para. 10.

[141] See supra note 121, at pg 309.

[142] State of Punjab v. Wassan Singh, (1981) 2 SCC 1 : 1981 SCC (Cri) 292

[143] See supra note 121, at pg 309.

[144] Sunder Singh v. State of U.P, AIR 1956 SC 411 : 1956 Cri LJ 801

[145] See supra note 121, at pg 309.

[146] Matajog Dobey v.H.C. Bhari, AIR 1956 SC 44 : (1955) 2 SCR 925 : 1956 Cri LJ 140

[147] See supra note 121, at pg 309.

[148] R v. Sang, (1979) 2 All ER 1222, 1230-31

[149] See supra note 121, at pg 309.

[150] Ibid.

[151] Ibid.

[152] Harlow, Carol, and Richard Rawlings. Law and Administration. 3rd ed. Law in Context. Cambridge University Press, 2009.

[153] R.M. Malkani v. State of Maharashtra, (1973) 1 SCC 471

[154] Kuruma, Son of Kanju v. R., (1955) AC 197

[155] See supra note 154, at 477.

[156] Indian Const. Art 15, see here

[157] Ibid.

[158] See supra note 11.

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Information about Schemes for Disabled Persons in Haryana

praskrishna — 2013-03-14T05:47:25Z

Find below copies of the notifications received from the Government of Haryana regarding schemes and policies for persons with disabilities.

HARYANA GOVERNMENT

SOCIAL WELFARE DEPARTMENT HARYANA

No. GA.I SW. 71, Dated, Chandigarh

The Governor of Haryana is pleased to make the following rules for the administration of the two blind institutions; namely (i) Government Institute for the Blind, Panipat and (ii) Training Centre for the Adult Blind Sonipat . These rules shall come into operation with immediate effect.
The aim of these rules is to regulate the administration of the blind institutions referred above in order to provide maintenance, education and training to such of the blind children and adults who do not have adequate mans for the maintenance, Education or training so as to enable them to become self sufficient, The sanctioned capacity of each Home shall be 100 or such other number as may be fixed by Government from time to time.
(i) The following categories of persons shall be eligible for admission to these institutions:-
(a)   Blind children of the age group of 6-18 in the Government Institute for the Blind, Panipat, and
(b)   Adult blinds of the age group of 16-40 years in the Training Centre for the Adult Blind, at Sonepat.
Provided that the monthly income of parents of such boys/adults do not exceed RS. 500/- p.m where the income of a parents/guardian exceeds the prescribed limit, admission shall be allowed if the parents/guardians fare willing to pay maintenance charges of the boys at the rate of RS. 30/- p.m.
(ii)   Admission to these institutions shall be open to the persons belonging to the State of Haryana or those who have domiciled and have resided in the State for the past six months or over.
Application for admission to these Homes shall be submitted in form Annexure A’ by the father or guardian of the intending applicant which shall be accompanied with the following documents, to the Deputy Commissioners or S.D.O (Civil) or Tehsildars concerned. The requisite application from shall be obtainable fee of charge from any of the aforementioned authorities or the office of the Director, Social Welfare Haryana, Chandigarh.
(i)   A certificate from a Government Doctor stating that the applicant is blind within the meaning of the following definitions;
(ii)   Total absence of sight;
(iii)   Visual equity not exceeding 3/60 or 10/200 (Snellen) in the better eye with correcting lenses.
It shall be the responsibility of the Authorities mentioned in par 4 above to carry out detailed enquiries into the financial position of each applicant and into other particulars given in the application form. These authorities shall forward the application with their detailed recommendations to the Director, Social Welfare. The application received in the Social Welfare Directorate shall be registered.
The Director Social Welfare shall be the authority competent to Sanction or reject the request for admission on the basis of the recommendations made by the local officers mentioned in para 4 above or such other authority as the sanctioning authority may consider appropriate. Decision of the Director, Social Welfare shall be final.
The persons admitted into the Government institutions for Blind, Panipat shall be eligible for maintenance up to the age of 16 years or till they complete their education upto middle standard, which ever is earlier, while those admitted into the Training Centre for the Adult Blind, Sonepat shall eligible for maintenance/training for a period of 2 years form the date of their admission. Extension in the period of maintenance in the Tanning centre for the Adult Blind beyond the limit of 52 years shall be allowed six months by the Director, Social Welfare.
All those who are allowed admission to these Homes shall be provided with free food, care, education or training. Medical aid and other facilities as are essentially required. The maintenance chares which are presently Rs. 22.50 per menses per head can be reduced or increased according to prevailing conditions.
The amount of maintenance charges from the inmates whose parents/Guardians have a monthly income exceeding Rs. 500/- p.m. shall be recoverable as in Rule 3 above, each month is advance and the amount thus realized shall be credited into Government Treasury under the appropriate receipt head of account.
The inmates of the Government Institute for the Blind, Panipat, who after passing their Middle Standard Examination want to continue their studies in other local schools functioning in the State, will be granted a monthly scholarship of Rs. 70/ p.m. per head, to cover their educational, boarding and lodging expenses etc till they complete their education upto metric or Higher Secondary Part II, provided a student is below the age of 24 years.
The Director, Social Welfare, Haryana will be the authority competent to sanction or reject the request for scholarship . Decisions of the Director, Social Welfare, Haryana shall be final.
A scholarship shall normally be cancelled if the scholar fails to pass in an annual examination of if his/her progress continues to be unsatisfactory for a periods of one year in spite warning.
In the case of renewal of scholarship of the succeeding year, scholarship will be paid from the months following that for which the scholarship was paid during the previous academic year.
The scholarship will be available form the date of admission up to the months of annual final examination for the first academic year.
These rules have been framed in consultation with the Finance Department vide the U.O advice No. ____________________________________ dated__________________________.

Sd/-
Secretary to Government, Haryana. Social Welfare Department.

DIRECTORATE OF SOCIAL WELFARE,
HARYANA, NOTIFICATION

No. 1971 /DDSW-GA-II/71 The Governor of Haryana is pleased make the following rules namely “Scholarships to the physically handicapped” which will come into force wit effect from Ist April, 1968. These rules are incorporating the amendments made from time to time and shall be applicable throughout the State of Haryana.

DEFINITIONS

The blind are those who suffer from the following conditions:-

The Blind

a) Total absence of sight.

b) Visual acuity not exceeding 3/60 to 10/200 (Sheller ) in the better eye with correcting.

The Deaf

The deaf are those in whom the sense of hearing is on functional for the ordinary purpose in life.

The Orthopaedically Handicapped

The orthopaedically handicapped are those who have a physical defect or deformity which cause an interference with the normal functioning of the bones, muscles and joints.

2. AIMS AND OBJECTS

The main purpose of these scholarships is to assist physically handicapped persons to secure such edu.cation, technical or professional training as would enable them to earn a living and become useful member or Society.

3. SUBJECT OF SCHOLARSHIPS

a) The Blind students upto the age of 20 years shall be eligible for scholarships for general education upto Metric/Higher Secondary.
b) The deaf. The Dear students upto the age of 20 years shall be eligible for scholarships for general education upto Metric/Higher Secondary.
c) The Orthopaedically Handicapped. The Orthopaedically Handicapped students upto the age of 20 years shall be eligible for scholarships upto Matric/ Higher Secondary stage. For further education the stipends are granted by the Government of India, Department of Social Welfare. The rate of Scholarships will be as under:-

4. Rate of Scholarships pear month.

Category of

1.8.72
Handicapped

Existing rates
Upto From High/ Pri- 5^th to Higher marry Middle Secondary
(From standard Ist to 4^th Class)

Revised rates w.e.f
Upto from High/ Primary 5^th Higher (From Middle Secondary Ist to Stand Classes. 4^th Class.)

i) Deaf & Dumb	Rs.35/-	Rs. 40/-	Rs. 45	40/-	45/-	50/-
ii) Orthopaedically handicapped	Rs.35/-	Rs. 40/-	Rs. 50/-	40/-	45/-	50/-
iii) Blind	Rs. 35/-	Rs. 50/-	Rs.70/-	45/-	55/-	75/-

Note:- There is no school for deaf & Dumb in Haryana State, the scholarships shall be paid to such students who shall received education in the schools/ institutions outside the Haryana State.

5. CONDITIONS.

A)      The candidate applying for scholarships under this scheme shall be resident of Haryana State and shall be blind, dear or orthopaedically handicapped as defined in rule I.
B)   Scholars selected for a scholarship under this scheme shall not be on receipt of assistance from any other Voluntary or State / Central source either in cash or by way of free board or lodging. Exemptions from fees shall not, however, be taking into account. Before the amount of scholarships is actually released, the father/guardians will have to be furnished a certificate in the prescribed form (Appendix A) duly attested by Gazetted Officer in the State or Central Government or by a first Class Magistrate.
C)   Scholarships under this scheme shall be tenable to any educational institutions recognized or approved by the State Governments or affiliated to a University. No scholarship under this scheme shall be awarded for study outside the State.
D) The Government will have the power to relax the conditions of grant of scholarships where it considers that a particular rule operates harshly upon a student in any way.

6. APPLICATIONS.

A) Applications shall be invited by the Director, Social Welfare Haryana, through announcements in the press. All applications should be made in the prescribed form (Appendix) B( ) and should reach the Director, Social Welfare, Haryana, by the date prescribed.
B) Preference shall be given to candidate who are already studying in recognised education institutions. The applications should be forwarded through the Heads of the Institutions in which the candidate is studying.

7. DOCUMENTS TO ACCOMPANY EACH APPLICATION
Every application shall be accompanied by the following documents.

a) MEDICAL CERTIFICATE.
A certificate that he applicant is blind, deaf or orthopaedically handicapped within the manning of the definition given in the rules from a registered medical practioner. If an applicant is selected, he shall be required to produce a Medical Certificate ( Appendix C-I, C-II, C-III) from a Government or private eye specialist, E.N.T. Specialist or orthopaedic surgeon as the case may be.

b) INCOME CERTIFICATE
A certificate in from Appendix upto from a Revenue officer not below the rank of Naib Tehsildar or any other officer of equivalent status, or an affidavit attested by first Class Magistrate or a certificate from a Gazetted Officer indicating the monthly income of both the parents or guardians of the scholar. The rate of scholarship from the various income groups is under:-

Income of both parents /guardians	Rate of scholarship
Upto Rs. 500/- P.M.	Full Rate
Between Rs. 501/- to 750/- P.M.	Two third rate (2/3)
Between Rs. 751/- to Rs. 1,000/-	Half Rate (1/2)

No. scholarship shall be paid to a candidate in case the monthly combined monthly income of this/ her parents/ guardians exceeds Rs. 1,000/

c ) EVIDENCE OF AGE

Any of the following shall be accepted as an evidence of age.

CERTIFICATE FROM

I) The Head of the educational institution last attended.

II) a gazetted officer.

III) a member of the State legislature, or

IV) an affidavit attested by a First Calls Magistrate.

Note:- At the time of applying for the grant of scholarship for the first time the Medical Certificate will be required and thereafter no Medical Certificate will be required for the subsequent years.

8. AWARDS
A) All application shall be considered by the Social Welfare Directorate. The orders of the Director, Social Welfare, regarding the grant of scholarships or rejection or suspension, through final, shall be subject to appeal to the Government.
B) Every selected scholar shall be informed of the duration for which he has been awarded a scholarship. The scholarships shall normally be available for the completion of Matric/ Higher Secondary Education subject to the availability of funds and to the scholars satisfactory conduct and progress.

9. PAYMENT
The Scholarship will be available from the month of admission upto the month of annual /final examination for the first academic year.

PROVIDED THAT:-

I) If a scholar joins an institution on or before the 20^th day of a month full scholarship money will be paid to him/ her for that month. But if he/ she joins the institution after the 20^th day of the month, no scholarship money will be paid to him/ her for that month.
II) In the case of renewal of scholarship for the succeeding year scholarship will be paid from the month following that for which the scholarships was paid during the Previous academic year.
III) The Head of the Institution shall obtain from the scholarship stamped receipt (Appendix Age) in duplicate in taken of having received the amount and shall forward a copy thereof to the Director, Social Welfare, Haryana, Chandigarh by the 10^th of each month for record.
IV) In case of misutilisation of any grant, Government shall reserve the right or recovering the same.

10. LEAVE DUE TO ILINESS.
a) For continue absence for a periods not exceeding three months. the scholarships shall be paid in full provided the request for leave is supported by a certificate from a registered medical practitioner.

11. PROGRESS REPORT
a) The Head of the Institution shall forward to the Director, Social Welfare, Haryana, Chandigarh, separately in respect of every scholar in his/her charge a quarterly progress report in the form given in Appendix age.
b) If the progress of a scholar is not satisfactory it shallow, be responsibility of the Head of the Institution where the scholar is studying to issue monthly warnings to him/ her to the effect that unless the scholar improve is/ her scholarship shall be cancelled.

12. RENEWAL AND CANCELLATIONS
a) A scholarship shall normally be cancelled if the scholar fails to pass in an annual examination of if his/ her progress continues to be unsatisfactory for a period of one year inspire warnings.
b) It shall be discretion of the Director, Social Welfare, Haryana, to renew the scholarship for such period as he considers fit if it is found that the failure of a scholar or his/ her unsatisfactory progress was due to circumstances beyond, his/ her control. Such renewals shall normally be made on the advice or the Head or the Institutions where the scholar is studying.

13. GENERAL
The State Government reserve the right to amount these rules without notice.

Sd/-
Secretary to Government, Haryana
Social Welfare Deptt.

The Financial Commissioner, & Secretary to Govt. Haryana, Social welfare Department.

The Director,
Social Defence & Security Department,
Haryana, Chandigarh.

No. 992 SW-(3)/93
Chandigarh, dated the 13/5/93

Subject:- Grant of scholarship under state sector- Amendments therein.

In continuation of Haryana Govt. Social Welfare Deptt. Sanction order No. 3924- SW-(I)-85 dated 25.10.85 on the subject.

Sanction of Governor of Haryana is hereby accorded to amend the rules and income criteria under the scheme scholarship to physically handicapped students under state sector who are receiving education in various Govt. / recognised educational institutions in the state under subject to the condition that the expenditure involved would be met from the savings of the department :-

Rule-I:- Definitions The blind are those who suffer from the flowing.

The Blind conditions:

a) Total absence of sight.

b) Visual acuity not exceeding 3/60 to 10/200 (Snallen in the better eye with correcting lenses.

The Deaf: The deaf are those whom the sense of hearing is non functional for the ordinary purpose in life.

Orthopaedically The orthopaedically handicapped are those who handicapped. have physical defect or deformity which cause an interference with the normal functioning of bones, musicales and joints.

(Scholars having disability less than 40% will not be awarded scholarship.

Rule-6(i) Rule-6 may be under as rule 6(i)

Rule (ii) Corse of studying:

a) The education from Ist class to Middle standard is divided into tow study courses i.e. from Ist Primary class to Vth class VIth to class VIIIth (Primary and Middle courses respectively)

b) The students will apply only once in a particular course of study for scholarship n particular class and will continue to receive scholarship on the basis of the annual Progress Report till the completion of the particular course of study. He/she will have to the particular course of study. He/ she will have to apply afresh only on the change of course of study i.e. in 6^th class (Middle course of study).

Rule-7: Documents to accompany each application.
Evert application shall be accompanied by the following documents at the start of the particular course of study i.e. from Ist class and VIth class.

b) A certificate in form (Appendix-D) from a Revenue officer not below the rank of Naib Tehsildar or any other officer of equivalent status, or an affidavit attested by a Ist class Magistrate or a certificate from a Gazetted officer indicating the monthly income of both the parents or the Guardians of the scholar. The rate or the Guardians of the scholar. The rate of scholarship for the various income groups is as under:-

Sr. No.	Income of both the parents	Rate of scholarship per month.
1	Income upto Rs. 4000/- P.M.	Full rate
2	Income above Rs. 4000/- P.M.	No scholarship will be awarded.

No scholarship will be awarded to a candidate in case of monthly combined income of his/ her parents/ guardians exceeds Rs. 4000/- per month.

Rule 11. Progress Report

a) The Head of the Institution shall forward to the Director, Social Defence & Security, Haryana, Chandigarh Separately in the succeeding year of the course of study i.e. 2^nd,3^rd, 4^th and 5^th year of the primary course of study ad in VII and VIII the year of the Middle course of study in respect of every scholar in his/ her Annual Progress Report of every scholar in his/ her Annual Progress Report in the form given in appendix- F (Revised Performa attached.

3. The expenditure involve would be debatable out of the following head of accounts:

i) “2235- Social Security & Welfare -02- Social Welfare- Part-I-State Pla Scheme-101- Welfare of Handicapped Social Defence & Security Directorate-(i) – Scholarship to physically handicapped students – scholarships.”

ii) “2235-Social Security & welfae-02- Social Welfare- 101- Welfare of handicapped – Social Defence & Security Directorate-(v) – Scholarships to physically handicapped students scholarship-Non-Plan.”

This issues with the concurrence of Finance Department conveyed vide their U.O. No. 1/122/85-FG/2841 dated 18.12.92.

Sd/-

Joint Secretary, for Financial Commissioner & Secy. to Govt.Haryana, Social Welfare Department.

Endst. No. 992/SW/-(I)- 97, Chandigarh the 13/5/93

A copy as above is forwarded for information and necessary action to the:-

Accountant General ( A&E) , Haryana, Chandigarh.
Accountant General (Audit), Haryana, Chandigarh.
All District Social Welfare Officers in the State.

Sd/-

Joint Secretary, for Financial Commissioner & Secy. to Govt. Haryana, Social Welfare Department.

From

The commissioner & Secy. to Govt. Haryana.
Social Welfare Department.

The Director,
Social Defence & Security Department,
Haryana, Chandigarh.

Memo No. 1508 SW/Dated, Chandigarh the 1-8-94

Subject:- Grant of Scholarship under State Sector- Amendments there of.

In continuation of Haryana Govt. Social Welfare Deptt. sanction order NO. 992-SW(i)/93, dated 13.5.93 on the subject.

Sanction of the Governor of Haryana is hereby accorded to amend the Rules under the Scheme “ Scholarships to Physically Handicapped Students under State Sector who are receiving education in various Govt. / recognized Educational Institutions in the State, as under, subject to the condition that he expenditure involved would be met from the savings of the Department:-

Rules -9 payment

The scholarship will be available to each students from the month of April to the month of March i.e. for full academic years, subject to the condition that fee is paid for full academic year.

provided that

(i) & (ii) deleted.

(iii) The head of the Institution shall obtain from the scholar stamped receipt ( Appendix ‘E’) in duplicate in taken of having received the amount and shall forward a copy there of to the District Social Welfare officer of the respective district by the 10^th of the next month, for record.

(iv) No Change.

Sd/-

Joint Secretary, for Commissioner & Secy. to Govt. Haryana
Social Welfare Department.

Endst. NO. Dated, Chandigarh the

A copy is forwarded to the following for information and necessary action:-

1. Accountant General ( A&E) Audit) Haryana, Chandigarh.

2. All District Social Welfare officer in the Haryana.

Sd/-

Joint Secretary,

for Commissioner & Secy. to Govt. Haryana

Social Welfare Department.

TO BE SUBSTITUTED BEARING SAME NO. & DATE.

From

The Commissioner & Secy. to Govt. Haryana.
Social Welfare Department.

The Director,
Social Defence & Security Department,
Haryana, Chandigarh.

Memo NO. 758-SW(1) 95
Dated, Chandigarh, 31-3-95

Subject:- Grant of Scholarship to the Physically Handicapped students from Ist class to and the class to higher studies.

In continuation of Haryana Government Social Welfare Department sanction order No. 8550-53-GA-ii (SW-72 dated 2.8.72 and Memo No. 3924-SW(1)-85, dated 25.10.85, No. 992- SW(1)93, dated 13.5.93 and NO. 1258-SW(1)94, dated 13.694, sanction of the Governor of Haryana is herby accorded to revise the rates of scholarship to the physically Handicapped students receiving education in the various Govt. / Recognised Schools/ Colleges in the State with effect from 1.10.94 as desired by P.A.C. as under, subject to the condition that the expenditure involved on this account would be met from the savings of the department:-

Rates of Scholarship from Ist Class to VIII Class.

Sr. No.	Nature of the Disability		Upto Primary Class from Ist to IV Class & V Class	Upto Middle from VI Class to 8^th Class.
1	Deaf & Dumb	Rs. 100/-	120/-	120/-
2	Orthopeadically	Rs. 100/-	120/-	120/-
3	Blind	Rs. 100/-	150/-	150/-
4	Mentally Retarded Children	Rs. 100/-	100/-	100/-

Rates of Scholarship from IX Class to Higher studies

Type of Courses	Rates of Scholarship per month for day scholars	Rates for month hostellers	Readers allowance for Visually6 Handicapped only pr month
Class IX, X Pre- University Course and IA/ SC	Rs. 125/-	Rs. 150/-	Rs. 50/-
BA/B.Sc. / B.Com. etc.	Rs. 200/-	Rs. 225/-	75/-
B.E/ B.Tech./ M.B.B.S./L.L.B./ B.Ed. Diploma in professional and Engineering Studies etc. in plan Training	Rs. 250/-	Rs. 300/-	Rs. 100/-
M.A./ M.Sc. / M. Com. L.L.M. / M Ed. etc.	Rs. 300/-	Rs. 400/-	Rs. 100/-

The expenditure involved would be debatable out of the saving under the head: “2235-Social Security & Welfare-02-Social Welfare (SDS-101-Welfare of Handicapped )- (iii) Scholarship to Physically Handicapped students –Non- Plan and

“2235-Social Security & Welfare- 02-Social Welfare (SDS)-101-Welfare of Handicapped Part-I-State Plan Scheme (i) Scholarship to physically Handicapped students Plan”

This issues with the concurrence of Finance Department conveyed of their U.O. No. 3/2/92/3FG-II/741 dated 31.3.95.

Sd/-

Joint Secretary for Commissioner & Secy. to Govt. Haryana,
Social Welfare Department.

From

The Commissioner & Secy. to Govt. Haryana.
Social Welfare Department.

The Director,
Social Defence & Security Department,
Haryana, Chandigarh.

Memo NO. 219-SW(1) 96
Dated, Chandigarh, 31-2-96

Subject:- Enhancement of Income Criteria of the parent / guardians from Rs. 2000/- to 6000/- per month for the grant of scholarships to Physically Handicapped students studying in the higher classes/ diploma course.

In continuation of Haryana Govt., Social Welfare Deptt. order No. 750-SW(1)-95, dated 31-3-95 the Governor of Haryana is pleased to increased income Criteria of the parents/guardians from RS. 2000/- to 6000/- per month for the grant of scholarships to physically handicapped students studying in the higher classes, diploma courses with effect from 1.4.95, (9^th class onward.)

2. This issues with the concurrence of Finance Deptt. conveyed vide their U.O. No 3/2/92-3FG-II/2610, dated 4.1.96.

Sd/- Joint Secretary

for Commissioner & Secy. to Govt. Haryana,
Social Welfare Department.

Endst. No. 219-SW(1) -96 Dated, 13.2.96

A copy is forwarded to the following for information for a necessary action:-

Accountant General (ASE/ AUDIT), Haryana, Chandigarh.
All Deputy Commissioner in the Haryana state.
All District Social Welfare Officers in the Haryana Sate.
All Deputy Director at Head Quarter.
All Superintendent at Head Quarter.
Senior Accounts Officer, Head Quarter.

Sd/- Joint Secretary
for Commissioner & Secy. to Govt. Haryana, Social Welfare Department.

From

The Commissioner & Secy. to Govt. Haryana.
Social Welfare Department.

The Director,
Social Defence & Security Department,
Haryana, Chandigarh.

Memo NO. 3422-SW(1) 2002
Dated, Chandigarh, 25.11.2002

Subject:- Enhancement in the rates of Scholarships for Blind students Hostlers & Readers allowance to Blind students studying in the higher classes, diploma course w.e.f. 1.11.2002

In continuation of Haryana Govt. Social Welfare Department order No. 758-SW(1) 95 dated 31.3.95 and 219 SW(1) 96 dated 13.2.96. The Governor of Haran is pleased to increase the rates of scholarships (Hostlers & Reader’s allowances) to only blind students studying in the higher classes, diploma course w.e.f 1. 11..2002 (9^th class onwards) as under:-

Rates of scholarship from 9^th class to higher studies.

Rates of Scholarship

1	2	3	4
Type of Course	Rate per month for day scholars Not revised	Rate per month for hostellers Revised w.e.f. 1.11.02 (only for Blinds)	Readers allowance for Visually (blinds) Handicapped only per month

1. Class IX, X, Pre-University Course and I.A./I.Sc.	125/-	300/-	150/-
2. B.A/ B.Sc / B.Com. etc.	200/-	400/-	200/-
3. B.Ed/ B.Tech. / MBBS/ L.L.B/ B.Ed. Diploma in Professional and Engineering studies etc./ In Plan training	250/-	500/-	250/-
4. M.A/ M. Sc/ M.Com/ LLM/ M.Ed etc.	300/-	500/-	250/-

The expenditure would be debatable out of saving under the head “ 2235- Social Security & Welfare -02 Social Welfare- 101-Welfare of Handicapped- (iv) Scholarship to Physically Handicapped students Non Plan (SJE)” and “ 2235—Social Welfare -101- Welfare of Handicapped Part I State.

Plan Scheme – (iii Scholarship to Physically Handicapped students Plan (SJE).

The issues with concurrence of Finance Department conveyed vide of their U.O. No. 3292 3 FG II(2397) dated 29.10.02

Sd/-
Joint Secretary for Commissioner & Secy. to Govt. Haryana,
Social Welfare Department.

Endst. No. 3422- SW(1) 2002 dated 25.11.2002

Accountant forward to the following for information & necessary action:-
1.    Accountant General ( A&E Audit, Haryana, Chandigarh.
2.    All Deputy Commissioners in the Haryana State.
3.    All Distt. Social Welfare Officers in the Haryana State.
4.    All Deputy Director at Headquarter.
5.    Senior Accounts Officer Head Quarter.

Sd/-
Joint Secretary for Commissioner & Secy. to Govt. Haryana, Social Welfare Department.
A copy is forwarded to the Finance Commissioner & Secretary to Govt. Haryana Finance Department with reference to his U.O.No 3292 3 FG II(2397) dated 29.10.02 F.G.
Sd/-
Joint Secretary for Commissioner & Secy. to Govt. Haryana, Social Welfare Department.

To
Financial Commissioner Secretary Govt.
Haryana Finance Department
No. 3422   SW(1) 2002 dated 25.11.2002

From

The Financial Commissioner & Principal Secretary,
to Govt. Haryana, Social Justice & Empowerment Department.

To
The Director, Social Justice & Empowerment Department, Haryana.
Memo No. 483-SW(I)-10
Chandigarh, dated 20-10-2010.

Subject: Enhancement in the Rates of Scholarship and income criteria of the parents/guardians for the Handicapped Students.
In continuation of Haryana Govt. Social Justice & Empowerment Department letter No. 3422-SW(I)2001 dated 25-11-2002 and instructions issued thereof from time to time, the Governor of Haryana is pleased to increase the rates of scholarship to the physically Handicapped Students of Haryana State studying in various classes of various Govt./Recognized Schools, Colleges in the State w.e.f. 1-4-2010, as per details given below:-

Sr. No.	Type of class	Rates of Scholarship for day scholars per month	Rate of scholarship for hostellers per month	Reader allowance for visually handicapped only per month.
1	Class I-IV	300/-	-	-
2	Class-V-VIII	400/-	-	-
3	Class- IX-XII	500/-	600/-	300/-
4	B.A/B.Sc/B.Com	600/-	800/-	400/-
5	B.E/B.Tech./MBBS/LLB/B.Ed and diploma in professional & engineering studies etc.	800/-	1000/-	500/-
6	MA/MSC/M.Com/LLM/M.Ed/M.Tech, etc	1000/-	1000/-	500/-

2. The revised Rates of the scholarship will be subject to the condition that income criteria of the parents/guardians of handicapped students is hereby fixed Rs. 10,000/- p.m.

3. The expenditure involved would be debitable to the head"2235 Social Security and welfare-02-Social welfare (Social Justice & Empowerment Department Haryana) 101-Welfare of Handicapped-97(iv) Scholarship to Physically Handicapped Students-Non Plan 2010-11.

4. This issue with the concurrence of Finance Department conveyed vide their U.O. NO. 3/2/92-3FG-II/1950 dated 24-9-2010.

Sd/- Deputy Secretary,
Financial Commissioner & Principal Secretary, to Govt. Haryana,
Social Justice & Empowerment Department

Endst. NO. 483-SW(I) 2010 Chandigarh, dated the 20-10-2010

A copy of above is forwarded to the following for information and necessary action;-
1.    Accountant General (A&E)/Audit, Haryana, Chandigarh.
2.    Joint Director, at Headquarter.
3.    Chief Account Officer, Budget, at Headquarter.
4.    All District Social Welfare Officer in the State.

Sd/-
Deputy Secretary,
Financial Commissioner & Principal Secretary to Govt. Haryana,
Social Justice & Empowerment Department

A copy forwarded to the Financial Commissioner & Principal Secretary to Govt. Haryana, Finance Department with reference to his U.O. No. 3/2/92-3FG-II/1950 dated 24-9-2010.

Sd/-
Deputy Secretary,
Financial Commissioner & Principal Secretary, to Govt. Haryana,
Social Justice & Empowerment Department

To
The Financial Commissioner & Principal Secretariat to Govt. Haryana, Finance Department.
No. 483 -SW(1) 2010 Chandigarh, dated the 20-10-2010

From
The Financial Commissioner & Principal Secretary,
to Govt. Haryana, Social Justice & Empowerment Department.

To
The Director, Social Justice & Empowerment Department,
Haryana.

Memo No. 848-SW(4)-2011
Chandigarh, dated 28-11-2011.

Subject: Enhancement in the Rates of Scholarship and income criteria of the parents/guardians for the Handicapped Students.
In continuation of Haryana Govt. Social Justice & Empowerment Department letter No. 483-SW(I)2010 dated 20-10-2010 and instructions issued thereof from time to time, the Governor of Haryana is pleased to increase the rates of scholarship to the physically Handicapped Students of Haryana State studying in various classes of various Govt./Recognized Schools, Colleges in the State w.e.f. 2012-2013 as per details given below:-

Sr. No	Type of class	Rates of Scholarship for day scholars per month	Rate of scholarship for hostellers per month	Reader allowance for visually handicapped only per month
1	Class I-IV	400/-	-	-
2	Class-V-VIII	500/-	-	-
3	Class- IX-XII	600/-	600/-	300/-
4	B.A/B.Sc/B.Com	600/-	800/-	400/-
5	B.E/B.Tech./MBBS/LLB/B.Ed and diploma in professional & engineering studies etc	800/-	1000/-	500/-
6	MA/MSC/M.Com/LLM/M.Ed/M.Tech etc	1000/-	1000/-	500/-

2. The revised rates of the scholarship will be subject to the condition that income criteria of the parents/guardians of handicapped students is hereby fixed Rs. 10,000/- p.m.
3. The expenditure involved would be debitable to the head"2235 Social Security and welfare-02-Social welfare (Social Justice & Empowerment Department Haryana) 101-Welfare of Handicapped-97(iv) Scholarship to Physically Handicapped Students-Non Plan 2012-13.
4. The issued with the concurrence of Finance Department conveyed vide their U.O. NO. 3/2/92-3FG-II/1865 dated 18-10-2011.

Sd/-
Deputy Secretary,
Financial Commissioner & Principal Secretary, to Govt. of Haryana,
Social Justice & Empowerment Department

HARYANA GOVERNMENT
SOCIAL WELFARE DEPARTMENT

No. 1344- SW(1) -81:- The Governor of Haryana is pleased to formulate the following rules governing the scheme for the grant of Unemployment Allowance to the Physically Handicapped persons.

Objectives
It is observed that the Employment of the Handicapped is very meagre. The employers show reluctance to employ them even if the handicapped possess requisite qualifications. Their period of wait after the completion of education and training is also unduly long. In order to mitigate the economic difficulties faced by the handicapped, maintenance grant will be given to all the educated physically handicapped persons who are qualified to get jobs but are not able to find employment due to various reasons.
The department is also implementing a scheme for grant of educational scholarship to the blind. Financial assistance being given under the state Govt. and Govt. of India’s Scheme. The rate of unemployment allowance Rs. 50/- to matriculates, Rs. 100/- to Graduate / Diploma holders and Rs. 150/- to post-graduate will not in any way discourage the handicapped persons from seeking further education. This scheme is to be implemented with effect from 1-4-1981.

II-Eligibility
All educated unemployed, applicants shall be eligible for the grant of unemployment allowance who are physically handicapped in accordance with the criteria given in Appendix-I and are enrolled:-
(a) An applicant should not be availing of financial assistance under any pension, maintenance or scholarship scheme of the State or Central Government or from any other organisati0on or agency;
(b) State/ Central Govt. employees and also those of the public Sector understanding, local bodies and quasi-Govt. institutions, who may have been dismissed from service or are in receipt of pensions form such employers and persons convicted of cognisable offences involving moral turpitude shall not be eligible for the benefits under this scheme.

III- Rate of Unemployment Allowance.
The following shall be the rates for the payment of unemployment allowance:-
Matric Rs. 50/-P.M.
Graduate/Diploma Holders Rs. 100/-P.M.
Post Graduates Rs. 150/- P.M.

IV- Duration
Financial assistance will be given for a period of six year from the date of application or registration in the Employment.

V- Application for Unemployment Allowance.

Applications for Unemployment allowance shall be submitted to the Director, Social Welfare, Haryana, on the prescribed form as at Appendix –II, Applications will be processed and submitted in his office and the decision of the Director, Social Welfare, Haryana shall be final.

VI- Power to sanction Unemployment Allowance.

The power to sanction Unemployment Allowance shall vest in the Director, Social Welfare or an officer not below the rank of class II officer who may be delectated such authority by him.

VII- Stoppage or Recovery of the Unemployment Allowance

The authority empowered to sanction the Unemployment Allowance may:-

(a) Step the payment of the unemployment allowance to any recipient, if the said allowance is no more payable to any change in the circumstances in which the some was sanctioned:
(b) Withdraw or with held the payment of unemployment allowance if at any stage it is discovered that the unemployment allowance was not admissible in the first instance and it was sanctioned by mistake or an false information or in disregard of any condition subject to which it could be sanctioned. The amount of unemployment allowance already paid may also be recovered without prejudice to an action, whether civil or criminal to which the recipient may be liable.
ii) In the event of the death of the recipient the un-employment allowance shall cease to the payable and if the recipient died before receiving any payment the amount not disbursed shall lapse to the Government.
iii) If at any time, a money order retaining to the disbursement of the unemployment allowance is received back undelivered due to any reasons whatsoever, the amount shall be predicted to the Government account unless it is claimed person all by the recipient within on month of its receipt.

VIII- Remittance of unemployment allowance.

The unemployment allowance shall be remitted to the recipient by money order on quarterly basis at the cost of the Government.
XI- Unemployment Allowance not enforceable through court of law.
The unemployment allowance under these shall not be enforceable though the court of law.

X- Yearly affidavit.
To draw the unemployment allowance in a subsequent year, the handicapped will be required to give an affidavit at the beginning of every financial year that they contained to be unemployment.

TIRLOCHAN SINGH
Commissioner & Secretary Officer
Haryana Social Welfare Department

(Extract Haryana Government Gazette, dated the 5th December, 1995)

HARYANA GOVERNMENT

SOCIAL WELFARE DEPARTMENT

Notification

The 13^th November, 2003

No. 1935-SW(1) 95 In partial modification of Haryana Government, Social Welfare Department Notification No. 3144-SW(1) 81, dated the 7th December, 1981, the Governor of Haryana is pleased to amend para 3 of the rules governing the Scheme for the grant of unemployment allowance to the Physically Handicapped Persons with effect from Ist April, 1996 as under:-

(III) Rates of Unemployment Allowance

The following shall be the rates for the payment of unemployment allowance :-

1.      Matric/ Middle Pass Diploma Holder                           Rs.150/-
2.      Graduate/ Matric Pass Diploma Holder                       Rs. 200/-
3.       Post Graduate, Graduate Diploma Holder                   Rs. 250/-

3. This issues with the concurrence of Finance Department conveyed vide their U.O.No 1/88/95-3 FG-II/2374/01, dated 28th November, 2003.

VEENA EAGLETON,

Commissioner and Principal Secretary to
Government of Haryana, Social Welfare Department.

Extract Haryana Government Gazette, dated the 23rd December, 2003

HARYANA GOVERNMENT

SOCIAL WELFARE DEPARTMENT

Notification

The 8^th December, 2003

No. 3012-SW(1)2003. In partial modification of Haryana Government, Social Welfare Department Notification No. 3144-SW(1)81, dated the 7th December, 1981, the Governor of Haryana is pleased to increase the rates of unemployment allowance under para 3 of the rules governing the scheme Unemployment allowance to Educated Physically Handicapped Persons w.e.f. 3rd December, 2003 as under:-

(1) Rates of Unemployment Allowance

The following shall be the rates for the payment of unemployment allowance :-

1. Matric/ Middle Pass Diploma Holder Rs. 200/- p.m

2. Graduate/ Matric Pass Diploma Holder Rs. 250/- p.m.

3. Post Graduate, Graduate Diploma Holder Rs. 300/- p.m.

This issues with the concurrence of Finance Department conveyed vide their U.O.No 1/88/95-3 FG-II/2374/01, dated 28th November, 2003.

VEENA EAGLETON,
Financial Commissioner and Principal Secretary to Government of Haryana
Social Welfare Department
Chandigarh
The 28th November, 2003

Haryana Government Gazette, dated the 13^th February, 2007

HARYANA GOVERNMENT

SOCIAL WELFARE DEPARTMENT

Notification

The 24^th January, 2007

No. 94-SW(1)2007. The Governor of Haryana is pleased to increase the rates of Unemployment Allowance to 100 percent Handicapped Persons ( Blinds/ Orthopaedically Handicapped/ Deaf and Dumb) only under para-3 of the governing the scheme. Unemployment Allowance to the Educated Physically Handicapped Persons w.e.f First April, 2006 would be as under:-

1. Matric/ Middle Pass Diploma Holder Rs. 1000/- p.m

2. Graduate/ Maric Pass Diploma Holder Rs. 1500/-p.m.

3. Post Graduate/Graduate Diploma Holder Rs. 2000/-p.m.

This issues with the concurrence of Finance Department conveyed vide their U.O.No 1/68/95-3 FG-II/2510.. dated 9^th January, 2007.

Sd/-

ANURADHA GUPTA,
Commissioner and Secretary to Government Haryana
Social Welfare Department.

HARYANA GOVERNMENT

SOCIAL WELFARE DEPARTMENT

NOTIFICATION

No. 2066- SW(4)2003 - In suppression of Haryana Government Notification No. 2187—SW(4) 95 Dated 15.12.95, the Governor of Haryana pleased to constitute. The State Selection Committee for period of three years w.e.f. 15.2.2003 (i.e. 15.2.2003 to 14.2.2006) for the selection of persons in the Haryana State consisting of the following members.

1. Minister Social Welfare Department, Haryana Chairman

2. Financial Commissioner & Principal Secretary Member

to Govt. Haryana, Social Welfare Department.

3. Director of Industries, Haryana Member

4. Labour Commissioner, Haryana Member

5. Director General, Health Service Haryana Member

6. Director, Employment, Haryana Member

7. Director, Social Justice & Empowerment Deptt. Member

Haryana. Secretary

Non- Official Member

1. Dr. V.J.S Vohra NEVEDAC Prosthetic Centre Member

Near Airport, Chandigarh.

2. Dr. Smt. Mamgam, General Secretary, Social Member

Health in India, Haryana State Branch, Chandigarh.

1. The main function of the committee will be select the handicapped persons for the National State Awards during the year.

2. The terms of the members of committee will be for three years.

3. The Head Quarter of the committee will be at Chandigarh.

4. The members of the committee will draw travelling allowance daily allowance as under:-

(i) Non-official members of the committee shall be entitled to the actual expense and daily allowance as admissible to Haryana Govt. Servants in accordance with the instruction issued by the Haryana Govt. from time to time.

(ii) The travelling and daily allowance to the Non-official members will be admissible on producing of a certificate to the effect that no Travelling allowance in respect of the journey or daily allowance for the period mentioned in the bill has been or will be claimed by them from any other source.

(iii) The travelling allowance for meeting of the committee will be allowed to the members from their permanent residence to the place of the meeting. If, however a member attend meeting from a place other than the place of his permanent residence, T.A bill be allowed to him either from the place of his residence or from where he attends the meeting whichever the distance loss.

(iv) The Non- official member of the committee who resides at the place where meeting of the committee was held will not entitled Travelling allowance / Daily allowance.

5. The entire expenditure involved will be incurred under the head “2235-Social Security & Welfare-02- Social Welfare -101- Welfare of Handicapped viii State Award to outstanding employer placement officers/ Handicapped 7 most efficient Handicapped employed/ self employed handicapped person Non- Plan 2003-04.

VEENA EAGLETON
Financial Commissioner & Principal Secretary to
Govt. Haryana, Social Welfare Department.

Endst. No. 2066- SW(4) 2003 Dated 9-9-2003

A copy is forwarded to the Chairman/ All members of the Committee for information and necessary action.

Sd/-

Joint Secretary,

For Financial Commissioners & Principal Secretary

to Govt. HaSd/-ryana, Social Welfare Department.

Endst. No. 2066- SW(4) 2003 Dated 9-9-2003

A copy is forwarded to the Accountant General Haryana Chandigarh for information and necessary action.

Sd/-

Joint Secretary,

For Financial Commissioners & Principal Secretary

to Govt. Haryana, Social Welfare Department.

Endst. No. 2066- SW(4) 2003 Dated 9-9-2003

A copy is forwarded to the Controller. Printing and Stationary Department Haryana, Chandigarh for publishing the notification in the Haryana Government Gazette. Part- I One hundred spare copies or the notification may please be supplied to the undersigned at the earliest.

Sd/-
Joint Secretary,
For Financial Commissioners & Principal Secretary to Govt. of Haryana,
Social Welfare Department.

SCHEMES REGARDING CONFERING TE STATE AWARDS TO 16 OUTSTANDING EMPLOYERS/PLACEMENT OFFICERS OF THE HANDICAPPED AND MOST EFFICIENT HANDICAPPED EMPLOYERS/ SELF EMPLYED HANDICAPPED PERSONS.

INTRODUCATION

Since the advent of independence, State Govt./Government of India have been taking keen interest to solve various problems of handicapped persons. In order to enable then to become self reliant in life special emphasis has been laid on education, training and rehabilitation of the handicapped. Despite educational and training opportunities for the handicapped for numbers of years. Our efforts for placing them inn suitable employment have been some what sporadic. Experience in the economically advanced countries had clearly demonstrated that both economic and human values of placing trained handicapped persons properly in modern industry, business agriculture and public service could bring useful results.

Realising the importance of discovering avenue of employment for handicapped and need for a concerned efforts in this direction, special employment exchanges were set up for the handicapped persons. In the wide range of occupation both in public and private sections. This was, however, a relatively shall achievement and much greater efforts were needed to stimulate the efforts to the placement of trained handicapped persons in suitable employment. As an incentive since 1069 the resident of India has been giving away annually awards to outstanding employer of the handicapped / handicapped employees / self employed handicapped persons and the placement officers of the handicapped. This has produced encouraging results.

With a view to increase the avenues of placement/ employment for handicapped persons, it has decided by the State Government to confer state awards as are awarded by the Govt. of India.

Under the scheme being operated by the G9overnment of India a National Selection Committee stands constituted at the Central Level for considering the cases of handicapped persons for National Awards recommended by the State Selection Committee, which will be constituted every year by the department, . The composition of the committee will be as under:

1	Minister for Social Welfare Department	Chairman
2	Secretary, Social Welfare Department	Member
3	Director, Industries Haryana	Member
4	Commissioner, Labour Department	Member
5	Director, General Health Department	Member
6	Two prominent experts in the rehabilitation of handicapped (non officials, will be nominated by the Chairman.)	Member
7	Director, Social Justice & Empowerment	Member Secretary

This committee shall also be responsible for the selection of candidates for the conferring of State Awards.

SCOPE
Separate awards will be presented to outstanding employers of the handicapped and to the most efficient handicapped employees including self employed handicapped persons and placement officers from the following section:-
1.    The State Govt. Statutory bodies etc.
2.    Public Sector undertaking of the State Government.
3.    Private sector including self employed handicapped persons.
Nature of Awards.

a)	Employees/ Self Employed	10 Prizes
	First Prize	Rs. 5000/- and certificate
	Second Prize	Rs. 4000/- and certificate
	Third Prize	Rs. 3000/- and certificate (2 Nos)
	Fourth Prize	Rs. 2000/- and certificate.(2Nos)
b)	Employees of the Handicapped	Two Prizes
	First Prize	A big shield and certificate of merit
	Second Prize	A small shield and certificate of merit
	Placement Officers	One Prize
	One Prize	Rs. 4000/- and certificate of merit

Production of Selection

Initially selection for presentation of State Awards will be made by the departmental committee consisting of Director, Social Justice & empowerment and all Deputy Directors of the Department. The departmental committee will submit its recommendations to the State selection committee for making final selection.

Since selection is to be receipt of applications on the prescribed from will be fixed by Government of India.

The State government may at its discretion invite recommendations from institutions for the handicapped administered directly by it.

Criteria for Selection of Employers
Employers are proposed to be assessed on the basis of the following criteria:-

i) That at least 2% of their employees are disabled subject to a minimum of three persons in a given establishment. In case of larger establishment employing 15 handicapped persons or more.
ii) That whatever necessary minor adjustments in the meeting have been made.
iii) That the disabled are offered in same conditions of service. Including the rates of the pa is given to other employees.
iv) That the employees have shown sympathetic consideration understanding of the problems of handicapped and.
v) That were necessary and feasible, such additional facilities as accommodation are provided.

For Handicapped Employers including Self Employed Handicapped Persons.
The employees and self employed handicapped persons are proposed to be accessed on the basis of the following criteria:-
i) That he has placed at least 20o o of the number of people registered with him during the last one years.
ii) His fellow up during the last given year coupled with placement of the people registered with him upto the end of the last year is outstanding.
iii) That the attitude f the placement officer towards the registered handicapped persons has been sympathetic.
Due regards be given to the performance and hard work put in the placement officer keeping in view the larger number of beneficiaries handed by him.

Procedure for Presenting The Awards.

The Awards may be received personally be selected employers, placement officers and self employed persons in Chandigarh or a place as decided by the chairman in consultation with the Governor of Haryana. They will be paid travelling and daily allowance by the social Justice & Empowerment. The Government may on this occasion give a reception to which may be invited prominent citizen including the representatives of employers, with a view to giving stimulus to the campaign for the placements f handicapped persons in suitable employment.

From

The Financial Commissioner & Principal Secretary to Govt. Haryana, Social Justice & Empowerment Department.
To
The Director Social Justice & Empowerment Department.
Haryana, Chandigarh.

No. 1759 SW(1) /2008 Chandigarh, Dated the 4-02-2008

Subject:- Revision of Rates of States Awards to the Physically Handicapped Persons.

Sanction of the Governor of the Haryana is hereby accorded to revise the rates of the State Awards in connection with the Presentation of Annual Awards to the Handicapped Persons of the States under the Scheme “ Scheme regarding conferring the State Awards for Outstanding Employers / Placement Officers of the Handicapped and the most efficient Handicapped Employees/ Self Employed Handicapped Persons”. The rates are revised as under:-

S.No	Category of prize	Nature of the prize No. of prize	Present rates and certificate	Revised rates and certificates
1	Employee/ Self Employed	First Prize (one) Second Prize (one) Third Prize (two) Fourth Prize(three)	Rs.5000/- and certificate Rs. 4000/- ad certificate Rs. 3000/- and certificate Rs. 2000/- and certificate	Rs. 10000/- and certificates. Rs. 8000/- and certificate Rs. 6000/- and certificate Rs. 4000/- and certificate.
2	Employers of the Handicapped	First Prize (one) Second Prize (one)	A big shield and certificate of merit. A small shield and certificate of merit.	Rs. 5000/- and certificate of merit. Rs. 3000/- and certificate of merit.
3	Placement Officer of the Handicapped	One Prize	Rs. 4000/- and certificate of merit.	Rs. 8000/- and certificate of merit

2. The Expenditure involved would be debatable to the Head “2235- Social Security and Welfare-02- Social Welfare- Social Justice and Empowerment, Haryana-101- Welfare of Handicapped-X State Award to Outstanding Employer / Placement officer of the Handicapped and most efficient Handicapped Employees/ Self Employed Handicapped Persons – other charges Social Security and Welfare –NON PLAN during the year 2007-08.
3. This issues with the concurrence of Finance Department conveyed vide their U.O. No. 1/6/94-3 FG-II (1944) dated 27-11-2007.

Sd/-
Joint Secretary,
for Financial Commissioner & Principal Secretary to
Govt. Haryana, Social Justice & Empowerment Deptt.
Endst. NO. 1759 SW(1) / 2008,
Chandigarh, dated the
A copy is forwarded to the Accountant General (Audit)/ A&E Haryana Chandigarh for information and necessary action.
Sd/-
Joint Secretary,
for Financial Commissioner & Principal Secretary to Govt
Haryana, Social Justice & Empowerment Deptt.

A copy is forwarded to the Financial Commissioner and Principal Secretary to Govt. Haryana, Finance Department with reference to their U.O No. 1/6/94-3FG-II(1944) dated -27-11-2007.

Sd/-
Joint Secretary,
for Financial Commissioner & Principal Secretary to
Govt. Haryana, Social Justice & Empowerment Deptt.

To
The Financial Commissioner and Principal Secretary to Govt.
Haryana, Finance Department,
U.O.No. 1759 SW(1) /2008 Chandigarh, dated the

ANNEXURE-A
PARTICULARS OF RECOMMENDED EMPLOYEE/SELF EMPLOYED WITH DISABLITIES FOR STATE AWARD

1.	Name(a) in English(in BLOCK Capital letters
	(b) in Hindi
2.	Address: (a) Residential
	(b)Office
3.	Telephone numbers: (a) Residential
	(b) Office
4.	FAX Number: (a) Residential
	(b) Office
5.	E-mail address, if any
6.	Sex
7.	Date of Birth/Age
8.	Nature/Category of disability
9.	Percentage of disability (Certificate of competent authority to be attached)
10.	Qualification: (a) Academic
	(b) Technical
11.	Trainings received, if any:
12.	Details of experience gained informally
13.	Whether employee or self-employed
14.	If employee:
	(a) Name of the Employer
	(b) Designation or Post held
	(b) Scale of pay and salary drawn
	(c) Nature of work engaged on
	(d) How does his/her productivity compare to that of his non-disabled counterparts in percentage of 10% more or less.
	(e) Rehabilitation with fellow – employed
	(f) Independence in work(encircles the grading option)	Very Good Good Poor
	(g) Mobility and self care remarks including a brief life sketch of about 200 words of the candidate highlighting his struggle against the disadvantages created by his disability ( encircle the grading option)	Very Good Good Poor
	(h) Punctuality ad regularity in attendance (encircle the grading option)	Very Good Good Poor
	(i) Whether any incentive/ rewards/ certificate given to the employee by the employer for his work during last three years. If yes, details thereof.
	(j) General assessment of the employee for last three years ( encircle the grading option)	Very Good Good Poor
15.	If self-employed:
	(a) Trade/ Professional with which associated
	(b) Monthly Income ( Attach copy of last income Tax Return filed/ Income Certificate)
	(c) How far you have upgraded your skill in that trade/ profession with a view to absorb yourself fully as a self-employed entrepreneur?
	(d) Social- economic problems/ constraints being faced in the existing trade/ profession to become a sustainable self- employed entrepreneur
	(e) (i) Whether taken loan from any bank/ financial institution of State/ Central Government (give full details)
	(ii) .If yes, indicate the balance amount of loan to be repaid
	(f) Have you ever been declare to be a defaulter to any nationalized bank/ financial institution/cooperative bank.
16.	If any National or State Level Award received during last five years, then please mention: (a) Name of the Award (b) Conferring Agency (c) Year of conferment

NOTE:

In case of self-employed persons with disabilities, the particulars may be duly certified by a gazette Officer of the Central/ State Govt. / Member of Parliament/ Member of State Legislature / Municipal Corp. etc.
Three copies of the photographs clearly showing disability of recommended employees/ self-employed with disabilities, with bio- data be enclosed.
Application should be supported by a Medical certificate indicating the degree of total disability.

ANNEXURE- B
PARTICULARSOF EMPLOYERS FOR STATE AWARDS

1	Name in English ( Block Capital letters ) and Hindi
2	Postal and telegraphic address of the organization with telephone & fax number.
3	Web- site address, if any
4	E-mail address, if any
5	Whether Government/ public Sector Undertaking/ Private
6	Nature of work undertaken by the organization
7	Total number of employer in the organization	Male Female Total
8	Number of employees with disability in the organization category-wise and sex- wise	Male Female Total
9	Number disability of the employees (if the organization has employees with various disabilities, please indicate the number of employees with each disability)
10	Percentage of employers with disability as Compared with the total number of Employees.
11	Nature of work in which Persons with disability are employed.
12	Whether their service conditions are the same as those for others.
13	Whether any modifications are made in the machinery and access is provided in the built environment.
14	Special effort made to train and employee persons with disability so far and plans for future.
15	How does the productivity of Employees with disability compare with that of non- disabled employees.
16	Remarks

Signature of the recommending authority with date

ANNEXURE- C

PARTICULARS OF THE AGENCY/OFFICER RESPONSIBLE FOR PLACEMENT OF THE PERSONS WITH DISABILITIES FOR STATE AWARDS

1. PERSONAL DATA

1	Name in English ( in Block Capital letters) and Hindi
2	Date of Birth
3	Educational qualification
4	Postal address
5	Telegraphic address/ FAX No.
6	Telephone Number : Office: Residence:
7	Web-site / E-mail address, if any
8	Name of the employer with complete address (Give all the employers with whom employed during the last five years, last name to be given first).
9	Total service in the capacity

PERFOMANCE DATA: Placement and follow- up Give the information for the last five years.

S.No.	Year	No. of Persons with Disabilities Registered Placed Male Female Male Female (Disability wise)	No. % age of placement to Registration	No. of cases followed up	% of dropouts from employment with brief reasons
(1)	(2)	(3) (4) (5) (6)	(7)	(8)	(9)
1	2003
2	2004
3	2005
4	2006
5	2007

III. Brief particulars of the Placement Officer:

Signature of applicant with date

Signature of the recommending authority with date

Broadly, “Placing” means an employers acceptance of a persons into a remunerative job as a result of the following Employment Exchange operations as a result of the ---
i) Booking on an order prior to submission;
ii) Pre-submission of the persons to be referred to the employer.
iii) Submission of the selected persons and verification / that the persons have been engaged.
(Defining as given in the National Employment Service Manual.)

SCHEME OF ASSISTANCE TO DISABLED
PERSONS FOR PURCHASE/FITTING OF AIDS/APPLIANCES (ADIP SCHEME)

Applicable w.e.f. April 2005

Govt. of India
Ministry of Social Justice and Empowerment,
Shastri Bhawan
New Delhi

SCHEME OF ASSISTANCE TO DISABLED PERSONS FOR PURCHASE/FITTING OF AIDS/APPLIANCES (ADIP SCHEME)

1. INTRODUCTION

It has been the constant endeavour of the Government to provide the disabled persons with aids/appliance at minimum costs. The requirement for providing of aids/appliances, which are essential for the social, economic and vocational rehabilitation of the disabled persons, has come into sharp focus, particularly after the enactment of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which came into force in 1996. Various surveys conducted from time to time have made it clear that India has a very large number of disabled persons. Many of them come from low-income groups. Disability restricts their opportunities for leading functionally productive lives. From the application of modern technology, there have emerged a number of aids, which can reduce the effects of disabilities and enhance the economic potential of the disabled. To illustrate a wheel chair, an artificial limb, crutch, a brace, a splint can greatly improve the mobility of physically disabled individual. Similarly, with the help of a powerful hearing aid, persons with some residual hearing can be helped to carry on many activities of daily living. Low vision to read, print and undertake other activities resulting in their rehabilitation. However, a large number of disabled persons are deprived of the benefits of these appliances because of their inability to find funds to purchase them.

In the light of the Government’s growing stress on helping disabled persons and in bringing the aids and appliances within their reach, it has been decided in continue the ADIP Scheme and modify it in such a way that it becomes more user-friendly and the needy are not deprived of aids/appliances, which are essential for their social, economic and vocational rehabilitation. If they can, thereby, become earning members they would be much closer to achieve economic self-dependence and also be able to live and pursue their activities dignity.

2. THE SECHME AND ITS OBJECTIVES

The Scheme aims at helping the disabled persons by bringing suitable, durable, scientifically-manufactured, modern, standard aids and appliances within their reach The estimates, according to 58^th Sample Survey conducted by NSSO in 2002, indicate that there are about 18.04 million persons with various types of disabilities in the country. Their disabilities restrict the opportunity for their economic and social growth. In addition, about 3% of the children below 14 years of age suffer from delayed development. Many of them are mentally retarded and cerebral palsied and require some aids/appliances to attain the capacity for self-care and independent living.

The main objective of the Scheme is to assist the needy disabled persons in procuring durable, sophisticated and scientifically manufactured, modern, standard aids and appliances that can promote their physical, social and psychological rehabilitation by reducing the disabilities and enhance their economic potential. The aids and appliances supplied under the Scheme must be ISI.

3. DEFINITIONS

Definitions of various types of disabilities as given in The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PWD ACT)

4. SCOPE

The Scheme will be implemented through the Implementing Agencies as listed in the following para. The Agencies will be provided with financial assistance for purchase fabrication and distribution of such standard aids and appliances that are in conformity with objective of the Scheme. The Implementing Agencies will take care of/make suitable arrangements for fitting and post-fitting care of the aids and appliances distributed under ADIP Scheme. The scope of the Scheme has been further enlarged to include use of mass media, exhibitions. workshops etc, for exchange of information and promoting awareness and distribution and use of aids/appliances.

The Scheme shall also include under its ambit, medical/surgical correction & intervention, which is essential prior to fitment of aids and appliances. The cost could range from Rs. 500/- for hearing & speech Impaired to Rs. 1,000/- for visually disabled and Rs. 3,000/- for orthopacidcally disabled.

5. ELIGIBILITY OF IMPLEMENTING AGENCY UNDER THE SCHEME

The following agencies would be eligible to implement the Scheme on behalf of Ministry of Social Justice and Empowerment, subject to fulfilment of laid down terms and conditions:

i Societies, registered under the Societies Registration Act, 1860 and their branches, if any, separately.

ii Registered charitable trusts.

iii District Rural Development Agencies, Indian Red Cross Societies and other Autonomous Bodies headed by District Collector/Chief Executive Officer/District Development Officer of Zilla Parishad.

iv National/Apex Institutes including ALIMCO functioning under administrative control of the Ministry of Social Justice and Empowerment/Ministry of Health and Family Welfare.

v State Handicapped Development Corporations.

vi Local Bodies-Zilla Parishad, Municipalities, District Autonomous Development Councils and Panchayats.

vii Nehru Yuvak Kendras.

Grant-in-aid under the Scheme will not be given for commercial supply of aid/appliance.

The NGOs should preferable possess professional/technical expertise in the form of professionally qualified staff (from recognized courses) for the identification, prescription of the required artificial aids/appliance, fitment and post fitment care of the beneficiaries as well as the aid/appliance.

The NGOs should preferable possess infrastructure in the form of machinery/equipment for the fabrication, fitment and maintenance of artificial aid/appliance to be given to a disabled person under ADIP Scheme.

Implementing Organisations should network and establish linkages with medical college/district hospitals/ rural hospitals/ PHCs/ fitment centres of ALIMCO/DDRCs/ any other professionally competent agency to acquire/avail the requisite infrastructure for fitment and maintenance of aids/ appliances distributed under ADIP Scheme available with these bodies. The implementing Agencies shall also avail of the professional/technical expertise of above mentioned agencies for fitment and post-fitment ALIMCO and DDRCs functioning under the administrative control of Ministry of Social Justice and Empowerment shall also assist DRDAs and other autonomous organizations to develop requisite manpower and infrastructure over a period of time to provide satisfactory service to the beneficiaries under the Scheme. Such organizations while applying of the grant under the Scheme shall produce sufficient proof of linkages with the professional agencies preferably in the form of a Memorandum of Understanding.

6. ELIGIBILITY OF THE BENEFICIARIES.

A Person with disabilities fulfilling following conditions would be eligible for assistance under ADIP Scheme through authorized agencies.

He/she be an Indian citizen of any age.
Should be certified by a Registered / Medical Practitioner that he/ she is disabled and fit to use prescribed aids/ appliances.
Person who is employed / self-employed or getting pension and whose monthly income from all sources does not exceed RS. 10,000/- per month.
In case of dependents, the income of parents/ guardians should not exceed Rs. 10,000/- per month.
Persons who have not received assistance from the Government, local bodies and Non- Official Organisations during the last 3 years for the same purpose. However, for children below 12 years of age this limit would be 1 year.

7. QUANTUM OF ASSISTNACE TO DISABLED

Only those aids/ appliances which do not cost more than RS. 6,000/- are covered under the Scheme. However, for visually mentally, speech & hearing or multiple disabled, the limit should be Rs. 8,000/- during their study period aftaer IX standard. The limits will apply to individuals items of aid and where more than one aid is required, the ceiling will apply separately. The amount of assistance will be as follows.

Total Income	Amount of Assistance
(i) Upto Rs. 6,500/- per month. (ii) Rs. 6,501/- to Rs. 10,000/- per month	(i) Full cost of aids/ appliances. (ii) 50% of the cost of aids/ appliances

Further, travelling cost would be admissible limited to bus fare in ordinary class or railway by second class sleeper subject to limit Rs. 250/- for beneficiary irrespective of number of visits to the centre and a Certificate from Doctor or Rehabilitation Professional, travel expenses subject to the same limit would be admissible to an attendant/ escort accompanying the beneficiary. The beneficiary should attend the Rehabilitation Centre nearest to hi/ her place of residence, except in the North- Eastern Region where he may be allowed travel cost for travelling outside the Region till such facilities becomes available within that Region.

8. TYPES OF AIDS/ APPLIANCES TO BE PROVIDED.

Types following aids and appliances may be allowed for each type of disabled individual. However, any other item as notified from time to time by the Ministry of Social Justice and Empowerment for the purpose will also be allowed.
LOCOMOTOR DISABLED.

i.    All types of prosthetic and orthotic devices.
ii.    Mobility aids like tricycles, wheelchairs, crutches walking sticks and walking frames/ rolators. Motorised tricycles for persons with locomotors disability that are likely to cost more than Rs. 6,000/- may be procured and provided in exceptional cases subject to prior approval of Ministry of Social Justice and Empowerment on case to case basis. Extent of subsidy would however continue to be Rs. 6000/- For all other devices ceiling is Rs. 6,000/-
iii.    All types of surgical footwears and MCR Chappals.
iv.    All types of devices for ADL (activity of daily living).

VISUALLY DISABLED
i.    Learning equipments like arithmetic frame, abacus, geometry kits etc. Giants Braille dots system for slow-learning blind children. Dictaphone and other variable speed recording system. CD player / Tape recorder for blind student fro Xth standard.
ii.    Science learning equipments like talking balances, talking thermometer, measuring equipments like tape measures, micrometres etc.
iii.    Braille writing equipments including Bailers, Braille shorthand machines, typewriters for blind students from X Class. Talking machines, calculators, Geography learning equipment like raised maps and globes.
iv.    Communication equipment for the deaf-blind. Braille attachments for telephone for deaf-blind persons.
v.    Low vision aids including hand-held stand, lighted and unlighted magnifiers, speech synthesizers or Braille attachments for computers.
vi.    Special mobility aids for visually disabled people with muscular dystrophy or cerebral palsy like adapted walkers.
vii.    Soft- ware for visually handicapped persons using computers that are likely to cost more than Rs. 6,000/- may procured ad provided in exceptional cases subject to prior approval of Ministry of Social Justice and Empowerment on case to case basis. The extent of subsidy would however continue to be Rs. 6,000/-. For all other devices ceiling.

HEARING DISABLED.

i.` Various types of hearing aids.

ii. Educational kits like tape recorders/ CD player etc.

Assistive and alarming devices including devices for hearing of telephone, TV, doorbell, time alarm etc.
Communication aids, like, portable speech synthesizer etc.

MENTALLY DISABLED.

Any suitable device as advised by Rehabilitation Professional or treating physician.

9. PROCEDURE FOR RECIPT OF GRANT-IN-AID BY AN IMPLEMENTING AGENCY.

The organisation will submit their application in the prescribed format ( Annexure- I& II) to the Ministry of Social Justice and Empowerment through concerned State Government / UT Administration/National Institute/ Regional Rehabilitation Training Centre/ District Rehabilitation Centre/ any other agency authorized by Ministry of Social Justice and Empowerment, every year. The application should be accompanied with following documents/ information (dully attested)

A copy of Registration Certificate u/s 51/ 52 of Persons Disabilities (Equal Opportunities Protection of Rights and Full Participation Act (PWD Act), 1995.
A copy Registration Certificate under Societies Registration Act, 1860 and their branches, if any, separately, or Charitable Trust Act.
A copy of Rules. Aims and Objectives of the Organization.
A copy of Certified Audited Accounts and Annual Report for the last Year.
Names of the Members of Management Committees of the Organisation.
List of identified beneficiaries and types of aids/ appliances required by the organisation for supplying / getting to the identified beneficiaries.
Estimated expenditure for distribution/ fitting of aids/ appliances amongst the identified beneficiaries.
And Undertaking that the funds will not be utilized for any other purposes.
An Undertaking to maintain a separate account of the funds received from the Ministry under the scheme.
The implementing Agencies already receiving grant-in-aid under the Scheme should also furnish the list of beneficiaries assisted from the grant-in-aid released to them in the previous year as per Performa given in Annexure- V may be given.
A calendar of activities for entire financial year including probable dates for holding caps etc. for distribution of aids/ appliances and also maintain separate account for that.
An Undertaking that the organisation will provide post – distribution care to the beneficiaries as well as aids/ appliances, on demand.

m. Organisation should be financially should ad viable and has requisite capability to mobilize the resources.

The organisation shall have working rapport with the District available with District Administration for identification of aids/ appliances.
The implementing agencies shall keep manuals/ literature on main features, maintenance and upkeep of devices, one year free maintenance would be provided by them for assistive devices 2% of the annual allocation will be earmarked for monitoring and evaluation of expenses.
The organisation will provide reservation to SC/ST/OBC and disabled persons in accordance with instructions issued by GOI from time to time if it employees more than 20 persons on a regular basis.

10. RECOMMENDATION

The State Government/UT Administration/ National Institute/RRTC/DRC/any other agency authorized by the Ministry should send its recommendation with specific remarks about.

i) Professional competence, credibility, integrity and existing infrastructural facilities for satisfactory implementation of the Scheme by the NGO/organisation.

ii) Eligibility of the organisation as laid down by the Ministry of Social Justice and Empowerment.

iii) Rapport with target groups, capacity and willingness to network with other NGOs and Panchayati Raj institution etc.

The recommendation should also include whether the NGOs is getting grant-in-aid from other Ministry/ State Government etc. for the same purpose.

However, no recommendation is required in case of National Institute and ALIMCO working under the administrative control of Ministry of Social Justice and Empowerment.

11. QUATUM OF ASSISTANC3E TO AN IMIPLEMENTING AGENCY.

No ceiling should be imposed on the quantum of assistance to be released to an Implementing Agency and it branches (separately) during a particular financial year However, while deciding on the amount of grant to be given, the performance, professional expertise, capacity, tack record and outreach capabilities of the agency shall be kept in view.

12. SANCTION / RELEASE OF GRANT-IN-AID

The Implementing Agencies will be sanctioned grant-in-aid in particular financial year after receiving recommendation from State Government/ UT Administration/ National Institute/ RRTC/ DRC/ an other agency authorized by Ministry of Social Justice and Empowerment. The subsequent financial a assistance would be sanctioned after receipt of audited accounts and list of beneficiaries with their permanent addresses in the prescribed poroma for the previous year’s grant shall be furnished before the end of second quarter of each financial year, positively.

The recommending authority should create the field agencies who shall strive to conduct sample checking of beneficiaries regarding utilization of grant-in-aid by NGOs and distribution of aids and appliances by the Implementing Agency. The sample checking of beneficiaries regarding utilization of grant –in- aid by NGOs and distribution of aids and appliances by the Implementing Agencies. The sample checking would cover at least 5 to 10 percent of the beneficiaries, which are covered under the Scheme in the previous year.

The grant-in-aid would normally be released in tow instalment after process of audited accounts and list of beneficiaries furnished by the organisation/ implementing Agency to the satisfaction of the Ministry.

13. CONDITIONS FOR ASSISTANCE.

i. The implementing agency will be fully competent to satisfy about the monthly income of the beneficiaries and shall obtain a certificate from the concerned competent authority. The identification of the beneficiaries has to be done by an expert in accordance with guidelines issued by Ministry of Social Justice and Empowerment in this regard

ii. The implementing agency will maintain a register in the prescribed performa ( Annexure-III) about the beneficiaries assisted under the Scheme.

The implementing agency shall maintain a separate accounts of funds received and utilized from the Ministry of Social Justice and Empowerment under the Scheme. The fund should be kept in separate bank account to be operated under ADIP Scheme.
A certificate from the Head of the Implementing Agency to the effect that the funds have been utilized. A list of beneficiaries as per proforma given in Annexure- IV assisted by the organisation that the funds given by the Ministry will be furnished along with the yearly application as per procedure indicated in para 9 in CD in Excel programme.
The final accounts for a financial year will be rendered through utilization certificate and audited accounts signed by chartered accountant within six months of the close of the financial year.
The agency implementing the scheme will obtain an undertaking from the beneficiary that he/ she has not obtained such aid from any other agency/ source during last tow years ad that he/ she not obtained such aid from any other agency/ source during last three years and that he/ she will keep it for his/ her bona fide use.
The agency implementing the scheme will be open to inspection by an officer/ agency authorized by Union Ministry of Social Justice and Empowerment or the State Government / UT/ Administrative / National Institute/ DRCs etc.
When the Government of India has reasons to believe that the sanction is not being utilized for the approval purpose the amount would be recovered from the implementing agency with interest and no further assistance would be given to the agency.
The quantum of assistance to be given to an implementing agency during a particular year will be decided by the Government of India. The implementing agencies would, therefore, not incur any liability under the Scheme unless the funds have been sanctioned to them fort the purpose.
At least 25% beneficiaries should be girl child/ women.

Annexure-I

Application for Central Scheme of Assistance to Disabled Persons for Purchase/ Fitting of Aids/ Appliances.

From Date:

The Secretary to the Government of India,

Ministry of Social Justice & Empowerment,

Shastri Bhawan, New Delhi

Subject:- Assistance under the Central Scheme of Assistance to Disabled Persons for Purchase/ fitting of aids/appliances.

I submit herewith an application for a grant for the year under the Scheme of Assistance to Disabled persons for purchase/fitting of aids/appliances. I certify that I grant is given. Should the Institutions/ Organisation cease to exist at any time, such properties shall revert to the Government of India.

(a) All assets acquired wholly or substantially out of the Central grant shall not be encumbered or disposed off or utilized for purpose other tan those for which the grant is given. Should the Institutions/ Organisation cease to exist at any time, such properties shall revert to the Government of India.

(b) The accounts of the project shall be properly and separately maintained. They shall always be open to check by an officer deputed by the Govt. of India or the State Government of India at his discretion.

(c) If the State or the Central Govt. have reasons to believe that the grant is not being utilized for approved purpose, the Govt. of India may stop payment of further Instalments and recover earlier grants in such a manner as they may decide.

(d) The Institution shall exercise reasonable economy in the implementation of the scheme.

(e) The Organisation will obtain an undertaking from the beneficiaries as required under the scheme, before fitting/ giving of aids/ appliances.

Yours faithfully,

(Signature)
(Designation)
(Office Stamp)

Ministry of Social Justice & Empowerment

Name of the Scheme

1. Organisation

Name

Address (office) :

(Project) :

Phone (office) :

(Project) :

Fax (office) :

(Project) :

Telex (office) :

(Project) :

E-mail (office) :

(Project) :

Grams (office) :

(Project) :

2. (i) Name of the Act :

Under which registered :

(ii) Registration No. and :

Date of Registration :

Any other Organisation/ Institute :

Body, if applicable, give details

3. Registration under Foreign : (Yes/ No)

Contribution Act

4. Memorandum of Association :

And Bye-Laws.

5. Name & Address of the :

Members of the Board of

Management/ Governing

Body

6. List of Documents to be attached :

(a) A copy of the Annual Report

For the previous year which

Should contain the balance sheet (including receipt and payment account ), income and Expenditure Account.

7. Details of the project for which the :

Grant-in-aid is being applied.

8. Grant-in-aid applied for in :

the current year.

9. Details of beneficiaries .

(a) Number of disabled benefited :

From previous years grant.

(b) Proposed number of disabled :

Expected to be covered during

Current financial year.

10. Details of the staff available :

Details of GIA received under other Schemes of

State Govt…………………………….

Central Govt………………………..

Other sources…………………….

Programme / Project run grant-in-aid received Total Location of the

By the NGO (other than amount service Expenditure Project

The one applied for ) agency on the

Projects.

13. List of Additional Papers.

(if any given)

I have read the scheme ad fulfil the requirement and conditions of the scheme. I undertake to abide by all the condition of the Scheme.

Signature ………………………………..

Name…………………………………

Address……………………………

……………………………………..

Date……………………………..

(Seal)

____________________________________________________________________________________________________

Note: Wherever not applicable, specially in case of new Organisation, please write – N.A.

MINISTRY OF SOCIAL JUSTICE & EMPOWERMENT.

Name of the Scheme:

1. APPLICATION FORM FOR THE IIND INSTALLEMMENT

1. Organisation

Name

Address (office) :

(Project) :

Phone (office) :

(Project) :

Fax (office) :

(Project) :

Telex (office) :

(Project) :

E-mail (office) :

(Project) :

Grams (office) :

(Project)

2. Grant-in-aid(in. Rs.)

Total

A. Applied in the current year :

B. Received as Ist Instalment :

C. Applied for IInd Instalment :

3. Annual Report of the previous year.

ii) Audited statement of accounts of previous year ( Receipts and Payments statement, Income & Expenditure Statement) and Balance sheet.

iii) Audited utilization certificate with itemise expenditure as per the sanctioned items of grant.

iv) Details of staff available.

v) Details of beneficiaries as per Annexure IV

vi) Assets acquired wholly or substantially out of government grants under GFR 19

vii) An other information considered necessary b the organisation of a asked for:

Signature ………………………………..

Name…………………………………

Address……………………………

……………………………………..

Date………………………

(Seal)

Annexure- III

Register to be maintained by the agencies implementing the Scheme Assistance to Disabled for purchase/fitting of Aids/ Appliances.

Sr.No	Name of beneficiaries	Address	Male/ female	Age	Income	Type of aid(given)	Date on which given	Cost of Aid
1	2	3	4	5	6	7	8	9

Fabricating/ Fitment charges	Total cost of Aid	Subsidy provided	Travel cost paid to outstation beneficiaries	Board and expenses paid	Whether any surgical correction undertaken	Total 12+13+14+15
10	11	12	13	14	15	16

No. of days for which stayed	Signature of Beneficiary	Whether Accompanied by escort
17	18	19

Annexure- IV

List of beneficiaries assisted by the agencies implementing the Scheme of Assistance to Disabled for purchase/fitting of Aids/ Appliances to be furnished to Ministry of Social Justice & Empowerment

Sr.No	Name of beneficiaries	Address	Male/ female	Age	Income	Type of aid (given)	Date on which given	Cost of Aid
1	2	3	4	5	6	7	8	9

Fabricating/ Fitment charges	Total cost of Aid	Subsidy provided	Travel cost paid to outstation beneficiaries	Board and expenses paid	Whether any surgical correction undertaken	Total 12+13+14+15
10	11	12	13	14	15	16

No. of days for which stayed	Whether Accompanied by escort
17	18

To be accompanied by certificate from Rehabilitation Professional / Physically for every case.

Annexure- V

Scheme of Assistance to Disabled Persons for Purchase/ Fitting of Aids/ Appliances.

UTILISATION CERTIFICATE.

(See Government of India’s Decision (1) below Rule 150 )

Sr.No	Letter number and date	Amount.

Certified that out of Rs. ................................. /- of grant-in-aid sanctioned during the year ...................................................in favour of ................................................ NO. given in the margin and Rs. / on account of unspent balance of the pervious year, a sum of Rs. ....................................../ has been utilized for the purpose of ............................................................... for which it was it was sanctioned and that the balance of Rs. ................................................................/ remaining unutilized at the end of the year has been surrendered to Government (vide NO............................................... dated will be adjusted towards the grant-in-aid payable during the next year.

2. Certified that I have satisfied myself that the conditions on which the grant-in-aid was sanctioned have been duly fulfilled/ are being fulfilled and that I have exercised the following checks to see that the money was actually utilized for the purpose for which it was sanctioned.

Kinds of checks exercised

Duly certified by a Chartered Signature.........................

Accountant/ Auditor

Designation.....................

Date..............................

Annexure- VI

SCHEME OF ASSISTANCE TO DISABLED PERSONS FOR PURCHASE/ FITTING OF AIDS/ APPLIANCES

(ADIP SCHEME)

STATEMENT SHOWING COMPOSITION OF THE MANAGING COMMITTEE.

NAME AND POSTAL ADDRESS THE

ORGANIZATION______________________________________________________________

Sr.No.	Name of the Member of the Managing Committee	S/o D/o W/o	Complete residential address	Nature of occupation	Status in the Managing Committee
1	2	3	4	5	6

Note: (i) Certified that the composition of the above Managing Committee is in accordance with the approved Bye Laws and Memorandum of Association of the organization.

(i) Certified that the above Managing Committee was elected by the General Body in its meeting held on .................................................................The life of the Committee is form .............................................. to................................................

Signature

Name of President/ Secretary (in capital letters)

Office stamp of the Organisation

HARYANA GOVERNMENT

SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT

NOTIFICATION

Dated Chandigarh 30-1-2009

No. 2351-SW(4)-2008: The Governor of Haryana is pleased to make the following scheme namely “Financial Assistance to the Non-School Going Disabled Children Scheme” which will come into force with effect from 1.12.2008 .This scheme incorporating the amendments made from time to time and shall be applicable throughout the State of Haryana .

DEFINITIONS

The Mentally Retarded Children who suffer from following conditions :-

1) Mental Retardation with I.Q. not exceeding 35.

2. AIM:-

Presently Haryana Govt. is providing Financial Assistance in the form of scholarship to such disabled children of state who are below 18 years of age and are getting formal education in different schools, colleges, technical institutions and universities etc. and those disabled persons who are above 18 years of age are being provided financial assistance in the form of Handicapped Pension

But there are some mentally retarded children in the age group of 0 to 18 years who are in the category of Profound & Severely retardation, who are not able to attend formal education, training etc. due to their disability. They are totally dependent on their parents or relatives and need constant supervision and care of their families. Some of them require nursery care also. These children because of their severity of M.R. are looked down upon in society and are also forced to live in deplorable and humiliating environment. Their Parents also some time find it difficult to look after them properly either due to financial difficulties or otherwise. Therefore it is felt imminent that in order to boost the morale of these children as well as provide support to their parents some financial assistance should be given to them for their welfare and respectful up bringing. Keeping this in view a scheme named “Financial Assistance to the Non- School going disabled Children” is conceived aiming at to providing financial assistance to such parents who cannot send them for formal schooling and boarding of their disabled wards in the age group of below 18 years because of financial constraints or because of the returns of their Mental Retardation.

3. ELIGIBILITY:- Eligibility conditions are as follows:-

( i ) A person having physical disability in the age-group of below 18 years shall be eligible for grant of Assistance.

(ii) The applicant should be a domicile of Haryana State and should be residing in Haryana State for the last three years at the time of submission of application. He /She will have to submit domicile proof for this purpose issued by the competent authority.

(iii) The applicant’s close relatives and parents are not in a financial position to support him/ her and the income of his/ her parents, close relatives or his/ her own income from all sources is less than the income as prescribed under the Minimum Wages Act, i.e. Rs. 3510/- p.m.as in 2008. He/She will have to submit proof of income verified by the competent authority.

(iv) The assistance would not be given to such children who are already receiving assistance under the Scholarship, Unemployment Allowance and Handicapped Pension Schemes being implemented by the Social Justice& Empowerment Department, Haryana.

(v) The applicant should have the following disabilities:-(a) Mental Retardation with I.Q not exceeding 35.

Medical Certificate duly issued by the Civil Surgeon will have to be produced for (i) to (v) above.

(b) The applicant shall submit proof regarding age of the ward/child in the form of:

(i) Birth Certificate issued by the Registrar of Births & Death; or

( ii) Affidavit by the applicant attested from the First Class Magistrate; or

( iii) A certificate from any Gazetted Officer of the State/.Central Govt.

4. CONSTITUTION OF COMMITTEE FOR SCRUTINY :

(a) Committees will be constituted for scrutinizing the eligibility for grant of financial assistance in the rural and urban areas. In the rural areas, the Committee will consist of District Social Welfare Officer or his representative, Circle Revenue Officer and Medical Officer of Health Department. In the urban areas, the Committee will consist of Officer In charge of the Municipal Committee or the Executive Officer or the Secretary of Municipal Committee and District Social Welfare Officer or his representative and a Medical Officer of Health Department.

5. SUPERVISION & COORDINATION COMMITTEE :

A District Level Committee comprising of Civil Surgeon as a Member, District Social Welfare Officer as Member Secretary and Deputy Commissioner of the District or his representative as Chairman will be constituted, for overall supervision, coordination and implementation of the Scheme in the District . District Social Welfare Officer will be the convener of the Committee. It will meet once every quarter to review the performance of the scheme.

6. VERIFICATION:-

(i) During its visit to the village/ ward for the purpose of verification of fresh applicants Committee for Scrutiny may also ensure that no beneficiary eligible for assistance is left-out. For this purpose, all the beneficiaries will be required to present themselves before the Committee. Assistance to those persons who fail to present themselves before the Committee will not be considered. Financial Assistance will be sanctioned by the concerned District Social Welfare Officer on the recommendations of the Scrutiny Committee.

(ii) In those cases where Committee comes to a definite conclusion that beneficiary is no longer eligible for assistance, the Committee will recommend to terminate the assistance of such beneficiaries and will send intimation to District Social Welfare Officer of such termination, for further necessary action. However, the committee shall exercise reasonable judgment to decide these cases. The District Social Welfare Officer shall intimate the fact of termination of assistance to the beneficiary. An appeal shall lie, within 3 months from the intimation of such termination to the District Level Committee against such termination of assistance. The decision of the District Level Committee shall be final and will not be subjected to any further investigation./ appeal.

(iii) In those cases where the beneficiary has not presented himself/ herself before the Committee at the time of disbursement for two consecutive months and the Committee suspects the eligibility of a beneficiary, the Committee may recommend to District Social Welfare Officer to stop the further disbursement of assistance to such beneficiary. District Social Welfare Officer shall issue a notice to the beneficiary asking him/ her to show cause why his/ her assistance should not be terminated. If the beneficiary fails to satisfy the District Social Welfare Officer regarding his/ her continued eligibility of assistance, An appeal shall lie, within 3 month from the intimation of such termination to the District Level Committee against such termination of assistance. Otherwise, the assistance shall be resumed after the beneficiary satisfies the District Social Welfare Officer about his/ her eligibility for assistance.

(iv) Initially verification will be done village wise by the Committee for scrutiny. However, special verification may be done in case of complaints or as per decision of the Govt. from time to time.

7. MODE OF PAYMENT:-

(a) Assistance shall be disbursed through the Panchayati Raj under the supervision of Block Development and Panchayat Officer or by any other means of payment to be decided by the Government from time to time. The financial assistance shall become payable from the 1^st day of the month in which it is sanctioned.

(b) The periodicity of payment of assistance shall be decided by Director, Social Justice and Empowerment from time to time.

(c) No further payment shall be made if the acknowledgement of disbursement/payment has not been received for two consecutive instalments.

(d) The assistance which have remained unpaid for two consecutive instalments or more shall be enquired into by the concerned District Social Welfare Officer who will take necessary action in this regard. Payees acknowledgement shall be recorded and kept under lock and key by the District Social Welfare Officer till the accounts have been audited by Accountant General, Haryana.

(e) Handling cash payment to the disbursing officials shall be made, as far as possible, through bank drafts issued in favor of them.

(f) All the un disbursed amount shall be received by the District Social Welfare Officer concerned. A proper record of such amounts shall be kept in a separate register. The undisguised amount received back shall be taken in the cash book and the entire amount thus received shall be refundable by short drawl from subsequent assistance bill.

(g) The Director Social Justice and Empowerment Haryana shall be over-all in charge of the “Financial Assistance to the Non-School Going Disabled Children Scheme” and necessary instructions in regard for proper enforcement and accounting procedure shall be issued by him/her from time to time.

Note: The payment of financial assistance shall be made to the parent /guardian of the disabled child who applies for the financial assistance in respect of his/ her children/wards and not direct to the children.

8. PROCEDURE FOR MAKING APPLICATION:

The application for Financial Assistance shall be submitted in the prescribed form which would be available with the District Social Welfare Officer or Director Social Justice & Empowerment Department, Haryana Chandigarh free of cost and can be submitted to the respective District Social Welfare Officer up to 10^th day of every month.

9. RATE OF ASSISTANCE :

Financial assistance shall be admissible under the scheme at the rate of Rs. 300/- per month to every disabled child in the family of the applicant. Every non school going disabled child in a single family would be eligible for this assistance. Government will have the right to change the rate of assistance from time to time.

POWER OF SANCTION :

The District Social Welfare Officer dealing with the scheme shall be the sanctioning authority who shall pass orders on each case on the basis of the spot verification conducted by the Committee for scrutiny or in case of complaint etc. Investigation Officer or any other official deputed for the purpose by the sanctioning authority. The decision of the Director Social Justice and Empowerment shall be final. The order passed by District Social Welfare Officer in each case shall be communicated to the applicant and the Accountant General, Haryana, Chandigarh.
11. STOPPAGE OF ASSISTANCE :

(i) Assistance shall be payable from the date of sanction till the beneficiary completes the age of 18 years. However the District Social Welfare Officer shall have the right to stop payment of assistance, if at any stage it is found that it was sanctioned on a wrong ground or false information or the condition for which the assistance was granted no longer existed..

(ii) Assistance shall cease to be payable on the death of a beneficiary and if the grantee dies before receiving assistance for a particular period, the same shall also lapse.

(iii) In case assistance is sanctioned on the basis of wrong information given by the applicant in his /her application form, the amount given would be recovered as arrears of land revenue .In case of deliberate wrong information the beneficiary shall be liable for prosecution .

(iv) Assistance under this scheme shall not be liable to attachment under any court of law.

(v) After attaining the age of 18 years, the beneficiary should automatically become eligible for handicapped pension.

12 PUBLICITY:

Wide publicity measures will be adopted by way of publishing public notices and display advertisements in the leading newspapers, printing of folders and pamphlets, public notices at all District Social Welfare Offices and similar other public places, advertisement through District Public Relation Officers and by way of Munadi in the Rural and Urban areas.

13 IMPLEMENTATION AND MONITORING: -

One Post of Investigator in each District/ Headquarter shall be created on contract basis for best Implementation and Monitoring of scheme.

14 BUDGET HEAD.

2235- Social Security & Welfare-02- Social Welfare 101-Welfare of Handicapped –Part I-State Plan Schemes (72) Financial Assistance to non-school going disabled children 09-Grant-in-Aid (New Scheme Plan 2008-09

Chandigarh dated NAVRAJ SANDHU

4^th December,2008 Commissioner & Secretary to Government. Haryana,

Social Justice & Empowerment Department

Endst.No.2351-SW(4)-2008 Chandigarh dated the30-1-2009

A copy is forwarded to the controller, Printing and stationery Department Haryana Chandigarh for publishing in the Haryana Govt. Gazette 150 spare copies may please be supplied to the undersigned at the earlier.

Sd/-

Joint Secretary

for Commissioner & Secretary to Government. Haryana

Social Justice & Empowerment Department.

Endst.No. 2351-SW(4)-2008 Chandigarh dated the 30-1-2009

A copy is forwarded to the following for information and necessary action:-

Director] Social Justice & Empowerment, Haryana.
1. Accountant General] Haryana ( A & E Audit )] Chandigarh.
2. All Deputy Commissioners in the Haryana State.
3. All District Social Welfare Officers in the Haryana State.
4. All District Welfare Officers in the Haryana State.

Sd/-

Joint Secretary

for Commissioner & Secretary to Government. Haryana

Social Justice & Empowerment Department.

A copy is forwarded to the Financial Commissioner and Principal Secretary to the Govt. of Haryana, Finance Department with reference to his U.O.No. 1/80//2008-3FG-11/2272 dated 3-12-2008.

The Financial Commissioner & Principal Secretary

to Govt. Haryana, Finance Department.

U.O.No 2351-SW(4)-2008 Chandigarh dated 30-1-2009

HARYANA GOVERNMENT

SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT

NOTIFICATION

The 30th October, 2009

No. 1953-SW(4)-2009-In partial modification of Haryana Government, Social Justice & Empowerment Department, Notification No. 2351-SW(4) 2008, dated 30th January, 2009, the Governor of Haryana is pleased to make the following amendments shall come into operation with immediate effect.

1. Sub Para (IV) of Para 3 of the Scheme is omitted.

2. In said scheme sub point (a) of sub para (V) of Para 3 is substituted under:-

(i) Mental Retardation with I.Q. not exceeding 50 or percentage of disability is 70% and above.

(ii) Persons with cerebral palsy.

(iii) Persons with Autism.

(iv) Multiple disability with a total permanent disability of 705 or more disabilities as defined in clause (i) of Section 2 of the persons with Disabilities, Protection or Rights and Full participation) Act, 1995 (\1 of 1996).

(v) Case of orthopaedic Disability with a permanent disability of 100% which are further clarified as under.

(i) Myhopathy

(ii) Paraplegic

(iii) Quadri Plegia.

2. Budget Head

2235-Social Security & Welfare-020- Social Welfare 101-Welfare of Handicapped-part I State Plan Schemes (72) Financial Assistance to non-school going disabled children 09-Grant-in-aid (New Scheme Plan 2009-10).

Sd/-

Chandigarh: Navraj Sandhu,

The 25th August, 2009 Financial Commissioner & Principal Secretary to Govt. Haryana, Social Justice & Empowerment Department.

SCHEME OF DEPLOYMENT OF CAREGIVERS

Introduction & Objectives

It has often been seen that persons with autism, cerebral palsy, mental retardation and multiple disabilities require constant and life long care of their persons. Care giving families have reported that with the increasing age of the child with disability as well as with the increasing age of the primary care givers, particularly the mother, providing care becomes more stressful, more demanding, labour intensive, costly and tiring. Although there are no reliable statistics to determine the population of persons with autism, cerebral palsy, mental retardation and multiple disabilities, it is generally known that those families that have amongst themselves any person having any of the above disabilities go through tremendous physical and financial strains throughout the life of the affected persons. Very often the families do not wish to institutionalize their disabled members not merely because cost of institutionalization is beyond their economic means but also because there is an emotional binding which dictates the decision to retain the disabled family member. The object of the National Trust for the welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities Act, 1999 is to empower families to retain their disabled members within the family and the community.

As the families are often reluctant and/or do not have the financial means for sending a person to an institution of any type, there is a need to bring relief to such families by providing caregivers services, which may be hired. National Trust has formulated a scheme for training of caregivers and setting up of a cell by6 trained caregivers, which will provide services by changing parents. As all the parents will not be able to pay, it proposed to provide free services to BPL families. The caregivers can change from the APL families. Therefore, the Haryana State has formulated a scheme of Deployment of caregivers. This scheme also takes care of career prospects and career progression of caregivers, effective arrangement for deployment after training & to provide incentive to make care giving as a preferred career. The scheme will be implemented in the group form i.e. Group Care Centre within their locality so that they can avail these services nearest to their home.

B. Training of Caregivers

The National Trust has given training to 68 caregivers in the State. In future, training programme for caregivers will be tied up with the National Trust on need base. The training programmes will be conducted on the basis of training module prescribed by the National Trust. The cost of training and setting up of a cell of caregivers will be met by National Trust. The financial assistance will be give to caregivers NGOs.

C. Coverage of the Scheme

In the first phase this Scheme will be implemented in the selected districts i.e. Rohtak, Sonepat, Bhiwani, Sirsa, Karnal and Faridabad in the State. Gradually, the Scheme may be expanded in other districts on the availability of the funds.

D. Financial Implications of the Scheme

Basically, the Scheme will cover BPL PwD beneficiaries without charging any user’s fees but APL PwD cases may be included in this scheme and for this they will have to pay Rs. 100/- per month as user’s fees. The Scheme will be implemented on group basis and the ratio of BPL PwD & APL PwD will be 5:3. In first phase such ten Group Care Centres will be established. These Centres will be set up through District Red Cross Societies or reputed NGO working in the field of mental retardation. Each Group Care Centre will be run by trained caregiver. Who will be given Rs. 2000/- and Rs. 500/- for every BPL MR child. Minimum number of children 5 and maximum 8. If there are none then. One additional caregiver can be given.( Timing 9 A.M. to 5.00 P.M.).

E. Break-up of Annual Budget for 10 Group Care Centres

Recurring Expenses:

(a) Honorarium to caregivers

@ Rs. 5,000/- per caregivers p.m.- Rs.5,000/- X10X12 = Rs.6,00,000/-

(b) Visit charges of Speech -Rs.250/- X10X24 =Rs. 60,000/- Occupational/PhysioTherapist/Doctors(2 visits per Month @ Rs.250/- per visit)

@ Rs.300/- p.m

(d) One Assistant for Monitoring at Headquarter of Social Justice & Empowerment Haryana.

Non-recurring Expenses ( one time in 5 years )

Furniture (2 chairs, one table, - Rs. 25,000/- X 10 = Rs.2,50,000/-

one almirah ,one dari), play/learning materials, Daily Living Activity material etc.)

The user’s fees received from APL PWD will be utilized for these Group Care Centres on cultural, games and competitive activities etc. of persons with disabilities.

F. Accommodation for Group Care Centre

The rent free accommodation will be provided by Gram Panchayat /Local Bodies of the concerned village/town/city.

Eligibility

(a) The beneficiary i.e. person with disability under National Trust Act should be a domicile of Haryana State & should be residing in Haryana for the last 3 years at the time of submission of application.

(b) The PWD should be the age of below 18 years or have severe disability.

H. Implementing Agency

The District Red Cross Branch of the concerned district or reputed NGO will be the implementing agency which will be selected by the Director, Social Justice & Empowerment Department, Haryana.

I. Release of Funds

The NGO will apply for annual funds to the Director, Social Justice & Empowerment Department, Haryana and the department will release the funds to the concerned NGO in the form of grant-in-aid.

J. Physical & Financial Report

The NGO will submit the physical & financial report quarterly to the Director, Social Justice & Empowerment Department, Haryana. In the end of financial year, income and expenditure statement along with utilization certificate duly issued by the Chartered Accountant will be submitted to the department.

K. Monitoring of the Scheme.

A Nodal Officer will be appointed by the department who will be the authority to monitor the scheme and he/she will be competent to inspect and forward the proposal for grant-in-aid under this Scheme.

*******

Funding to Local Level Committee

Under the local Level Committee, presently. We are providing Rs. 10,000 per annum for the various activities which includes awareness generation, appointment of Guardians, sensitization of NGOs, etc. Now, it is proposed to increase the amount of Rs. 50,000 with the help of State Government so that activities of the LLC Can be increased with additional financial grants for publicity material, provision for appoi8ntment of staff, organizing sensitization public relation activities, as there are number of districts in our country that we are proposing to support, existing LLC as well, to cover the remaining districts of the country which is having large number.

Out of this Rs. 50,000, Rs 10,000 is already given by the National Trust and for the additional Rs. 40,000 we except Rs. 20,000 matching contribution from the State Government so that the balance amount of Rs. 20,000 can be borne by National Trust.

The tentative budget head/ break- up of budget is given below:

(a) Printing of awareness material Rs. 12,000.00

(b) Appointment of contractual staff @ Rs. 250

Per week, 2 days a week Rs. 12,000.00

(d) Awareness/ sensitization/ publicity/ activities Rs. 12,000.00

(e) Contingency (includes monitoring of legal Guardians)Rs. 2,000.00

(f) Vocational/job oriented training/training For self- Rs. 10,000.00

Employment ____________

Rs. 50,000.00

Whether is only one district in the UT, the annual expenditure for the UT share would be Rs. 20000=20,000/- per annum which will take the scheme long way.

NIRAMAYA

(A Health Insurance Scheme for the Welfare of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities)

The National Trust for the welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities has introduced a Health Insurance Scheme with the collaboration with ICICI Lombard called “Niramaya” for above four disabilities. The details of the Scheme are as under:

OBJECTIVE

To provide affordable Health Insurance to Persons with Autism, Cerebral Palsy, Mental Retardation & Multiple Disabilities.
To encourage health services seeking behavior among persons with disability.
to improve the general health condition & quality of life of persons with disability.

SCHEME & ITS COVERAGE

The scheme envisages to deliver ‘Community based’ cover which will

Have a single premium across age band
Provide same coverage irrespective of the type of disability
Insurance cover upto 1.0 lakh Rs. and
All persons with disabilities will be eligible and included and there will be no ‘selection’

The Scheme further envisages that there shall be

No exclusion of Pre-existing condition
Same cover as that for other persons
Services ranging from regular Medical Checkup to Hospitalization. Therapy to Corrective Surgery, Transportation
Conditions requiring repetitive medical intervention as an in-patient
Pre & Post hospitalization expenses, subject to limits.
No pre-insurance medical tests
Cashless settlements only
Smart/Biometric cards with not only health data but also provision for other (Micro) financial data

The details of services with financial limits are as given in Annexure-‘A’. The scheme is extended in all the districts of the country (except J&K)

ENROLMENT OF BENEFICIARIES

All the registered organizations of National Trust are engaged in enrolment of beneficiaries. A sample enrolment form is enclosed in Annexure-B. The same is available in the web site of National Trust (nationaltrust.org.in) also.

ENPANELLMENT OF HEALTH SERVICE PROVIDERS

Under the scheme, health services will be provided by a network of hospital, nursing homes which will be duly empanelled for the scheme. Such service provider shall be of good quality fulfilling relevant requirements of the scheme.

PREMIUM & STOP LOSS

The premium amount is Rs.99/-per year for persons with income upto Rs.15,000/-p.m.which is paid by National Trust Others have to deposited Rs.250/- as processing fee. Details of the payment procedure is given in the enrolment form. In case of total claims exceeding the total premium amount, the Insurance Company will cover the risk up to 120% of the total premium amount i.e. the insurance company can have a stop loss at 120% of total premium amount. Similarly in case of claims falling short of total premium amount , the Insurance company shall pay back 90% of the savings, after deducting 20% as administrative cost.

IMPLEMENTATION

The Nodal Agency for implementation of the scheme is M/S Alegion Insurance Broking Ltd., 117, St. EBBA’S Avenue, P.S. Sivasamy Salai, Millipore, Chennai, Ph.No.9789982257, 9789982242.

The Scheme will be implemented through NGO member of LLC of concerned District. The NGO will enroll the beneficiaries and keep the records of the beneficiaries.

The beneficiary should be a domicile of Haryana State and should be residing in Haryana State for the last three years at the time of submission of application. He/She will have to submit domicile proof for this purpose issued by the competent authority.

ANNEXURE-A
INSURANCE BENEFITS HEALTH
List of Benefits (including pre-existing conditions) Limits (Rs.)

1	Cashless Hospitalization	100000
2	Domiciliary Hospitalization including Nursing charges	20000
3	Corrective Surgeries for existing disability including congenital disability	50000
4	Surgery to prevent further aggravation of disability	15000
5	Post operative care including Therapies for 6 months	15000
6	OPD Services (consultation and medicines) for all ailments and diseases.	10000
7	Regular Medical checkup for non-ailing Disabled.(Per Year)	10000
8	Pathology, Radiology, Advance tests for Diagnosis of illnesses and monitoring disability	7500
9	Ongoing Therapies to reduce impact of disability and disability related complications.	7500
10	Dental-Preventive Dentistry	7500
11	Transport charges for seeking medical services	1500
12	Alternative Medicine	2000

NIRAMAYA

ANNEXURE - B

(Health Insurance Scheme for Persons with Disabilities under the National Trust Act)

ENROLLMENT FORM

Name of Person with Disability (PWD) Passport photo

Father’s / Husband’s Name
(i) Age (ii) Sex (iii) Status : Married/Unmarried
Educational Qualifications
Type of Disability Tick here Percentage

a) Autism

b) Cerebral Palsy

c) Mental Retardation

d) Multiple Disabilities

please specify disabilities

Name of legal guardian, if any and relationship with PWD
Address of PWD for correspondence

PIN Phone email

Family Income of PWD /Parent
If family income above 15000 pm, details of amount

paid by the PWD to National Trust (Niramaya) Bank

Account (State Bank of India A/c 30396764585)*

10 Disability & Income verified & found correct.

(Signature & seal of LLC-NGO member)

11. Name & Designation of the authorized person of the NGO forwarding this enrollment form

Name of the NGO
Place Date Signature of the authorized person

Note:

Persons having family income of Rs.15,000/- p.m. are covered free under the scheme. For others a processing fee of Rs. 250/- to be deposited in savings Account No. 30396764585 in State Bank of India in favour of National Trust (Niramaya) and bank deposit receipt should be affixed as proof of payment along with the enrolment form.
This form can be submitted, till the enrollment process is continuing, to any registered organization of National Trust (list in the web site www.nationaltrust.org.in) in the district or to the registered office of ALEGION Insurance Broking Ltd., 117, St. Ebba’s Avenue, P.S. Sivasamisalai, Millipore, Chennai- 600 004.
Photocopies of Income Certificate, Disability Certificate & Address proof should be attached.
In case of any difficulty in getting the income certificate and /or disability certificate, the same may be obtained from the NGO member of Local Level Committee (LLC) of the district (LLC in case of Jabalpur) (list in the web site www.nationaltrust.org.in) who are authorized to issue such certificates, only for the purpose of this scheme.
Alternatively, income & disability details furnished on the form should be countersigned by the LLC NGO member (LLC in case of Jabalpur)
After submission of enrollment form, it will take around two months to process & distribute Health Card, if approved. Applicants are advised to check up with the NGO concerned where forms were submitted on 10^th/25^th of every month giving two month clear time for processing.

Benefits under the scheme can be availed by showing the health card at empanelled hospitals/health centres on cashless basis anywhere in India. At other places, benefits can be availed on reimbursement basis only.

Subject To implement GHARAUNDA scheme.

-----

National Trust, New Delhi has forwarded a GHARAUNDA scheme under the National Trust Act, 1999 to implement in the State. Under this scheme facilities of whole life shelter and maintenance will be provided to the Autism, cerebral Palsy, Mental Retardation and Multiple Disabilities. For setting up/implementation of National Trust will provide Rs. 1.00 crore and the same share will be met by the State Government. State Govt. also provide land for construction of Group Home Centre. National Trust desired acceptance of the State for setting up of these centres. This scheme will be run by the NGOs having vast knowledge/experience in the field of Disabled Welfare and having sound financial position.

Under this scheme the following facilities will be provided to the Disabled Persons:-

Barrier free environment will be provided to the inmates;
Healthy diet and hygienic food will be provided 3 times in a day;
Necessary clothes will be provided free of cost;
Health services will be provided round the clock like as physiotherapy, medical check-up, speech therapy etc.
An accidental insurance policy amounting to Rs.50,000/- for each inmates;
Educational and Vocational Training facilities will also be provided;
Recreational and supports facilities;
Female caretaker will be provided to female inmates separately;
Complete security arrangement.

A memorandum of agreement between the National Trust and care service provider will be signed.

Under this scheme a corpus fund will be set up in which an amount of Rs. 2.00 crore (1.00 crore National Trust & 1.00 crore State Govt.) out of which the expenses relating to building, furniture, boarding-lodging, utensils etc. will be met out. In the initial stage group home measuring approximately 5000 sq.foot covered area will be set up for 40 inmates and for this purpose Rs.50.00 lakh will be met out of the corpus fund. The interest amount accrued on the remaining 1.50 crore rupee (approximate Rs.15.00 lakh) will be utilised for running/providing facilities to the inmates. As per the estimate Rs.4,000/- per month, per inmate purposed to be utilised and in this way Rs.11,52,000/- ¼4000x24x12=11]52]000@&½ annually will be utilised.

Out of the 40 seats 24 seats will be reserved for the beneficiaries belonging to BPL category and remaining 16 seats will be kept as paid seat for the inmates belonging above poverty line category. For this Rs. 9.60 lakh per seat will be charged from the parents/guardians of the inmate.

As regards the availability of land for construction of building it is purposed that land available in the premises of District Rehabilitation Centre, Bhiwani can be utilised for construction of building for the group care centre boys and the land/building available with Mahila Ashram, Rohtak can be utilised for the female group care centre.

For more details visit https://cis-india.org/accessibility/resources/information-about-schemes-for-disabled-haryana

Overview of Responses

praskrishna — 2014-09-30T06:49:53Z

For more details visit https://cis-india.org/internet-governance/blog/overview-of-responses.pdf

Links in the Chain - Volume X, issue 3

praskrishna — 2012-12-05T07:33:34Z

Digital Natives newsletter, Volume X, issue 3.

For more details visit https://cis-india.org/digital-natives/blog/changing-face-of-citizen-action.pdf

Privacy & Media Law

Sonal Makhija — 2012-12-14T10:26:51Z

In her research, Sonal Makhija, a Bangalore-based lawyer, tries to delineate the emerging privacy concerns in India and the existing media norms and guidelines on the right to privacy. The research examines the existing media norms (governed by Press Council of India, the Cable Television Networks (Regulation) Act, 1995 and the Code of Ethics drafted by the News Broadcasting Standard Authority), the constitutional protection guaranteed to an individual’s right to privacy upheld by the courts, and the reasons the State employs to justify the invasion of privacy. The paper further records, both domestic and international, inclusions and exceptions with respect to the infringement of privacy.

Introduction

Last year’s satirical release, Peepli [Live], accurately captured what takes place in media news rooms. The film revolves around a debt-ridden farmer whose announcement to commit suicide ensue a media circus. Ironically, in the case of the Radia tapes, the same journalists found themselves in the centre of the media’s frenzy-hungry, often intrusive and unverified style of reporting.[1] Exposés, such as, the Radia tapes and Wikileaks have thrown open the conflict between the right to information, or what has come to be called ‘informational activism’, and the right to privacy. Right to information and the right to communicate the information via media is guaranteed under Article 19(1) (a) of the Constitution of India. In State of Uttar Pradesh v Raj Narain,[2] the Supreme Court of India held that Article 19(1) (a), in addition, to guaranteeing freedom of speech and expression, guarantees the right to receive information on matters concerning public interest. However, more recently concerns over balancing the right to information with the right to privacy have been raised, especially, by controversies like the Radia-tapes.

For instance, last year Ratan Tata filed a writ petition before the Supreme Court of India alleging that the unauthorised publication of his private conversations with Nira Radia was in violation of his right to privacy. The writ, filed by the industrialist, did not challenge the action of the Directorate-General of Income Tax to record the private conversations for the purpose of investigations. Instead, it was challenging the publication of the private conversations that took place between the industrialist and Nira Radia by the media. Whether the publication of those private conversations was in the interest of the public has been widely debated. What the Tata episode brought into focus was the need for a law protecting the right to privacy in India.

India, at present, does not have an independent statute protecting privacy; the right to privacy is a deemed right under the Constitution. The right to privacy has to be understood in the context of two fundamental rights: the right to freedom under Article 19 and the right to life under Article 21 of the Constitution.

The higher judiciary of the country has recognised the right to privacy as a right “implicit in the right to life and liberty guaranteed to the citizens of this country by Article 21”. The Indian law has made some exceptions to the rule of privacy in the interest of the public, especially, subsequent to the enactment of the Right to Information Act, 2005 (RTI). The RTI Act, makes an exception under section 8 (1) (j), which exempts disclosure of any personal information which is not connected to any public activity or of public interest or which would cause an unwarranted invasion of privacy of an individual. What constitutes an unwarranted invasion of privacy is not defined. However, courts have taken a positive stand on what constitutes privacy in different circumstances.

The purpose of this paper is to delineate the emerging privacy concerns in India and the existing media norms and guidelines on the right to privacy. At present, the media is governed by disparate norms outlined by self-governing media bodies, like the Press Council of India, the Cable Television Networks (Regulation) Act, 1995 and the Code of Ethics drafted by the News Broadcasting Standard Authority (NBSA). The paper examines the existing media norms, constitutional protection guaranteed to an individual’s right to privacy and upheld by courts, and the reasons the State employs to justify the invasion of privacy. The paper records, both domestic and international, inclusions and exceptions with respect to the infringement of privacy.

The paper traces the implementation of media guidelines and the meanings accorded to commonly used exceptions in reporting by the media, like, ‘public interest’ and ‘public person’. This paper is not an exhaustive attempt to capture all privacy and media related debates. It does, however, capture debates within the media when incursion on the right to privacy is considered justifiable. The questions that the paper seeks to respond to are: When is the invasion on the right to privacy defensible? How the media balances the right to privacy with the right to information? How is ‘public interest’ construed in day-to-day reporting? The questions raised are seen in the light of case studies on the invasion of privacy in the media, the interviews conducted with print journalists, the definition of the right to privacy under the Constitution of India and media’s code of ethics.

Constitutional Framework of Privacy

The right to privacy is recognised as a fundamental right under the Constitution of India. It is guaranteed under the right to freedom (Article 19) and the right to life (Article 21) of the Constitution. Article 19(1) (a) guarantees all citizens the right to freedom of speech and expression. It is the right to freedom of speech and expression that gives the media the right to publish any information. Reasonable restrictions on the exercise of the right can be imposed by the State in the interests of sovereignty and integrity of the State, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. Article 21 of the Constitution provides, "No person shall be deprived of his life or personal liberty except according to procedure established by law." Courts have interpreted the right to privacy as implicit in the right to life. In R.Rajagopal v. State of T.N.[3]; and PUCL v. UOI[4], the courts observed that the right to privacy is an essential ingredient of the right to life.

For instance, in R. Rajagopal v State of Tamil Nadu, Auto Shankar — who was sentenced to death for committing six murders — in his autobiography divulged his relations with a few police officials. The Supreme Court in dealing with the question on the right to privacy, observed, that the right to privacy is implicit in the right to life and liberty guaranteed to the citizens of the country by Article 21. It is a ‘right to be left alone.’ "A citizen has a right to safeguard the privacy of his own, his family, marriage, procreation, motherhood, child-bearing and education among other matters.” The publication of any of the aforesaid personal information without the consent of the person, whether accurate or inaccurate and ‘whether laudatory or critical’ would be in violation of the right to privacy of the person and liable for damages. The exception being, when a person voluntarily invites controversy or such publication is based on public records, then there is no violation of privacy.

In PUCL v. UOI,[5]which is popularly known as the wire-tapping case, the question before the court was whether wire-tapping was an infringement of a citizen’s right to privacy. The court held that an infringement on the right to privacy would depend on the facts and circumstances of a case. It observed that, "telephone conversation is an important facet of a man's private life. Right to privacy would certainly include telephone-conversation in the privacy of one's home or office. Telephone-tapping would, thus, infract Article 21 of the Constitution of India unless it is permitted under the procedure established by law." It further observed that the right to privacy also derives from Article 19 for "when a person is talking on telephone, he is exercising his right to freedom of speech and expression."

In Kharak Singh v. State of U.P,[6] where police surveillance was being challenged on account of violation of the right to privacy, the Supreme Court held that domiciliary night visits were violative of Article 21 of the Constitution and the personal liberty of an individual.

The court, therefore, has interpreted the right to privacy not as an absolute right, but as a limited right to be considered on a case to case basis. It is the exceptions to the right to privacy, like ‘public interest’, that are of particular interest to this paper.

International Conventions

Internationally the right to privacy has been protected in a number of conventions. For instance, the Universal Declaration of Human Rights, 1948 (UDHR) under Article 12 provides that:

"No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, or to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks."

The UDHR protects any arbitrary interference from the State to a person’s right to privacy. Similarly, International Covenant on Civil and Political Rights, 1976 (ICCPR) under Article 17 imposes the State to ensure that individuals are protected by law against “arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. [7]

Thus, ensuring that States enact laws to protect individual’s right to privacy. India has ratified the above conventions. The ratification of the Conventions mandates the State to take steps to enact laws to protect its citizens. Although, human right activists have periodically demanded that the State take adequate measures to protect human rights of the vulnerable in society, the right to privacy has received little attention.

Similarly, Article 16 of the Convention on the Rights of the Child (CRC) provides protection to a minor from any unlawful interference to his/her right to privacy and imposes a positive obligation on States who have ratified the convention to enact a law protecting the same. India does have safeguards in place to protect identity of minors, especially, juveniles and victims of abuse. However, there are exceptions when the law on privacy does not apply even in case of a minor.

The right to privacy, therefore, is not an absolute right and does not apply uniformly to all situations and all class of persons. For instance, privacy with respect to a certain class of persons, like a person in public authority, affords different protection as opposed to private individuals.

Public Person

In case of a representative of the public, such as a public person, the right to privacy afforded to them is not of the same degree as that to a private person. The Press Council of India (PCI) has laid down Norms of Journalistic Conduct, which address the issue of privacy. The PCI Norms of Journalistic Conduct, recognises privacy as an inviolable human right, but adds a caveat; that the degree of privacy depends on circumstances and the person concerned.

In the landmark judge’s asset case, CPIO, Supreme Court of India vs Subhash Chandra Agarwal,[8] the court recognised the tension between the right to information and the right to privacy, especially, with respect to public persons. The case arose from an application filed by a citizen who was seeking information under the RTI Act on whether judges of high courts and Supreme Court were filing asset declarations in accordance with full resolution of the Supreme Court. The court held that information concerning private individuals held by public authority falls within the ambit of the RTI Act. It remarked that whereas public persons are entitled to privacy like private persons, the privacy afforded to private individuals is greater than that afforded to those in public authority, especially in certain circumstances.

The court commented:

"A private citizen's privacy right is undoubtedly of the same nature and character as that of a public servant. Therefore, it would be wrong to assume that the substantive rights of the two differ. Yet, inherent in the situation of the latter is the premise that he acts for the public good, in the discharge of his duties, and is accountable for them. The character of protection, therefore, afforded to the two classes — public servants and private individuals, is to be viewed from this perspective. The nature of restriction on the right to privacy is therefore, of a different order; in the case of private individuals, the degree of protection afforded is greater; in the case of public servants, the degree of protection can be lower, depending on what is at stake."

In testing whether certain information falls within the purview of the RTI Act, the court said one should consider the following three tests:

whether the disclosure of the personal information is with the aim of providing knowledge of the proper performance of the duties and tasks assigned to the public servant in any specific case;
whether the information is deemed to comprise the individual's private details, unrelated to his position in the organization, and,
whether the disclosure will furnish any information required to establish accountability or transparency in the use of public resources.

Would this rule hold true for information on relatives/ friends of public persons? The rule is that, unless, private information on relatives/friends of public person’s impacts public interest and accountability, the information should not be revealed.

In 2010, the media reported that Sunanda Pushkar, a close friend of the Minister of State for External Affairs, Shashi Tharoor, holds a significant holding in the IPL Kochi team. The media exposure led to the exit of Shashi Tharoor from the government. While the media’s questioning of Pushkar’s holdings was legitimate, the media’s reporting on her past relationships and how she dressed had no bearing on public interest or accountability.[9] The media accused Pushkar of playing proxy for Tharoor in the Rs. 70 crore sweat equity deal. Much of the media attention focussed on her personal life, as opposed to, how she attained such a large stake in the IPL Kochi team. It minutely analysed her successes and failures, questioned her ability and accused her of having unbridled ambition and greed for money and power.[10]

If one was to consider the rules of privacy set by the court in the judges assets’ case much of the personal information published by the media on Tharoor and Pushkar, failed to shed light on the IPL holdings or the establishment of the nexus between the IPL holdings and the government involvement.

The tests delineated by the court in considering what personal information regarding a public authority may be shared under the RTI Act, can be adopted by the media when reporting on public officials. If personal information divulged by the media does not shed light on the performance of a public official, which would be of public interest, then the information revealed violates the standards of privacy. Personal details which have no bearing on public resources or interests should not be published.

The media coverage of the Bombay terror attacks displayed the same lack of restraint, where the minutest details of a person’s last communication with his/her family were repeatedly printed in the media. None of the information presented by the media revealed anything new about the terror attack or emphasised the gravity of the attack.

A senior journalist, who talked off the record and reported on the Mumbai terror attacks, agreed that the media overstepped their limits in the Mumbai terror attacks. As per her, violation of privacy takes place at two stages: the first time, when you overstep your boundaries and ask a question you should not have, and the second, when you publish that information. Reflecting on her ten years of reporting experience, she said, “Often when you are covering a tragedy, there is little time to reflect on your reporting. Besides, if you, on account of violating someone’s privacy, choose not to report a story, some competing paper would surely carry that story. You would have to defend your decision to not report the story to your boss.” The competitiveness of reporting and getting a story before your competitor, she agreed makes even the most seasoned journalists ruthless sometimes. Besides, although PCI norms exist, not many read the PCI norms or recall the journalistic ethics when they are reporting on the field.[11]

The PCI Norms reiterate that the media should not intrude "the privacy of an individual, unless outweighed by genuine overriding public interest, not being a prurient or morbid curiosity."[12] The well accepted rule, however, is that once a matter or information comes in the public domain, it no longer falls within the sphere of the private. The media has failed to make the distinction between what is warranted invasion of privacy and what constitutes as an unwarranted invasion of privacy. For instance, identity of a rape or kidnap victim that would further cause discrimination is often revealed by the media.

Safeguarding Identity of Children

The Juvenile Justice (Care and Protection of Children) Act lays down that the media should not disclose the names, addresses or schools of juveniles in conflict with the law or that of a child in need of care and protection, which would lead to their identification. The exception, to identification of a juvenile or child in need of care and protection, is when it is in the interest of the child. The media is prohibited from disclosing the identity of the child in such situations.

Similarly, the Convention on the Rights of the Child (CRC) stipulates that:

Article 16

No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, or correspondence, nor to unlawful attacks on his or her honour and reputation.
The child has the right to the protection of the law against such interference or attacks.

Article 40 of the Convention, states that the privacy of a child accused of infringing penal law should be protected at all stages of the proceedings.

Almost all media, print and broadcast, fail to observe these guidelines. Prashant Kulkarni[13] (name changed), who was a photographer with Reuters a few years ago, said that in Reuters photographs taken by photojournalists could not be altered or edited, to ensure authenticity.

As far as taking photographs of certain vulnerable persons is concerned, he admitted to photographing street children who are drug addicts on the streets of Mumbai. The photographs were published by Reuters. However, when he was on an assignment for an NGO working with children, the NGO cautioned him about photographing children who are drug addicts, to protect their identity. Similarly, identity of HIV and AIDS patients, including children, should be protected and not revealed. Children affected with HIV and AIDS should not be identified by name or photograph, even if consent has been granted by the minor’s parents/guardian.

As a rule, Kulkarni said, he does not seek consent of individuals when he is taking their photographs, if they are in a public place. If they do not object, the assumption is that they are comfortable with being photographed. The PCI norms do not expressly provide that consent of a person should be sought. But, journalists are expected to exercise restraint in certain situations. Likewise, identifying juveniles in conflict with law is restricted. This includes taking photographs of juveniles that would lead to their identification.

Kulkarni, who extensively covered the Bombay train blasts in 2006, explains, "At the time of the Bombay train explosions, I avoided taking pictures that were gory or where dead people could be identified. However, I did take photographs of those injured in the blast and were getting treated in government hospitals. I did not expressly seek their consent. They were aware of being photographed. That is the rule I have applied, even when I was on an assignment in West Africa. I have never been on an assignment in Europe, so am not sure whether I would have applied the same rule of thumb. Nonetheless, now as a seasoned photographer, I would refrain from taking pictures of children who are drug addicts."

Safeguarding Identity of Rape Victims

Section 228A of the Indian Penal Code makes disclosure of the identity of a rape victim punishable. In the recent Aarushi Talwar murder case and the rape of an international student studying at the Tata Institute of Social Sciences (TISS) the media frenzy compromised the privacy of the TISS victim and besmirched the character of the dead person.[14] In the TISS case, the media did not reveal the name of the girl, but revealed the name of the university and the course she was pursuing, which is in violation of the PCI norms. In addition to revealing names of individuals, the PCI norms expressly states that visual representation in moments of personal grief should be avoided. In the Aarushi murder case, the media repeatedly violated this norm.

The media in both cases spent enough newsprint speculating about the crimes. Abhinav Pandey[15] (name changed), a senior journalist reporting on crime, agrees that the media crossed its boundaries in the TISS case by reporting sordid details of how the rape took place. "Names of victims of sexual crime cannot be reported. In fact, in many instances the place of stay and any college affiliation should also be avoided, as they could be easily identified. Explicit details of the offence drawn from the statement given by the victim to the police are irrelevant to the investigation or to the public at large. Similarly, names of minors and pictures, including those of juveniles, have to be safeguarded."

"Crime reporters receive most of their stories from the police. Therefore, one has to be careful before publishing the story. At times in the rigour of competitive journalism, if you decide to publish an unverified story, as a good journalist you should present a counter-point. As a seasoned journalist it is easy to sense when a story is being planted by the police. If you still want to carry the story, one has to be careful not to taint the character of a person," he adds.

"For instance, in my reporting if I find that the information will not add to the investigation, I will not include it in my copy. Last year, we had anonymous letters being circulated among crime reporters which alleged corruption among senior IPS officers. Instead of publishing the information contained in those letters with the names of the IPS officers, we published a story on corruption and cronyism on IPS officers. In the Faheem Ansari matter, who was an accused in the 26/11 trial, I had received his email account password. Accessing his account also amounts to violation of privacy. But, we only published the communication between him and some handlers in Pakistan, which we knew would have an impact on the investigation. Our job requires us to share information in the public domain, sometimes we would violate privacy. Nonetheless, one has to be cautious."

Trial by Media & Media Victimisation

The PCI norms lay down the guidelines for reporting cases and avoiding trial by media. The PCI warns journalists not to give excessive publicity to victims, witnesses, suspects and accused as that amounts to invasion of privacy. Similarly, the identification of witnesses may endanger the lives of witnesses and force them to turn hostile. Zaheera Sheikh, who was a key witness in the Gujarat Best Bakery case, was a victim of excessive media coverage and sympathy. Her turning hostile invited equal amount of media speculation and wrath. Her excessive media exposure possibly endangered her life. Instead, of focussing on the lack of a witness protection program in the country, the media focussed on the twists and turns of the case and the 19 year old’s conflicting statements. The right of the suspect or the accused to privacy is recognised by the PCI to guard against the trial by media.

Swati Deshpande,[16] a Senior Assistant Editor (Law) at the Times of India, Mumbai, observes that, “As a good journalist one will always have more information than required, but whether you publish that information or exercise restraint is up to you.” In a span of 11 years of court reporting, as per her, there have been instances when she has exercised the option of not reporting certain information that could be defamatory and cannot be attributed. If an allegation is made in a court room, but is not supported by evidence or facts, then it is advisable that it be dropped from the report.

"In the Bar Dancers’ case which was before the Bombay High Court, the petition made allegations of all kinds against certain ministers. I did not report that, although I could have justified it by saying it is part of the petition, and I was just doing my job. The allegation was neither backed by facts nor was it of public interest. As a rule one should report on undisputed facts. Then again, with court reporting one is treading on safer grounds, as opposed to other beats."

"In cases of rape when facts are part of the judgement, you report facts that are relevant to the judgement or give you an insight on why the court took a certain view and add value to the copy. One should avoid a situation where facts revealed are offensive or reveal the identity of the victim. The past history of both the victim and the accused should not be reported."

She admitted, that "Media reporting often gives the impression that the accused has committed the crime or the media through its independent investigation wing has found a particular fact. When in fact, it has relied entirely on the information given by the police and failed to question or verify the facts by an independent source. The result is that most crime reporting is one-sided, because the information received from the police is rarely questioned."

As per her, to a certain degree the publication of Tata–Radia conversations did violate Tata’s privacy. "Media needs to question itself prior to printing on how the information is of public interest. Of course, as a journalist you do not want to lose out on a good story, but there needs to be gate keeping, which is mostly absent in most of the media today."

In the Bofors pay-off case[17] the High Court of Delhi, observed that, “The fairness of trial is of paramount importance as without such protection there would be trial by media which no civilised society can and should tolerate. The functions of the court in the civilised society cannot be usurped by any other authority.”[18] It further criticised the trend of police or the CBI holding a press conference for the media when investigation of a crime is still ongoing. The court agreed that media awareness creates awareness of the crime, but the right to fair trial is as valuable as the right to information and freedom of communication.

The 200th report of the Law Commission dealt with the issue of Trial by media: Free Speech vs Fair Trial under Criminal Procedure. The report, focussed on the pre-judicial coverage of a crime, accused and suspects, and how it impacts the administration of justice. The Contempt of Courts Act, under section 2 defines criminal contempt as:

"…the publication, (whether by words, spoken or written or by signs, or by visible representations, or otherwise), of any matter or the doing of any other act whatsoever which
(i) … … … …
(ii) prejudices or interferes or tends to interfere with the due course
of any judicial proceedings; or
(iii) interferes or tends to interfere with or obstructs or tends to obstruct, the administration of justice in any manner."

Section 3(1) of the Act exempts any publication and distribution of publication, "if the publisher had no reasonable grounds for believing that the proceeding was pending”. In the event, the person is unaware of the pendency, any publication (whether by words spoken or written or signs or visible representations) interferes or tends to interfere with or obstructs “the course of justice in connection with any civil or criminal proceeding pending at the time of publication, if at that time he had no reasonable grounds for believing that the proceeding was pending." The report emphasizes that publications during the pre-trial stage by the media could affect the rights of the accused. An evaluation of the accused’s character is likely to affect or prejudice a fair trial.

If the suspect’s pictures are shown in the media, identification parades of the accused conducted under Code of Civil Procedure would be prejudiced. Under Contempt of Court Act, publications that interfere with the administration of justice amount to contempt. Further, the principles of natural justice emphasise fair trial and the presumption of innocence until proven guilty. The rights of an accused are protected under Article 21 of the Constitution, which guarantees the right to fair trial. This protects the accused from the over-zealous media glare which can prejudice the case. Although, in recent times the media has failed to observe restraint in covering high-profile murder cases, much of which has been hailed as media’s success in ensuring justice to the common man.

For instance, in the Jessica Lal murder case, the media took great pride in acting as a facilitator of justice. The media in the case whipped up public opinion against the accused and held him guilty even when the trial court had acquitted the accused. The media took on the responsibility of administering justice and ensuring the guilty are punished, candle light vigils and opinion polls on the case were organised by the media. Past history of the accused was raked up by the media, including photographs of the accused in affluent bars and pubs in the city were published after he was acquitted. The photographs of Manu Sharma in pubs insinuated how he was celebrating after his acquittal.

The Apex Court observed that the freedom of speech has to be carefully and cautiously used to avoid interference in the administration of justice. If trial by media hampers fair investigation and prejudices the right of defence of the accused it would amount to travesty of justice. The Court remarked that the media should not act as an agency of the court.[19]

The Court, commented, "Presumption of innocence of an accused is a legal presumption and should not be destroyed at the very threshold through the process of media trial and that too when the investigation is pending."[20]

Sting Operations

On 30 August, 2007 Live India, a news channel conducted a sting operation on a Delhi government school teacher forcing a girl student into prostitution. Subsequent to the media exposé, the teacher Uma Khurana[21] was attacked by a mob and was suspended by the Directorate of Education, Government of Delhi. Later investigation and reports by the media exposed that there was no truth to the sting operation. The girl student who was allegedly being forced into prostitution was a journalist. The sting operation was a stage managed operation. The police found no evidence against the teacher to support allegations made by the sting operation of child prostitution. In this case, the High Court of Delhi charged the journalist with impersonation, criminal conspiracy and creating false evidence. The Ministry of Information and Broadcasting sent a show cause notice to TV-Live India, alleging the telecast of the sting operation by channel was “defamatory, deliberate, containing false and suggestive innuendos and half truths."[22]

Section 5 of the Cable Television Networks (Regulation) Act, 1995 and the Cable Television Network Rules (hereafter the Cable Television Networks Act), stipulates that no programme can be transmitted or retransmitted on any cable service which contains anything obscene, defamatory, deliberate, false and suggestive innuendos and half truths. The Rules prescribes a programming code to be followed by channels responsible for transmission/re-transmission of any programme.

The programme code restricts airing of programmes that offend decency or good taste, incite violence, contains anything obscene, defamatory, deliberate, false and suggestive innuendos and half truths, criticises, maligns or slanders any individual in person or certain groups, segments of social, public and moral life of the country and affects the integrity of India, the President and the judiciary. The programme code provided by the Rules is exhaustive. The Act empowers the government to restrict operation of any cable network it thinks is necessary or expedient to do so in public interest.

The court observed that false and fabricated sting operations violate a person’s right to privacy. It further, observed, "Giving inducement to a person to commit an offence, which he is otherwise not likely and inclined to commit, so as to make the same part of the sting operation is deplorable and must be deprecated by all concerned including the media.” It commented that while “…sting operations showing acts and facts as they are truly and actually happening may be necessary in public interest and as a tool for justice, but a hidden camera cannot be allowed to depict something which is not true, correct and is not happening but has happened because of inducement by entrapping a person."[23]

The court criticised the role of the media in creating situations of entrapment and using the ‘inducement test’. It remarked that such inducement tests infringe upon the individual's right to privacy. It directed news channels to take steps to prohibit “reporters from producing or airing any programme which are based on entrapment and which are fabricated, intrusive and sensitive.[24]

The court proposed a set of guidelines to be followed by news channels and electronic media in carrying out sting operations. The guidelines direct a channel proposing to telecast a sting operation to obtain a certificate from the person who recorded or produced the same certifying that the operation is genuine to his knowledge. The guidelines propose that the Ministry of Information and Broadcasting should set up a committee which would have the powers to grant permission for telecasting sting operations. The permission to telecast a sting operation should be granted by the committee only if it is satisfied about the overriding public interest to telecast the sting operation. The guidelines mandate that, in addition, to ensuring accuracy, the operation should not violate a person’s right to privacy, "unless there is an identifiable large public interest” for broadcasting or publishing the material. However, the court failed to define what constitutes 'larger public interest'.

The PCI norms also lay down similar guidelines which require a newspaper reporting a sting operation to obtain a certificate from the person involved in the sting to certify that the operation is genuine and record in writing the various stages of the sting. The decision to report the sting vests with the editor who merely needs to satisfy himself that the sting operation is of public interest.

In addition, to the Cable Television Networks Act and the PCI norms, the News Broadcasting Standard Authority (NBSA) was set up in 2008 as a self-regulatory body by News Broadcasters Association.[25] The primary objective of the NBSA is to receive complaints on broadcasts. The NBSA has drafted a Code of Ethics and Broadcasting Standards governing broadcasters and television journalists. The Code of Ethics provides guiding principles relating to privacy and sting operations that broadcasters should follow.

With respect to privacy, the Code directs channels not to intrude into the private lives of individuals unless there is a “clearly established larger and identifiable public interest for such a broadcast.” Any information on private lives of persons should be “warranted in public interest.” Similarly, for sting operations, the Code directs that they should be used as “a last resort” by news channels and should be guided by larger public interest. They should be used to gather conclusive evidence of criminality and should not edit/alter visuals to misrepresent truth.

In a recent judgement on a supposed sting operation conducted by M/s. Associated Broadcasting Company Pvt. Limited[26] on TV9 on ‘Gay culture rampant in Hyderabad’, the NBA took suo motu notice of the violation of privacy of individuals with alternate sexual orientation and misuse of the tool of sting operation. NBA in its judgement held that the Broadcaster had violated clauses on privacy, sting operations and sex and nudity of the Code of Ethics. It further, observed, that the Broadcaster and the story did not reveal any justifiable public interest in using the sting operation and violating the privacy of individuals. In this particular case, the Broadcaster had revealed the personal information and faces of supposedly gay men in Hyderabad to report on the ‘underbelly’ of gay culture and life. However, the news report, as NBSA observed, did not prove any criminality and was merely a sensational report of gay culture allegedly prevalent in Hyderabad.

The PCI norms provide that the press should not tape-record conversations without the person’s express consent or knowledge, except where it is necessary to protect a journalist in a legal action or for “other compelling reason.” What constitutes a compelling reason is left to the discretion of the journalist.

It was in the 1980s, that the first sting operation on how women were being trafficked was carried out by the Indian Express reporter Ashwin Sarin. As part of the sting, the Express purchased a tribal girl called Kamla. Subsequently, in 2001, the sting operation conducted by Tehelka exposed corruption in defence contracts using spy cams and journalists posing as arms dealers. The exposé on defence contracts led to the resignation of the then defence minister George Fernandes. Sting operations gained legitimacy in India, especially in the aftermath of the Tehelka operation, exposing corruption within the government. The original purpose of a sting operation or an undercover operation was to expose corruption. Stings were justifiable only when it served a public interest. Subsequent to the Tehelka exposé, stings have assumed the status of investigative journalism, much of which has been questioned in recent times, especially, with respect to ethics involved in conducting sting operations and the methods of entrapment used by the media. Further, stings by Tehelka, where the newspaper used sex workers to entrap politicians have brought to question the manner in which stings are operated. Although, the overriding concern surrounding sting operations has been its authenticity, as opposed to, the issue of personal privacy.

For instance, in March 2005 a television news channel carried out a sting operation involving Bollywood actor Shakti Kapoor to expose the casting couch phenomenon in the movie industry. The video showing Shakti Kapoor asking for sexual favours from an aspiring actress, who was an undercover reporter, was received with public outrage. Nonetheless, prominent members of the media questioned the manner in which the sting was conducted. The sting was set up as an entrapment. The court has taken a strong view against the use of entrapment in sting operations. In the case of the Shakti Kapoor sting, privacy of the actor was clearly violated. The manner in which the sting was conducted casts serious doubt on who was the victim.[27]

Additionally, the sting violated the PCI norms. It failed to provide a record of the various stages of how the sting operation was conducted. In United Kingdom, the media when violating privacy of a person has to demonstrate that it is in the interest of the public.

International Law on Media & Privacy Ethics

United Kingdom

The Press Complaints Commission (PCC), UK is a self-regulatory body similar to NBA. The PCC has put down code of ethics to be followed by journalists. The PCC guidelines provide that everyone has the right to privacy and editors must provide reason for intrusions to a person’s privacy. This includes photographing individuals in private places without their consent. Interestingly, private places include public or private property "where there is a reasonable expectation of privacy." In India however, as Kulkarni pointed out, photographs are taken without the consent of an individual if he/she is in a public space.

Like the PCI norms, the PCC Code lays down guidelines to follow when reporting on minors (below 16 years of age) who have been victims of sexual assault. As per the guidelines, the identity of the children should be protected. Further, relatives or friends of persons convicted or accused of a crime should not be identified without their consent, unless the information is relevant to the story. References to a person’s race, colour, sexual orientation and gender should be avoided. For instance, the media reportage of the TISS rape case, which revealed the nationality and colour of the victim, would be in violation of the PCC Code. In the TISS rape case, the information on the nationality and colour of the victim was not only irrelevant to the story, but as amply demonstrated by the media it reinforced prejudices against white women as ‘loose or amoral’.[28]

As far as sting operations are concerned, the PCC lays down that the press must not publish material acquired by hidden camera or clandestine devices by intercepting private messages, emails or telephone calls without consent. However, revealing private information in cases of public interest is an exception to the general rule to be followed with respect to individual privacy. The PCC defines public interest to include, but it is not restricted to:

"i) Detecting or exposing crime or serious impropriety
ii) Protecting public health and safety
iii) Preventing the public from being misled by an action or statement of an individual or organisation"

It requires editors to amply demonstrate that a publication is of public interest. In case the material is already in public domain the same rules of privacy do not apply. However, in cases involving children below 16 years of age, editors must demonstrate exceptional public interest that overrides the interest of the child. Tellingly, the PCC recognises freedom of expression as public interest.

The PCC, to ensure that persons are not hounded by the media have started issuing desist orders. The PCC issues a desist notice to editors to prevent the media from contacting the person. Preventive pre-publication is when the PCC pre-empts a story that may be pursued or published and attempts to either influence the reporting of the story in a way that it is not in violation of a person’s privacy or persuades the media house not to publish the story. The PCC, however, does not have the powers to prevent publication.

Further, United Kingdom is a member of the European Convention on Human Rights (ECHR), which guarantees the right to privacy under Article 8 of the Convention: "Everyone has the right to respect for his private and family life, his home and his correspondence."

However, there is no independent law which recognises the right to privacy. The judiciary however has protected the right to privacy in several occasions, like in the famous J.K. Rowling case where the English Court held, that a minor’s photograph without the consent of the parent or guardian, though not offensive, violates the child’s right to privacy.[29]

France

The French legal system protects the right to privacy under: Article 9 of the Civil Code.

Article 9 of the Civil Code states:

Everyone has the right to respect for his private life. Without prejudice to compensation for injury suffered, the court may prescribe any measures, such as sequestration, seizure and others, appropriate to prevent or put an end to an invasion of personal privacy; in case of an emergency those measures may be provided for by an interim order. The right to privacy allows anyone to oppose dissemination of his or her picture without their express consent.

Article 9 covers both the public and private spheres, and includes not merely the publication of information but also the method of gathering information. Also, in France violation of one’s privacy is a criminal offence. This includes recording or transmitting private conversations or picture of a person in a private place without the person’s consent. This implies that privacy is not protected in a public place. Any picture taken of a person dead or alive, without their prior permission, is prohibited. Buying of such photographs where consent of a person also constitutes as an offence. Journalists, however, are not disqualified from the profession if they have committed such an offence.[30]

France has the Freedom of the Press of 29 July 1881 which protects minors from being identified and violent and licentious publication which targets minors. It punishes slander, publication of any information that would reveal the identity of a victim of a sexual offence, information on witnesses and information on court proceedings which include a person’s private life.[31]

Sweden

Privacy is protected in Sweden under its Constitution. All the four fundamental laws of the country: the Instrument of Government, the Act of Succession, the Freedom of the Press Act, and the Fundamental Law on Freedom of Expression protect privacy. The Instrument of Government Act of 1974 provides for the protection of individual privacy. It states that freedom of expression is limited under Article 13 of the Constitution:

"Freedom of expression and freedom of information may be restricted having regard to the security of the Realm, the national supply, public safety and order, the integrity of the individual, the sanctity of private life, or the prevention and prosecution of crime. Freedom of expression may also be restricted in economic activities. Freedom of expression and freedom of information may otherwise be restricted only where particularly important reasons so warrant."

Sweden has a Press Council which was established in 1916. The Council consists of the Swedish Newspaper Publishers' Association, the Magazine Publishers' Association, the Swedish Union of Journalists and the National Press Club. The Council consists of "a judge, one representative from each of the above-mentioned press organisations and three representatives of the general public who are not allowed to have any ties to the newspaper business or to the press organisations."

Additionally, there is an office of the Press Ombudsman which was established in 1969. Earlier the Swedish Press Council used to deal with complaints on violations of good journalistic practice. After the setting up of the Press Ombudsman, the complaints are first handled by the Press Ombudsman, who is empowered to take up matters suo motu. "Any interested members of the public can lodge a complaint with the PO against newspaper items that violate good journalistic practice. But, the person to whom the article relates to must provide a written consent, if the complaint is to result in a formal criticism of the newspaper."[33]

The Swedish Press Council reports that in the recent years, 350-400 complaints have been registered annually, of which most concern coverage of criminal matters and invasion of privacy.

Sweden, additionally, has a Code of Ethics which applies to press, radio and television. The Code of Ethics was adopted by the Swedish Co-operation Council of the Press in September 1995. The Code of Ethics for Press, Radio and Television in Sweden has been drawn up by the Swedish Newspaper Publishers' Association, the Magazine Publishers' Association, the Swedish Union of Journalists and the National Press Club.

The Code of Ethics lay down norms to be followed in respect of privacy. It states that caution should be exercised when publishing information that:

Infringes on a persons’ privacy, unless it is obviously in public interest,
Information on suicides or attempted suicides
Information on victims of crime and accidents. This includes publication of pictures or photographs[34]

Race, sex, nationality, occupation, political affiliation or religious persuasion in certain cases, especially when such information is of no importance, should not be published.

One should exercise care in use of pictures, especially, retouching a picture by an electronic method or formulating a caption to deceive the reader. In case a picture has been retouched, it should be indicated below the photograph.

Further, the Code asks journalists to consider “the harmful consequences that might follow for persons if their names are published” and names should be published only if it is in the public interest. Similarly, if a person’s name is not be revealed, the media should refrain from publishing a picture or any particulars with respect to occupation, title, age, nationality, sex of the person, which would enable identification of the person.

In case of court reporting or crime reporting, the Code states that the final judgement of the Court should be reported and given emphasis, as opposed to conducting a media trial. In addition, Sweden has incorporated the ECHR in 1994.

Japan

The Japan Newspaper Publishers & Editors Association or Nihon Shinbun Kyokai (NSK),[35] was established in 1946 as an independent and voluntary organisation to establish the standard of reporting, and protect and promote interests of the media. The organisation as part of its mandate has developed the Canon of Journalism, which provides for ethics and codes members of the body should follow. The Canon recognises that with the easy availability of information, the media constantly has to grapple with what information should be published and what should be held back. The Code provides that journalists have a sense of responsibility and should not hinder public interests. In addition, to ensuring accuracy and fairness, the Code states that respect of human rights, includes respect for human dignity, individual honour and right to privacy. Right to privacy is acknowledged as a human right.

Japan does not have an information ministry or organs like the PCC in the U.K. or the Press Ombudsman in Sweden. Apart from the Canon, the NSK has a code for marketing of newspapers, an advertising code and the Kisha club guidelines.[36]

Japan in 2003 formulated the Personal Information Protection Act, which regulates public and private sector. The Act, which came into effect in 2005, aims to ensure that all personal data collected by the public and private sector are handled with care. The Act requires that the purpose of collecting personal information and its use should be specified, information should be acquired by fair means, any information should not be supplied to third parties without prior consent of the individual concerned.

Netherlands

The right to privacy is protected under Article 10 of the Netherlands Constitution. Further, the Article also provides for the enactment of Rules for dissemination of personal data and the right of persons to be informed when personal data is being recorded.

Netherlands also has the Netherlands Press Council which keeps the media in check. The Code of the International Federation of Journalists and the Code of Conduct for Dutch Journalists was drafted by the Dutch Society of Editors-in-Chief to establish media reporting standards. These guidelines can be disregarded by the media only in cases involving social interest.

The Code recognises:

That a person’s privacy should not be violated when there is no overriding social interest;
In cases concerning public persons violation of privacy would take place, but they have the right to be protected, especially, if that information is not of public interest;
The media should refrain from publishing pictures and images of persons without prior permission of persons. Similarly, the media should not publish personal letters and notes without the prior permission of those involved;
The media should refrain from publishing pictures and information of suspects and accused; and
Details of criminal offence should be left out if they would add to the suffering of the victim or his/her immediate family and if they are not needed to demonstrate the nature and gravity of the offence or the consequences thereof.

Conclusion

The right to privacy in India has failed to acquire the status of an absolute right. The right in comparison to other competing rights, like, the right to freedom of speech & expression, the right of the State to impose restrictions on account of safety and security of the State, and the right to information, is easily relinquished. The exceptions to the right to privacy, such as, overriding public interest, safety and security of the State, apply in most countries. Nonetheless, as the paper demonstrates, unwarranted invasion of privacy by the media is widespread. For instance, in the UK, Sweden, France and Netherlands, the right to photograph a person or retouching of any picture is prohibited unlike, in India where press photographers do not expressly seek consent of the person being photographed, if he/she is in a public space. In France, not only is the publication of information is prohibited on account of the right to privacy, but the method in which the information is procured also falls within the purview of the right to privacy and could be violative. This includes information or photograph taken in both public and private spaces. Privacy within public spaces is recognised, especially, “where there is reasonable expectation of privacy.” The Indian norms or code of ethics in journalism fail to make such a distinction between public and private space. Nor do the guidelines impose any restrictions on photographing an individual without seeking express consent of the individual.

The Indian media violates privacy in day-to-day reporting, like overlooking the issue of privacy to satisfy morbid curiosity. The PCI norms prohibit such reporting, unless it is outweighed by ‘genuine overriding public interest’. Almost all the above countries prohibit publication of details that would hurt the feelings of the victim or his/her family. Unlike the UK, where the PCC can pass desist orders, in India the family and/or relatives of the victims are hounded by the media.

In India, the right to privacy is not a positive right. It comes into effect only in the event of a violation. The law on privacy in India has primarily evolved through judicial intervention. It has failed to keep pace with the technological advancement and the burgeoning of the 24/7 media news channels. The prevalent right to privacy is easily compromised for other competing rights of ‘public good’, ‘public interest’ and ‘State security’, much of what constitutes public interest or what is private is left to the discretion of the media.