The Centre for Internet and Society
https://cis-india.org
These are the search results for the query, showing results 41 to 55.
UN Official pledges support to tackle Copyright Challenges for the Visually Impaired
https://cis-india.org/news/un-official-pledges-support
<b>Article on the UN News Centre - New York, Nov 11 2009 6:10PM</b>
<p>The head of the United Nations agency entrusted with protecting intellectual property rights has pledged support for efforts to improve access to copyright-protected works for the world’s blind or visually impaired persons.<br />“Let me assure you that this is a priority area for the World Intellectual Property Organization (<"http://www.wipo.int/pressroom/en/articles/2009/article_0048.html">WIPO),” Director General Francis Gurry told participants at a conference in New Delhi today.</p>
<p>According to the agency, over 314 million blind or visually impaired people worldwide stand to benefit from a more flexible copyright regime adapted to current technological realities.</p>
<p>Individuals with reading impairment often need to convert information into Braille, large print, audio, electronic and other formats using assistive technologies. It is estimated that only 5 per cent of published books in developed countries are converted into formats accessible to the reading impaired. In India this number is even lower, at only 0.5 per cent, impeding educational and employment opportunities for the country’s nearly 70 million reading impaired citizens.</p>
<p>“While, today, sighted individuals enjoy unprecedented access to copyright-protected content, in some contexts, social, economic, technological and legal factors, including the operation of copyright protection systems, can combine to seriously impede access to such works by the blind or other reading impaired persons,” WIPO stated in a news release.<br />The agency added that the widespread use of digital technologies, in particular, has led to discussions on how to maintain a balance between the protection available to copyright owners, and the needs of specific user groups, such as reading impaired persons.</p>
<p>Mr. Gurry noted that innovation and affordability are key considerations when addressing the specific requirements of the visually impaired in developing countries.</p>
<p>He called for joining forces with UN partners, including the World Health Organization (<"http://www.who.int/">WHO) and the UN Educational, Scientific and Cultural Organization (<"http://portal.unesco.org/en/ev.php-URL_ID=29008&URL_DO=DO_TOPIC&URL_SECTION=201.html">UNESCO), to make best use of the expertise and skills that are available and move forward on these important questions.</p>
<p>For more details go to <a class="external-link" href="http://www.un.org/apps/news/story.asp?NewsID=32929&Cr=digital&Cr1=">UN News Centre</a><br /><br /></p>
<p>
For more details visit <a href='https://cis-india.org/news/un-official-pledges-support'>https://cis-india.org/news/un-official-pledges-support</a>
</p>
No publisherradhaAccessibility2011-04-02T14:34:04ZNews ItemU.S. support sought for treaty to allow blind people access to copyrighted works
https://cis-india.org/news/us-support-sought-for-treaty-to-allow-blind-people-access-to-copyrighted
<b>Advocates of visual disability groups from across the world urged the United States to get off the fence at the global copyright negotiations in Geneva this week and actively back a strong treaty that allows blind people access to copyrighted published works.</b>
<p style="text-align: justify; ">This article by Rama Lakshmi was <a class="external-link" href="http://www.washingtonpost.com/world/asia_pacific/us-support-sought-for-treaty-to-allow-blind-people-access-to-copyrighted-works/2012/07/23/gJQAR0Hr4W_story.html">published</a> in the Washington Post on July 24, 2012. Pranesh Prakash is quoted.</p>
<p style="text-align: justify; ">The proposed treaty would make it obligatory for countries to allow copyrighted printed published works to be converted into an accessible format for people with visual and reading disabilities and shared around the world without seeking permission from the copyright holder.</p>
<p style="text-align: justify; ">The United States and European Union agree in principle to disability access but are not committed to a legally binding global treaty. Disability advocates at the ongoing negotiations of the United Nations agency, <a class="external-link" href="http://www.wipo.int/edocs/mdocs/copyright/en/sccr_23/sccr_23_7.pdf">the World Intellectual Property Organization</a>, say that if the U.S. backs their demand, the European Union will automatically fall in line.</p>
<p style="text-align: justify; ">“The American publishers industry, comprising of the publishing giants, does not want it to be a treaty and only want it to be a set of recommendations,” said James Love, director of the Washington-based nonprofit group <a class="external-link" href="http://keionline.org/">Knowledge Ecology International</a> that is part of the campaign in Geneva. “The U.S. has the biggest collection of accessible English language books. It all boils down to the American government’s will. Do you or do you not believe that the American libraries should cooperate with blind people in other parts of the world?”</p>
<p style="text-align: justify; ">But American publishers say they are opposed to a treaty that has the potential to set the stage for similar exceptions and limitations to the rights of copyright owners in other areas as well.</p>
<p style="text-align: justify; ">“We are not against allowing an exception for people with print disabilities, but our concern is that a treaty will establish a precedent that they will then apply in the other areas like educational uses, library and archives,” said <a class="external-link" href="http://www.youtube.com/watch?v=dxVcmOwBAsY">Allan Adler, vice president of legal and government affairs at the Association of American Publishers</a> in a telephone interview. “Generally, international treaties establish the minimal rights of the copyright owners first, and not the limitations and exceptions to those rights.”</p>
<p style="text-align: justify; ">Adler’s view was echoed in what a U.S. delegate, Justin Hughes, told negotiators in Geneva on Thursday: “We do not accept any form of linkage between the effort on behalf of the world’s print disabled people and any other project. To us, such a linkage between the print disabilities effort and an effort for business affairs would be unprincipled, it would be unethical, and the United States will not have any part of it.”</p>
<p style="text-align: justify; ">The U.S. government also is advocating a softer, nonbinding alternative to a legally binding treaty, delegates in Geneva say.</p>
<p style="text-align: justify; ">But many disability rights groups say mere recommendations place no obligations and would be toothless.</p>
<p style="text-align: justify; ">Disability advocates say that the needs of visually impaired people are being neglected in this battle over what legal shape the agreement ultimately takes.</p>
<p style="text-align: justify; ">“The lack of access to information and knowledge is central to the debate about exclusion of visually impaired people,” said George Abraham of <a class="external-link" href="http://scorefoundation.org.in/">Score Foundation</a>, a New Delhi-based group that supports the campaign to produce a treaty.</p>
<p style="text-align: justify; ">Time is running out, advocates of the treaty say. The negotiations began as early as 1981 but have now reached a conclusive stage that could result in a treaty by next year. The Geneva discussions end Wednesday, and lack of consensus this week would put off the negotiations to 2014. By then, most negotiators would have moved on, treaty supporters say.<br /><br />This urgency has driven developing nations like India to take a strong stand. While the exact number is uncertain, experts agree that India has a high proportion of the world’s blind population, with estimates ranging from one-quarter to one-half. G.R. Raghavender, who represents the Indian government at the negotiations, said the Indian delegation “will not return empty-handed.”<br /><br />Earlier this year, India passed key amendments to its domestic copyrights law to permit people with visual disabilities to freely convert text material into an accessible format. But only a global treaty can allow visually disabled Indians to import and use accessible books without taking permission from the copyright-holder.</p>
<p style="text-align: justify; ">“The vast majority of visually disabled people live in poor, developing countries where very little money is spent on converting books into accessible formats, while they are much more readily available elsewhere,” said Pranesh Prakash, a lawyer at the Center for Internet and Society. “The treaty would end the book famine that they currently face.”</p>
<p>
For more details visit <a href='https://cis-india.org/news/us-support-sought-for-treaty-to-allow-blind-people-access-to-copyrighted'>https://cis-india.org/news/us-support-sought-for-treaty-to-allow-blind-people-access-to-copyrighted</a>
</p>
No publisherpraskrishnaAccessibilityAccess to Knowledge2012-08-01T09:44:47ZNews ItemTraining of Malayalam eSpeak with NVDA
https://cis-india.org/accessibility/blog/report-on-training-e-speak-malayalam-with-nvda
<b>NVDA team conducted a two days training on January 24 and 25, 2015 in Tiruvananthapuram. The programme was inaugurated by Dr. Veeramanikandan, Pro Vice Chancellor of the Kerala University and the eSpeak new version was launched by Suresh S, PSC member, who is an advocate for the blind in getting jobs in Kerala government. </b>
<p style="text-align: justify; ">Felicitation speeches were delivered by Prof. L. Unnikrishnan, Head of Department, Economics Department, SB College and Dr. Sindhu Nair, Professor at St. Michales College. Both colleges were running a DAISY resource centre for their students. The programme was chaired Er. N.T.Nair, vice chairman of Chakshumathi.</p>
<p style="text-align: justify; ">Chakshumathi’s main trainer Akhil M. took espeak Malayalam classes and Dr. Homiyar took classes on NVDA and accessible equipment. The participants were first given a round of training on reading with espeak and then given a through training on Malayalam keyboard layout and combinations.</p>
<p style="text-align: justify; ">Naufal T N, trainer of Chakshumathi gave an orientation to all participants on using mobile phones to read Malayalam newspapers and reading contents.</p>
<p style="text-align: justify; ">Closing ceremony on 25th was attended by Chakshumathi’s Chairman Prof. V.K. Damodaran, along with representatives IEEE SIGHT (Special Interest Group on Humanitarian Technologies) who are the partners of Chakshumathi’s accessible eyes free science projects. IEEE was represented by their Humanitarian technologies former global chair Dr. Amarnath Raja and Ms. Holly Schneider Brown, SIGHT staff lead from New York headquarters. She was on a journey to Tiruvananthapuram and provided an update on the SIGHT program, as well as SIGHT group activities from around the world. Ms. Holy Brown distributed the certificates to participants.</p>
<p style="text-align: justify; ">Chakshumathi is now planning to conduct regional workshops on espeak and NVDA at their resource centres at Calicut University and Kochi office for local participants.</p>
<hr />
<h3>List of Participants</h3>
<ol>
<li>Ali Mon</li>
<li>Sudheer S</li>
<li>Sreehari Narayanan</li>
<li>Ajith Kumar</li>
<li>Subhin H</li>
<li>Abin H</li>
<li>Rajith Kumar</li>
<li>Nandhu C S</li>
<li>Kannan C S</li>
<li>Reshma S</li>
<li>Divya S</li>
<li>Marina Damiyan</li>
<li>Mariyumma C P</li>
<li>Nabeela M</li>
<li>Meharuniza S</li>
<li>Sreeja V.K.</li>
<li>Vineesh Kumar</li>
<li>Chandra Babu</li>
<li>Raghavan</li>
<li>Albert </li>
<li>Safi Saif</li>
<li>Santhosh</li>
<li>Robinraj</li>
<li>Mubina M</li>
<li>Sabeena M</li>
<li>Anil Kumar</li>
<li>Lijin A</li>
<li>Ashok Kumar </li>
<li>Prof. L. Unnikrishnan</li>
<li>Akhil M (Chief Trainer) </li>
<li>Noufal T N (Asst. Trainer) </li>
</ol>
<p>
For more details visit <a href='https://cis-india.org/accessibility/blog/report-on-training-e-speak-malayalam-with-nvda'>https://cis-india.org/accessibility/blog/report-on-training-e-speak-malayalam-with-nvda</a>
</p>
No publishernirmitaNVDATrainingAccessibilityE-Speak2015-07-20T15:19:35ZBlog EntryTraining in Use of eSpeak with Malayalam
https://cis-india.org/accessibility/events/training-in-e-speak-malayalam
<b>The Centre for Internet & Society (CIS) in partnership with DAISY Forum of India (DFI) and Chakshumathi Assistive Technology Centre, Trivandrum cordially invites all computer teachers for persons with visual impairment for a two day training in the use of eSpeak Malayalam with NVDA for reading and writing in Malayalam.</b>
<h3>Training in the use of eSpeak with NVDA</h3>
<p style="text-align: justify; ">Training in the use of Open Source Screen readers like NVDA will be a focal element of the event. As NVDA with the help of eSpeak provides support for eight Indian languages it will be promoted as a reading tool. The aim of the training is as follows:</p>
<ul>
<li>The candidate should be able to read e-text using NVDA and eSpeak in any one of the eight Indian languages currently supported.</li>
<li>The candidate should be able to download accessible content from the various platforms and repositories of accessible material.</li>
<li>The candidate should be able to use computers as a knowledge searching tool.</li>
<li>The candidate should be able to type using either phonetic, In script or traditional keyboards. </li>
</ul>
<p>The training will be provided by experts from CIS and DFI.</p>
<h3>Who will benefit?</h3>
<p>The event is targeted at promoting the use of eSpeak with NVDA amongst senior computer teachers for persons with visual impairment.</p>
<h3>Facilities</h3>
<p>Accommodation: Seperate accommodation will be provided for ladies and gents.<br />Food: Breakfast, lunch and dinner will be provided, courtesy Chakshumati.</p>
<p>
For more details visit <a href='https://cis-india.org/accessibility/events/training-in-e-speak-malayalam'>https://cis-india.org/accessibility/events/training-in-e-speak-malayalam</a>
</p>
No publisherpraskrishnaTrainingeSpeakAccessibilityNVDAEvent2014-11-30T11:50:38ZEventTraining in eSpeak Marathi
https://cis-india.org/accessibility/blog/training-in-espeak-marathi
<b>NVDA team conducted a training programme in Marathi language on August 22 and 23, 2015 at Atmadepam Society in Nagpur. Twenty-two participants attended. Harshad Jadhav was the trainer.</b>
<p style="text-align: justify; ">Atmadepam Society, Nagpur conducted a 1st of its kind workshop for the use of Espeak with Marathi at its campus from the 22nd to 23rd August 2015. This workshop was mostly attended by students pursuing higher studies in Marathi and Inn-Service Blind.<br /><br />The workshop began with understanding the needs of the participants. Most of them expressed the need to learn Marathi typing to enhance their job prospects in the government sector.<br /><br />This was followed by a session introducing different advantages of NVDA over other screen readers. Installation of NVDA was than demonstrated, followed by a hands-on session of the same for all the participants.<br /><br />Post lunch the participants were guided for installing eSpeak for Indian Languages, which was followed by a detailed understanding of the Marathi keyboard layout.<br /><br />Day 2 started with a revision of learnings from day 1, followed by extensive practice of the keyboard.<br /><br />Post lunch, participants were given information about different sources of obtaining Accessible Reading materials. Bookshare and its benefits were introduced as a part of the reading solutions. This was followed by dissemination of information about the ADIP scheme of the Government of India.<br /><br />The workshop ended with a session on feedback, where in students expressed their deep satisfaction after achieving their goal of Reading and writing in Marathi.<br /><br /></p>
<p>
For more details visit <a href='https://cis-india.org/accessibility/blog/training-in-espeak-marathi'>https://cis-india.org/accessibility/blog/training-in-espeak-marathi</a>
</p>
No publishernirmitaAccessibilityNVDA2015-10-04T07:33:30ZBlog EntryTraining in eSpeak Hindi
https://cis-india.org/accessibility/blog/training-in-e-speak-hindi
<b>NVDA team conducted a workshop at Jeevan Jyoti School for the Blind, Varanasi from August 26 to 28, 2015. Eighty five students and 13 teachers took part in the training programme.</b>
<table class="invisible">
<tbody>
<tr>
<th><img src="https://cis-india.org/home-images/Training1.png" alt="Training 1" class="image-inline" title="Training 1" /></th>
</tr>
<tr>
<th>Pictured above: Trainer is explaining the concepts of NVDA to the students</th>
</tr>
</tbody>
</table>
<p style="text-align: justify; ">This workshop had special focus on training the teachers who teach the Blind students of Jeevan Jyoti School, Varanasi and Special Educators, who are being trained in the School for Special Educators at Jeevan Jyoti Institute, Varanasi. The workshop was also attended by senior students of the Jeevan Jyoti Blind school. It was observed that there was a lot of enthusiasm for learning amongst the students and staff. The students wanted to learn Hindi Reading and Writing for reading a lot of Hindi material, which is being produced at the School. The staff wanted to learn Hindi writing for creating documents for their blind students. The Jeevan Jyoti school has an integrated format, where in it caters to about 200 students, of whom about 80 are girls with visual impairment.<br /><br />The event started with a welcome song by the senior girls, followed by an understanding of the needs of the participants. This was followed by detailed understanding of NVDA and its comparision to other screen readers. The participants were guided towards the steps for downloading the latest build of NVDA from its website. They were than given detailed instructions for installing NVDA. All the participants than installed NVDA onn their respective systems. This was followed by explanation of the different menus of NVDA. The participants were than encouraged to read hindi text. The initial reactions of the students was as expected. Some could understand the text spoken out by Espeak, and some found it difficult to comprehend.<br /><br />On the 2nd day the participants were given detailed understanding of the Inscript keyboard. They were made to practice all the keys, followed by typing small words followed by short sentences. The participants were than updated about the different sources of reading, including Bookshare. They were guided as to how to become a member of Bookshare. Details were also given about DFI and the Common Catlogue on the DFI website. The participants were than given information about the different reading solutions, including the Android platform. They were also given information about the ADIP scheme of the Ministry of Social Justice. The ADIP forms were also given to the management, for them to fill up for all the blind students studying in Jeevan Jyoti.</p>
<table class="invisible">
<tbody>
<tr>
<th>
<p style="text-align: center; "><img src="https://cis-india.org/home-images/copy_of_Training1.png" alt="Training 2" class="image-inline" title="Training 2" /></p>
</th>
</tr>
<tr>
<th>Pictured above: Students operating their computers under guidance from the trainer</th>
</tr>
</tbody>
</table>
<p style="text-align: justify; ">The 3rd day was dedicated to the teachers and students of the Special Educators school, where in they were updated about Modern Techniques for Teaching the Blind.</p>
<p>
For more details visit <a href='https://cis-india.org/accessibility/blog/training-in-e-speak-hindi'>https://cis-india.org/accessibility/blog/training-in-e-speak-hindi</a>
</p>
No publishernirmitaAccessibilityNVDA2015-09-03T14:41:13ZBlog EntryTowards a Multi-Stakeholder Consultation on ‘Internet Rights, Accessibility, Regulation & Ethics’
https://cis-india.org/news/towards-a-multi-stakeholder-consultation
<b>This event was organised by Digital Empowerment Foundation, National Internet Exchange of India and Association for Progressive Communications at Mirza Ghalib Hall, SCOPE Complex, New Delhi from 9.00 a.m. to 2.30 p.m. on May 3, 2012. Pranesh Prakash participated as a speaker in the session on Access to Internet: Right to Information.</b>
<div style="text-align: left;"> </div>
<table class="plain">
<tbody>
<tr>
<td>9.00 a.m. to 9.30 a.m. (Registration)</td>
</tr>
<tr>
<td>9.30 a.m. to 11.00 a.m.<br />
<h3>Inauguration & Plenary: Internet Rights, Accessibility, Regulation & Ethics</h3>
</td>
</tr>
<tr>
<td>Introduction: Osama Manzar, Founder & Director, Digital Empowerment Foundation<br />Chair: Aruna Roy, Head, Mazdoor Kisan Shakti Sangathan (MKSS) & Member, National Advisory Council (NAC), Govt. of India<br />Co-Chair: Ajay Kumar, Joint Secretary, DIT, Govt. of India<br /><strong>Plenary Speakers:</strong><br />
<ul><li>Honey Tan, Human Rights Lawyer, Malaysia, APC</li><li>Venkatesh Nayak, Co-convener, Secretary, National Campaign for Peoples’ Right to Information</li><li>Jitendra Kohli, Executive Member, Transparency International India Summary of the Session by the Chair</li></ul>
</td>
</tr>
<tr>
<td>11.00 to 11.15 a.m. (Tea break)</td>
</tr>
<tr>
<td>11.15 a.m. to 12.30 p.m.<br />
<h3>Working Session I - Access to Internet: Right to Information</h3>
</td>
</tr>
<tr>
<td>Chairperson: Basheerhamad Shadrach, Development Consultant<br /><strong>Plenary Speakers:</strong><br />
<ul><li>Pranesh Prakash, Programme Manager, Centre for Internet & Society</li><li>NA Vijayashankar, E-Business Consultant, Founder Secretary of Cyber Society of India, Founder Trustee of International Institute of Information Technology Law</li><li>Pavan Duggal, Advocate, Supreme Court of India</li><li>Varsha Iyenger, Member, Centre for Law and Policy Research</li><li>Amitabh Singhal, Former CEO, National Internet Exchange of India (NIXI)</li><li>Prof Jagdeep Chhokar, Founding Member, Association for Democratic Reforms</li></ul>
</td>
</tr>
<tr>
<td>12.30 p.m. to 1.30 p.m.<br />Working Session II - Internet Right as Human Right: Need for a Holistic Framework towards Universal Access in India<br /></td>
</tr>
<tr>
<td>Chairperson: Dr. Govind, CEO, National Internet Exchange of India (NIXI), Govt. of India<br />Co-chair & Moderator: R. Sukumar , Managing Editor, Live Mint Newspaper<br />Panel Members:<br />
<ul><li>Subho Ray, President, Internet & Mobile Association of India (IMAI)</li><li>Deepak Maheshwari, Vice President - Public Policy, South Asia, MasterCard</li><li>Ravina Agarwal, Program Officer, Ford Foundation</li><li>Honey Tan, Human Rights Lawyer, Malaysia, APC</li><li>Suhas Chakma, Director, Asian Centre for Human Rights</li><li>Anoop Saha, Co-Founder, CGNet Swara</li><li>Shivam Vij, Writer, Kafila.org</li></ul>
</td>
</tr>
</tbody>
</table>
<a class="external-link" href="http://internetrights.in/files/2012/04/National-Consultation-Summit-on-Internet-Rights-_-Programme-Flow-Final.pdf">Click</a> to see the original
<p>
For more details visit <a href='https://cis-india.org/news/towards-a-multi-stakeholder-consultation'>https://cis-india.org/news/towards-a-multi-stakeholder-consultation</a>
</p>
No publisherpraskrishnaInternet GovernanceAccessibilityAccess to Knowledge2012-05-31T07:14:42ZNews ItemThey fight for the visually challenged
https://cis-india.org/news/they-fight-for-the-visually-challenged
<b>Times News Network - A report on the press conference held at the Press Club, Bangalore on 15th April, 2010.</b>
<p>Bangalore: The National Access Alliance (NAA) on Thursday opposed the Centre’s move to amend the Copyright Act 1957, which will prevent NGOs, educational institutions and persons with disabilities from converting reading material into audio, digital and other formats.</p>
<p>Nirmita Narasimhan, programming manager for the Centre for Internet and Society, on Thursday said: “Roughly, one lakh books are published every year, but only 700 are available to the blind in an accessible format. And most of these are illegally converted by NGOs. But what else can these organizations do?”</p>
<p>Converting texts into formats involves applying for a licence, which takes about three months; still it may take many more months for actual conversion to happen. Any student would lose a year by then, she explained.</p>
<p>Executive director of the centre, Sunil Abraham said: “It is important to remember that everyone is only temporarily visually-enabled. The issue affects all of us. Unlike American students, print-disabled Indians cannot freely convert their study books into MP3 format.”<br /><br /></p>
<p>
For more details visit <a href='https://cis-india.org/news/they-fight-for-the-visually-challenged'>https://cis-india.org/news/they-fight-for-the-visually-challenged</a>
</p>
No publisherradhaAccessibility2011-04-02T12:48:45ZNews ItemThe World Blind Union document
https://cis-india.org/accessibility/wbu-document.pdf
<b> WBU Version of the Working Document</b>
<p>
For more details visit <a href='https://cis-india.org/accessibility/wbu-document.pdf'>https://cis-india.org/accessibility/wbu-document.pdf</a>
</p>
No publisherpraskrishnaAccessibilityAccess to Knowledge2012-03-30T07:25:27ZFileThe Working Draft of the Rights of Persons with Disabilities Act, 2010: Does it exceed its Mandate in Including Provisions Relating to Other Disability Legislations?
https://cis-india.org/accessibility/blog/working-draft
<b>The Centre for Internet and Society, Inclusive Planet and the Centre for Law and Policy Research in this legal note analyse how far the January draft of the Rights of Persons with Disabilities Act touches upon the provisions of the other disability legislations, namely the Mental Health Act and The National Trusts Act and thereby exceeds the mandate given by the Ministry of Social Justice and Empowerment to amend only the Persons with Disabilities Act.</b>
<h3>Introduction</h3>
<p>This is a brief Note on the Working Draft of the Persons with Disabilities Act dated 1.12.2010 (“Working Draft”) on the specific issue of how it relates to the three other disability legislations being the National Trusts Act 1999, the Mental Health Act 1987 and the Rehabilitation Council of India Act, 1992.</p>
<p>From the Working Draft it is seen that there are several provisions which are contradictory to some of the provisions in these three legislations in significant ways. This Note also raises concerns as to whether the Working Draft has exceeded its mandate given by the Committee to only amend the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (“PWD Act”) by attempting to draft a comprehensive disability law which includes even the other disability legislations .</p>
<h3>The Committee and its Mandate</h3>
<p>The Ministry of Social Justice and Empowerment, through an Office Memorandum<a href="#1">1</a>, constituted a Committee to “draft a new legislation to replace the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995” (“Committee”). <a href="#2">2</a> The main aim of setting up the Committee was to ensure that the PWD Act was in consonance with the United Nations Convention on the Rights of Persons with Disabilities and not to amend any of the other disability legislations. <a href="#3">3</a></p>
<p>After the Committee was set up, the minutes of the meeting of the Committee dated 22-07-2010 <a href="#4">4</a> show that the Chairperson reminded the Committee members of the specific purpose for which it was set up and was therefore “not going to debate on formulating one comprehensive law that would repeal all other current disability legislations such as The National Trust Act, Mental Health Act and Rehabilitation Council of India Act, etc.”<a href="#5">5</a></p>
<p>Subsequently, the Consultant appointed by the Committee released several drafts and the latest Working Draft of the Rights of Persons with Disabilities Act, 2010 is dated 01.12.2010(“Working Draft”). <a href="#6">6</a> The Working Draft surprisingly states that “the mandate of the Committee to the Consultant was to put together a <b>comprehensive legislation</b> which covers all rights of all persons with disabilities.” <a href="#7">7</a></p>
<p>Further, the Statement of Objects and Reasons of the Working Draft proposes to “replace the current disability legislations with a comprehensive law which recognizes all rights of all persons with disabilities.” <a href="#8">8</a></p>
<p>These statements in the Working Draft raise some confusion as to whether the mandate given by the Committee has been clearly understood before the drafting process commenced. If the mandate was indeed to only amend the PWD Act and not to amend any of the other legislations such as the National Trusts Act, the Mental Health Act and the Rehabilitation Council of India Act, then the drafting should have been restricted to amending the PWD Act to the extent possible, and not to affect the provisions of the other legislations.</p>
<h3>The Working Draft on Other Disability Legislations</h3>
<p>The Working Draft does not suggest any amendments to the other disability legislations such as the National Trust Act, 1999, Mental Health Act, 1987 and Rehabilitation Council of India Act, 1992. However, as to the effect that the Working Draft should have on these other legislations, it leaves a “Pending Question” which states<a href="#9">9</a>:</p>
<p><i>“The issue of the induction of the National Trust and the Rehabilitation Council as separate chapters could not be attempted primarily because there was no time left to undertake a coherent and systematic exercise. It may also be noted that as the length of the statute expanded we felt a constraint of space in even incorporating all the provisions of power and accountability in the chapter on the Disability Rights Authority. It may also be noted that all significant authorities in the country have dedicated legislations around them. In this view of the matter the Committee would need to consider whether it would wish to suggest the creation of One Disability Law Code and within which have legislations on : Disability Rights; the Disability Authority; the National Trust; and the Rehabilitation Council. Or whether it would also wish to induct the National Trust and the Rehabilitation Council into this legislation?”</i></p>
<p>Added to this, the Memorandum on Disability Code (“Memorandum”) prepared along with the Working Draft explains that the reasons mentioned in the Pending Question along with the lack of time prevented the working out of the linkages between the DRA, the National Trust and the Rehabilitation Council of India.<a href="#10">10</a></p>
<p>About the other dedicated legislations, the Memorandum states as follows<a href="#11">11</a>:</p>
<p><i>“Since we reached the opinion that the newly established DRA should have its own legislation we also concluded that the National Trust and the RCI should have their own legislations which should spell out the specific tasks each of those authorities should carry out to implement the rights recognized in the New Rights for Persons with Disabilities Act. The National Trust should be the authority which addresses the issue of multiple discrimination and be mandated to proactively formulate policies and programs by which to ensure the equality and non discrimination of persons with disabilities who are so disadvantaged and the RCI could work on HRD. The composition and powers and functions of the three bodies should be so created that it ensures convergence of operation.” </i></p>
<p>With regard to the Mental Health Act, the Memorandum makes the following recommendation<a href="#12">12</a></p>
<p><i>“The proposed new law recognizes the paradigm of legal capacity with support. It also recognizes the right to life, liberty and integrity of all persons with disabilities. The recognition of these rights requires a re-examination of the Mental Health Act. Even if it is accepted that community living and no force are what is required for all; it is necessary to ask what should be done with the existing institutions and the inmates housed in them. The process of dismantling cannot be done without creating alternative services and there is a need to make a transit legislation which addresses this interim situation. The reason for making the transit legislation comes from the main law but to allow coherent operation and efficient implementation of these transitory measures it is better that they are contained in a separate legislation.” </i></p>
<p>These statements in the Explanatory Notes to the Working Draft shows that it not restricted itself to only amending the PWD Act as envisaged by the Mandate given by the Committee. An examination of the Working Draft shows that it has neither completely substituted the provisions of the three other disability legislations into the Working Draft, nor has it restricted itself to amending only the PWD Act - it is somewhere in the middle, where some many provisions which are covered by the three other disability legislations are significantly altered and at the same time these legislations are not sought to be amended simultaneously.</p>
<p>If the intention of the Working Draft is to replace all the other disability legislations, then it clearly exceeds the mandate of the Committee.</p>
<h3>Section 7A(2) of the Working Draft</h3>
<p>Section 7A (2) and 7B (2) in the Working Draft are included only within the chapter relating to Legal Capacity. They are phrased unusually to render any legislation, rule, notification, order, bye-law, regulation, custom and practice that deprive a person with disability from exercising his legal capacity as void.</p>
<p>Such a provision in one statute which declares a provision in another statute as void may not even be constitutionally permissible. The function of the legislature is to enact, re-enact, amend and repeal laws. The judiciary under Article 13 of the Constitution can exercise its powers of judicial review to render a provision which infringes on the fundamental rights as void. The legislature however, has no such power.</p>
<p>The Hon’ble High Court of Delhi in P.L. Mehra and Ors v. D.R. Khanna and Ors (AIR 1971 Delhi 1) held as follows:<br /><i>“…the decision in Mahendra Lal Jaini's case, as to the nature of a statute becoming void under Article 13 confirms the view that the statute itself continues to exist on the statute book but has become "ineffectual, nugatory and devoid of any legal force or binding effect". The thrust of these words is that such a law cannot be given effect to by the Courts in deciding upon the rights of the parties. These words are significant only for the purposes of the Courts vis-a-vis the rights of the parties. They would be meaningless if applied to the power of the Legislature to re-enact, repeal or amend a statute. For, one can hardly say that these powers of the Legislature cannot be exercised in respect of a statute which is ineffectual, nugatory and devoid of any legal force or binding effect. Indeed, it would be all the more necessary for the Legislature to amend or cure statutes which are suffering from such defects. The nature of the defects is such that only a judicial decision can point them out. It is not by an act of Legislature but only by a judicial decision that one would know whether a statute is ineffectual, nugatory and devoid of any legal force or binding effect.”</i></p>
<p>Therefore, the declaration of a statutory provision as ‘void’ can only be done by the judiciary as “voiding” of the law only comes into question at the time of the enforcement or implementation of the law. The legislature’s function is to repair the defect in legislation by amending it or repealing the whole legislation.</p>
<p>The Working Draft, in declaring other legislative provisions as void is being vague as to the specific provisions of specific legislations which are to fall under the Section. The Working Draft cannot make a blanket declaration of all laws inconsistent with legal capacity as void without taking steps to identify the provisions and make amendments or deletions.</p>
<h3>Effect of the Working Draft without amendment of other disability legislations</h3>
<div>
<div></div>
</div>
<p>The provisions of the Working Draft are introduced in such a way as to affect the provisions of the other disability legislations. In light of this, the need for amending the provisions of these disability legislations is a pressing one. The inconsistencies between the Working Draft and the other disability legislations range from the definition of ‘persons with disability’ to the recognition of the basic principle of legal capacity. As detailed in the table, the National Trust Act follows a completely different basis for determining who a ‘person with disability’ is. If the definition is not amended under the National Trust Act, it results in an inconsistency in the language under the various disability legislations.</p>
<p>Further, the Working Draft is not correct in declaring that other legislative provisions which deprive a person of legal capacity as void. Declaration that a provision of law is void is not the function of the legislature. Its function is to adequately amend it so as to be consistent with the principles it intends to introduce and enforce. This applies to the principle of legal capacity which the Working Draft aims to bring into all the disability legislations. In order to do so, it has to amend the Mental Health Act and the National Trust Act accordingly.</p>
<p>The authorities under the various disability legislations have their set functions. However, the Working Draft is uncertain as to how to divide the responsibilities of the various authorities. It does not incorporate the various authorities under the Working Draft provisions itself. However, it encroaches on the powers and functions of those authorities by making the Disability Rights Authority or some other ‘delegated authority’ in charge of them. While doing so, it does not even amend the provisions of the other legislations. This is a serious discrepancy as the enforcement of rights and performance of duties under the legislations. If there is a confusion as to which authority is responsible to perform a specific function, then a person might be deprived of the very rights that the Draft seeks to enforce.</p>
<p>Leaving the other disability provisions unamended leads to an especially difficult situation when the courts have to determine the intention of the legislature while drafting and have to apply that intention while interpreting it. Further, it is not clear as to what rights should be enforced against which authority in court. Therefore, the merging of the areas of function between the various authorities makes the enforcement of rights itself difficult and therefore uncertain.</p>
<h3>Conclusion</h3>
<p>Thus, as seen from the Working Draft, it is clear that it seeks to be one comprehensive law on disability, which would encompass issues addressed by several other disability laws. The explanatory notes state that it leaves the issue of the DRA and the authorities such as the Rehabilitation Council and the National Trust as a Pending Question.</p>
<p>It also refers to a Disability Code, which would encompass all disability legislation within its framework and raise this as an issue for the Committee to decide, when that has never been the mandate of the Committee. The explanatory notes state that it would bring within its fold all authorities such as the Rehabilitation Council and the National Trust and that the linkages between these authorities and the new Disability Rights Authority set up under the Working Draft would have to be worked out through transit legislation. The Working Draft leaves the discretion to the Committee to come to a conclusion as to whether all the authorities have to be incorporated under the same legislations or a separate Code with all the legislations has to be prepared. Thus, the roles which the authorities have to perform are left uncertain. The Mandate of the Committee was to replace the PWD Act, 1995. Therefore, the powers and functions of authorities which are established under the other disability legislations ought to have been left untouched. Instead, the Working Draft seeks to make a comprehensive legislation covering all the disabilities while it leaves the implementation aspect uncertain and undecided.</p>
<p>These statements along with some of the specific provisions mentioned in the table above show clearly that the Working Draft aims to be some kind of a comprehensive code to bring in all disability legislations within its fold and not only to amend the PWD Act, which was its specific mandate. For these reasons, the Working Draft has exceeded the mandate given to it. This has been suggested even by some members of the Committee. <a href="#13">13</a></p>
<p>Further, the Working Draft by only including Section 7A(2) in its chapter relating to Legal Capacity, which would render all other legislation in contravention to it as void, is not suitable and adequate. There would be adverse consequences if the other legislations are not suitably amended. For example, the entire Mental Health Act would need an overhaul if the right to legal capacity is introduced in the Working Draft. The local committees set up under the National Trusts Act would have to be completely abolished as their only role is to appoint guardians, which is completely done away with in the Working Draft. Thus, the mere inclusion of Section 7A (2) is not sufficient and workable, nor is it within the powers of the legislature to include.</p>
<p>The Working Draft has listed in Schedule 1 the amendments suggested to other legislations. This Schedule is incomplete and the specific provisions relating to the National Trusts Act 1999, the Rehabilitation Council of India Act 1992 and the Mental Health Act 1987 are also legislations which need amendment and should be included in this Schedule.</p>
<p>It is crucial that there is clarity on these important issues as to what exactly is being proposed to be amended. Whether it is only the PWD that is sought to be replaced or all other disability legislations are to be replaced by a Disability Code need to be understood by the drafters. If the mandate is only to amend the PWD Act, then it is important that we restrict ourselves to this mandate so as to ensure that other disability legislations are not affected. The other legislations can be amended at their own time, after the present PWD Act has been revised as per the mandate of the Committee.</p>
<p>Download the working draft in the format you may prefer:</p>
<ul>
<li>For word, <a href="https://cis-india.org/accessibility/publications/working-draft.doc" class="internal-link" title="Working Draft (Word File)">click here</a></li>
<li>For pdf, <a href="https://cis-india.org/accessibility/publications/working.pdf" class="internal-link" title="Working PDF">click here</a></li>
</ul>
<p><span class="Apple-style-span"> Notes</span></p>
<p class="discreet"><a name="1">1GOVERNMENT OF INDIA. DEP’T OF SOCIAL JUSTICE AND EMPOWERMENT, OFFICE MEMORANDUM FOR THE CONSTITUTION OF A COMMITTEE TO DRAFT A NEW LEGISLATION TO REPLACE THE PWD ACT, 1995., F.No. 16-38/2006-DD.III, (30th April 2010).</a></p>
<p class="discreet"><a name="2">2 id</a></p>
<p class="discreet"><a name="3">3See id</a></p>
<p class="discreet"><a name="4">4See MINUTES OF MEETING, 2ND MEETING OF THE COMMITTEE TO DRAFT NEW LEGISLATION FOR PERSONS WITH DISABILITIES., ( 22nd July 2010).</a></p>
<p class="discreet"><a name="5">5See id at Page 1.</a></p>
<p class="discreet"><a name="6">6See Working Draft of the Rights of Persons with Disabilities Act, 2010, available at http://www.disabilitystudiesnalsar.org/newlaw.php. (Last visited on 24-01-2011).</a></p>
<p class="discreet"><a name="7">7See id at Explanatory Note.</a></p>
<p class="discreet"><a name="8">8See id at Statement of Objects and Reasons.</a></p>
<p class="discreet"><a name="9">9Explanatory Notes: Rights of Persons with Disabilities Act Working Draft, Part IV, available at http://www.disabilitystudiesnalsar.org/explanatory-notes.php. (Last visited on 24-01-2011)</a></p>
<p class="discreet"><a name="10">10See Memorandum on Disability Code, Background, available at http://www.disabilitystudiesnalsar.org/bcp-disability-code.php. (Last visited on 24-01-2011)</a></p>
<p class="discreet"><a name="11">11See id at Dedicated Legislations.</a></p>
<p class="discreet"><a name="12">12See id at Transitory Measures</a></p>
<p class="discreet"><a name="13">13“Crisis hits panel on new Disability law” Available at http://www.tribuneindia.com/2010/20101224/main5.htm</a></p>
<p>
For more details visit <a href='https://cis-india.org/accessibility/blog/working-draft'>https://cis-india.org/accessibility/blog/working-draft</a>
</p>
No publisherpraskrishnaAccessibility2012-12-14T10:32:18ZBlog EntryThe Road to Financial Inclusion
https://cis-india.org/accessibility/blog/the-road-to-financial-inclusion
<b>It is increasingly frustrating to hear about wonderful steps being taken for financial inclusion within the private sector which completely ignores the question of inclusion of persons with disabilities. </b>
<p style="text-align: justify; ">Those of us working in the disabilities sector and those who live with the reality of disability know how difficult it is for persons with disabilities to even open bank accounts independently, and for those who are allowed to open bank accounts on their own, access to added services like ATM cards, chequebooks, internet banking — facilities which many of us take for granted — becomes a matter of discretion of bank managerial staff. The <a href="https://cis-india.org/accessibility/blog/banking-and-accessibility-in-india-report">CIS Report on Banking Accessibility</a> is a seminal document on the problems being faced on accessibility to banking, and it was hoped that the Reserve Bank of India would take cognizance of the numerous issued raised within it.</p>
<p style="text-align: justify; ">On May 21, 2014, the Reserve Bank of India issued a <a href="http://rbidocs.rbi.org.in/rdocs/notification/PDFs/DB13NT0514FS.pdf">notification</a> mandating all scheduled banks to take necessary steps to provide all existing ATMs / future ATMs with ramps for the same to be accessible for persons with disabilities, and provided further that the height of the ATMs should not create an impediment in their use by wheelchair users. The onus is on banks to provide this, and in cases where such changes are not practicable, this requirement may be dispensed with, for reasons recorded and displayed in branches or ATMs concerned. The requirements for ramps at entrances is also extended to bank branches (wherever feasible). The notification also notes the failure of Banks to ensure that at least 1/3rd of all their ATMs are "talking" ATMs with Braille keypads as per the <a href="http://www.rbi.org.in/scripts/NotificationUser.aspx?Id=4923&Mode=0">2009 Circular</a> and now mandates that all ATMs installed from July 1,<sup></sup> 2014 shall be talking ATMs with Braille Keypads.</p>
<p style="text-align: justify; ">The 2014 Notification goes one step forward and makes special provisions for providing magnifying glasses for persons with low vision in order to assist them in the carrying out of banking transactions. Banks should maintain a list of facilities for persons with disabilities and make this information available for customers prominently. On the May 27, a similar Notification, <a href="http://rbidocs.rbi.org.in/rdocs/notification/PDFs/ATR270514FC.pdf">extending similar provisions to Regional Rural Banks</a>, was published.</p>
<p style="text-align: justify; ">What does this mean for accessibility and banking? Definitely, the circulars come as a big boost to accessibility, particularly with regard to ATM facilities. ATM Machines which are designed to accommodate persons with disabilities do make a huge difference, though many, many persons have reported not even being given access to these facilities on account of their disabilities which has not been addressed in these circulars.</p>
<p style="text-align: justify; ">Additionally, it does not appear that non compliance is actionable, as Banks are merely advised to report the progress made in this regard periodically to their respective Customer Service Committee of the Board and ensure compliance. As pointed out above, reasons for non compliance are merely to be recorded and displayed. The procedures to approach the Ombudsman do not include accessible measures, and this continues to allow bank staff to act with impunity in denying banking facilities for persons with disabilities.</p>
<p style="text-align: justify; ">Despite actively intervening in the eventual <a href="http://rbi.org.in/scripts/PublicationReportDetails.aspx?UrlPage=&ID=760#9">Report of the Technical Committee on Banking of the RBI</a>, disability rights activists have found that the banking industry has not been receptive to the needs of persons with disabilities. From this background, the RBI Notifications are a welcome start, though slightly premature — what is of utmost urgency on the part of the RBI is a categorical statement that no person with disability who comes to the bank to open a bank account will be denied access to the same. Additional tools which can be extremely beneficial to persons with disabilities, including mobile and internet banking, must be made accessible and available to persons with disabilities. It is also important for basic training on disability and communication be made part of syllabus for training of banking officials, and that regular interactions and training is encouraged for bank officials. It would be useful for all bank branches, and all departments of the RBI, to have an accessibility officer, a bank official given the additional responsibility of ensuring accessibility of the bank branch or the Department as the case may be, who is given specialized training in matters relating to accessibility. This would go a long way in ensuring that financial inclusion leaves no one behind.</p>
<p>
For more details visit <a href='https://cis-india.org/accessibility/blog/the-road-to-financial-inclusion'>https://cis-india.org/accessibility/blog/the-road-to-financial-inclusion</a>
</p>
No publishersalelkarAccessibility2014-06-03T06:46:18ZBlog EntryThe Right to Read Campaign, now in Delhi
https://cis-india.org/accessibility/blog/right-to-read-campaign
<b>The Right to Read campaign, this time in Delhi, the national capital of the country has been announced. This is the third in the series. The previous two held in Calcutta and Chennai were highly successful and Delhi too promises quite a lot. </b>
<p>About 70 million Indians are unable to read printed material owing to various forms of disabilities. According to industry estimates, around 80,000-100,000 books get published every year in India of which only about 700 are made available for these persons. Technologies like screen readers make it possible for persons with disabilities to access knowledge in alternate formats like Braille, e-text, audio, large print, et cetera. Yet people are unable to convert books into accessible formats thanks to the provisions of the Indian Copyright Act, 1957.</p>
<p>India needs to change the situation quickly and put an end to the shortage of books and enable these 70 million persons to participate in social life. For this we need to make use of the developments in technology which makes it possible for all persons to access knowledge and enable them to live a life of social inclusion and participation on par with the rest of society. People with disabilities too have a right to access information like other persons- let copyright laws recognize the diverse needs of persons with disabilities and open up the gates of knowledge to all.</p>
<h3>Objectives of the Right to Read Campaign</h3>
<ul><li>To expedite copyright law reform by informing policy makers on the necessity and nature of amendment. This has to be made to the Indian Copyright Act 1957 to give effect to the rights of persons with disabilities. </li><li>To raise awareness on the issue amongst the parliamentarians, members of the judiciary, educationalists, publishers and the public. </li></ul>
<h3>The Campaign</h3>
<p>The Indian campaign is a part of the global Right to Read campaign which was started by the World Blind Union in 2008. It is a nationwide campaign and seeks to:</p>
<ul><li>Accelerate change in the copyright law;</li><li>Raise public awareness on the issue of access to reading for the print-impaired; and</li><li>Gather Indian support for the Treaty for the Blind proposed by the World Blind Union at the World Intellectual Property Organization (WIPO).<br /></li></ul>
<p>
For more details visit <a href='https://cis-india.org/accessibility/blog/right-to-read-campaign'>https://cis-india.org/accessibility/blog/right-to-read-campaign</a>
</p>
No publisherpraskrishnaFeaturedAccessibility2011-08-17T08:45:56ZBlog EntryThe Right to Read Campaign - Chennai
https://cis-india.org/events/the-right-to-read-campaign-chennai
<b>A nationwide Right to Read campaign began with road shows in the four metro cities of India and was then carried on in other cities. The events comprised of presentations, debates and demonstrations, book reading sessions and setting up of stalls where various accessibility tools were demonstrated. The first road show was held in Loyola College, Chennai on 26th September, 2009. </b>
<h2>The Problem Statement</h2>
<p>Millions of Indians are unable to read printed material due to disabilities. Technologies are in place which can help them read printed matter if the material gets converted into alternate formats such as large print, audio, Braille or other electronic formats. Whereas the Constitution of India declares “right to read” a fundamental right, the provisions of the Indian Copyright Act, 1957 does not permit conversion of books into accessible formats for the benefit of persons with print impairment, as a result of which a “book famine” is created. International conventions to which India is a signatory to specifically requires it to amend its copyright laws for the benefit of persons with disabilities and make available information and materials to persons with disabilities on an equal basis as others.</p>
<p>Publishers too do not make books available in accessible formats as a result of which less than 0.5 per cent of books are available in accessible formats in India. As a result, persons with print impairments get excluded from the education system and this has a big impact on their career choices. Further, there are no national policies or action plans to ensure that publications in accessible formats in all Indian languages are made available to persons with print disabilities all over the country.</p>
<h3>Objectives of the Right to Read Campaign</h3>
<ul><li> To accelerate change in copyright law;</li><li>To raise public awareness on the issue; and</li><li>To gather Indian support for the Treaty for the Blind proposed by the World Blind Union at the World Intellectual Property Organisation (WIPO).<br /></li></ul>
<h3>Your Support for the Campaign</h3>
<p>
No campaign is complete without the endorsement of leaders in the field. We invite you to lend your name and support to this campaign in large numbers and help us make this campaign a success. If you wish to do so, please e-mail Nirmita Narasimhan: <a href="mailto:nirmita@cis-india.org">nirmita@cis-india.org</a>. Declaration <a href="https://cis-india.org/advocacy/accessibility/Declaration%20-%20Right%20to%20Read.doc" class="internal-link" title="Declaration - Right to Read Campaign">on</a> the Right to Read.</p>
<p>
For more details visit <a href='https://cis-india.org/events/the-right-to-read-campaign-chennai'>https://cis-india.org/events/the-right-to-read-campaign-chennai</a>
</p>
No publisherradhaEvent TypeAccessibility2011-08-31T10:45:38ZEventThe Right to Read Campaign
https://cis-india.org/accessibility/blog/the-right-to-read-campaign
<b>The nationwide Right to Read campaign will begin with road shows in four metros and will then be taken up in different cities. There will be half day events with publicity. Events shall comprise presentations, debates and demonstrations, book reading sessions and stalls where various accessibility tools will be demonstrated. The first roadshow is to be held at Loyola College on 26th September. </b>
<p>Problem Statement</p>
<p>Millions of Indians are unable to read printed material due to disabilities. There are technologies available which can help them read print if the material is converted into an alternate format such as large print, audio, Braille or any electronic format. While the Indian constitution guarantees the “right to read” as a fundamental right, the copyright regime does not permit the conversion of books into accessible formats for the benefit of persons with print impairment, as a result of which a “book famine” is created. International conventions that India is a party to specifically require India to amend its copyright laws for the benefit of persons with disabilities and to make available information and material to persons with disabilities on an equal basis as others. Publishers also do not make books available in accessible formats as a result of which less than 0.5% of books are available in accessible formats in India. As a result persons with print impairments get excluded from the education system and it impacts their career choices.<br />In addition to this, there are no national Policies or action plan to ensure that publications in accessible formats in all Indian languages are available to persons with print disabilities all over the country.</p>
<p><img src="https://cis-india.org/home-images/book%20stack%20artwork.jpg/image_preview" title="Book Stack" height="400" width="107" alt="Book Stack" class="image-inline" /></p>
<p>Objectives of the Right to Read Campaign</p>
<p>To accelerate change in copyright law <br />To raise public awareness on the issue <br />To gather Indian support for the Treaty for the Blind proposed by the World Blind Union at the World Intellectual Property Organisation (WIPO).<br />Your Support:</p>
<p>No campaign is complete without the endorsement of leaders in the field. We invite you to lend your name and support to this campaign in large numbers and help us make this campaign a success. If you wish to do so, please e-mail Nirmita Narasimhan: <a href="mailto:nirmita@cis-india.org">nirmita@cis-india.org</a>.</p>
<p><a href="https://cis-india.org/../home-images/right-to-read-campaign-chennai/Declaration%20-%20Right%20to%20Read..pdf" class="internal-link" title="Declaration - Right to Read">Declaration on the Right to Read</a></p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/accessibility/blog/the-right-to-read-campaign'>https://cis-india.org/accessibility/blog/the-right-to-read-campaign</a>
</p>
No publisherradhaAccessibility2011-08-17T08:45:02ZBlog EntryThe Right of Persons with Disabilities Bill 2013 and the Lack of Access to Accessibility Rights
https://cis-india.org/accessibility/blog/rights-of-persons-with-disabilities-bill-2013-and-lack-of-access-to-accessibility-rights
<b>The Rights of Persons with Disabilities Bill, 2013 (The RPD Bill) went through three avatars since its commissioning in 2009 under the Sudha Kaul Committee. This blog post brings you a summary of the three stages since it was initially commissioned.</b>
<p style="text-align: justify; ">The first was the one the Committee proposed in 2011, after consultations with persons with disabilities and Disabled People's Organizations across the country; the second was <a class="external-link" href="http://www.socialjustice.nic.in/pdf/draftpwd12.pdf">notified by the Ministry of Social Justice and Empowerment in 2012</a>, which was in parts opposed to by several stakeholders; and the third, the <a class="external-link" href="http://www.thehindu.com/news/national/cabinet-okays-disabilities-bill/article5456834.ece">RPD BIll of 2013</a>, has actually brought the entire disability lobby, as it were, together, in being entirely appalled at the turn of events. The Bill, which is being furiously evaluated in the short time available between its being made available to the public and its impending introduction (and possible passing in the House), is full of flaws. Not only does it not adhere to the standards of the UNCRPD, but it also violates the spirit of the Indian Constitution, as well as contradicting existing case law, and most importantly it betrays the consensus and recommendations of persons with disabilities who were initially part of these recommendations. <br /><br />Doubtlessly, while access to government establishments and entities like courts, collectorates, municipal offices, is important for persons with disabilities, there are other establishments which are equally important for persons with disabilities, for purposes of recreation, access to culture, and private services. I've made the point elsewhere that the law proposed is less of an empowering statute and more on the lines of the charity model – and in line with that, the indication is that persons with disabilities will only ever have to come in contact with the government and other entities, so they can enforce rights, take grants, petition government servants, etc. But if the statute itself is rights based, why so much focus on access to forums for rights enforcement, and not on others beyond this?<br /><br />While they did have their flaws, the <a class="external-link" href="http://www.socialjustice.nic.in/pwd2011.php">2011 and 2012 versions of the Bill</a>, which had rather comprehensive provisions with regard to ensuring accessibility. To start with, the right of persons with disabilities, on an equal basis with others to the physical environment, transportation, information and communications, including appropriate technologies and systems, and other facilities and services open or provided to the public, both in urban and in rural areas, was recognized. The RPD Bill recognizes the obligation of the government to provide accessibility measures, but by now wording it in terms of a right, it does not do complete justice. The 2011 and 2012 drafts were replete with separate sections on the right to transport, personal mobility, communications, services, the built environment, etc. On the other hand, the RPD Bill clumsily lops all of these into a few sections, with repeated emphasis on infrastructure and services run by "establishments", which is, in effect, the government. There is no mention of website accessibility, though a cursory mention is made to the appropriate government ensuring that all contents available in audio, print and electronic media are in accessible format; and that persons with disabilities have access to electronic media by providing audio description, sign language interpretation and close captioning. Again, the ambiguity as to whether this extends to websites which are not run by the government, is not clear. <br /><br />There is another aspect to accessibility which is lost under the Act by its failure to recognize it as a right. A senior person in the sector, who is blind, told me of an instance where he was barred from entering a bar with some friends. "You won't be able to tell what the bill is or how many drinks you've had", said the manager. He was therefore, being discriminated against entering a place, solely on the grounds of his disability. Persons who have been cured of leprosy are denied access to transport and other public facilities on the basis of outdated statutes. Persons who use crutches and calllipers are denied entry to religious places. The understanding of the Bill on accessibility is extremely limited, and limited to the built environment of government establishments, and this does nothing to extend the rights of persons with disabilities. Groups which are forwarding non negotiables for amendments to the Bill do not consider, at present, the right to accessibility to be a non negotiable. I do wonder, however, whether any of the other rights make sense when express and implied bars to access exist and are effectively encouraged, under this proposed law.</p>
<p>
For more details visit <a href='https://cis-india.org/accessibility/blog/rights-of-persons-with-disabilities-bill-2013-and-lack-of-access-to-accessibility-rights'>https://cis-india.org/accessibility/blog/rights-of-persons-with-disabilities-bill-2013-and-lack-of-access-to-accessibility-rights</a>
</p>
No publishersalelkarFeaturedAccessibility2014-02-03T02:21:45ZBlog Entry