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FinFisher in India and the Myth of Harmless Metadata
https://cis-india.org/internet-governance/blog/fin-fisher-in-india-and-myth-of-harmless-metadata
<b>In this article, Maria Xynou argues that metadata is anything but harmless, especially since FinFisher — one of the world's most controversial types of spyware — uses metadata to target individuals. </b>
<p align="JUSTIFY">In light of PRISM, the Central Monitoring System (CMS) and other such surveillance projects in India and around the world, the question of whether the collection of metadata is “harmless” has arisen.<a href="#fn1" name="fr1">[1]</a> In order to examine this question, FinFisher<a href="#fn2" name="fr2">[2]</a> — surveillance spyware — has been chosen as a case study to briefly examine to what extent the collection and surveillance of metadata can potentially violate the right to privacy and other human rights. FinFisher has been selected as a case study not only because its servers have been recently found in India<a href="#fn3" name="fr3">[3]</a> but also because its “remote monitoring solutions” appear to be very pervasive even on the mere grounds of metadata.</p>
<h2 align="JUSTIFY">FinFisher in India</h2>
<p style="text-align: justify; ">FinFisher is spyware which has the ability to take control of target computers and capture even encrypted data and communications. The software is designed to evade detection by anti-virus software and has versions which work on mobile phones of all major brands.<a href="#fn4" name="fr4">[4]</a> In many cases, the surveillance suite is installed after the target accepts installation of a fake update to commonly used software.<a href="#fn5" name="fr5">[5]</a> Citizen Lab researchers have found three samples of FinSpy that masquerades as Firefox.<a href="#fn6" name="fr6">[6]</a></p>
<p style="text-align: justify; ">FinFisher is a line of remote intrusion and surveillance software developed by Munich-based Gamma International. FinFisher products are sold exclusively to law enforcement and intelligence agencies by the UK-based Gamma Group.<a href="#fn7" name="fr7">[7]</a> A few months ago, it was reported that command and control servers for FinSpy backdoors, part of Gamma International´s FinFisher “remote monitoring solutions”, were found in a total of 25 countries, including India.<a href="#fn8" name="fr8">[8]</a></p>
<p align="JUSTIFY">The following map, published by the Citizen Lab, shows the 25 countries in which FinFisher servers have been found.<a href="#fn9" name="fr9">[9]</a></p>
<table class="plain">
<tbody>
<tr>
<th>
<p style="text-align: center; "><img src="https://cis-india.org/home-images/Map.png" alt="Map" class="image-inline" title="Map" /></p>
</th>
</tr>
<tr>
<td><i>The above map shows the results of scanning for characteristics of FinFisher command and control servers</i>.</td>
</tr>
</tbody>
</table>
<p align="JUSTIFY">FinFisher spyware was not found in the countries coloured blue, while the colour green is used for countries not responding. The countries using FinFisher range from shades of orange to shades of red, with the lightest shade of orange ranging to the darkest shade of red on a scale of 1-6, and with 1 representing the least active servers and 6 representing the most active servers in regards to the use of FinFisher. On a scale of 1-6, India is marked a 3 in terms of actively using FinFisher.<a href="#fn10" name="fr10">[10]</a></p>
<p align="JUSTIFY">Research published by the Citizen Lab reveals that FinSpy servers were recently found in India, which indicates that Indian law enforcement agencies may have bought this spyware from Gamma Group and might be using it to target individuals in India.<a href="#fn11" name="fr11">[11] </a>According to the Citizen Lab, FinSpy servers in India have been detected through the HostGator operator and the first digits of the IP address are: 119.18.xxx.xxx. Releasing complete IP addresses in the past has not proven useful, as the servers are quickly shut down and relocated, which is why only the first two octets of the IP address are revealed.<a href="#fn12" name="fr12">[12]</a></p>
<p align="JUSTIFY">The Citizen Lab's research reveals that FinFisher “remote monitoring solutions” were found in India, which, according to Gamma Group's brochures, include the following:</p>
<ul>
<li style="text-align: justify; "><b>FinSpy: </b>hardware or software which monitors targets that regularly change location, use encrypted and anonymous communications channels and reside in foreign countries. FinSpy can remotely monitor computers and encrypted communications, regardless of where in the world the target is based. FinSpy is capable of bypassing 40 regularly tested antivirus systems, of monitoring the calls, chats, file transfers, videos and contact lists on Skype, of conducting live surveillance through a webcam and microphone, of silently extracting files from a hard disk, and of conducting a live remote forensics on target systems. FinSpy is hidden from the public through anonymous proxies.<a href="#fn13" name="fr13">[13]</a></li>
</ul>
<ul>
<li style="text-align: justify; "><b>FinSpy Mobile:</b> hardware or software which remotely monitors mobile phones. FinSpy Mobile enables the interception of mobile communications in areas without a network, and offers access to encrypted communications, as well as to data stored on the devices that is not transmitted. Some key features of FinSpy Mobile include the recording of common communications like voice calls, SMS/MMS and emails, the live surveillance through silent calls, the download of files, the country tracing of targets and the full recording of all BlackBerry Messenger communications. FinSpy Mobile is hidden from the public through anonymous proxies.<a href="#fn14" name="fr14">[14]</a></li>
</ul>
<ul>
<li style="text-align: justify; "><b>FinFly USB: </b>hardware which is inserted into a computer and which can automatically install the configured software with little or no user-interaction and does not require IT-trained agents when being used in operations. The FinFly USB can be used against multiple systems before being returned to the headquarters and its functionality can be concealed by placing regular files like music, video and office documents on the device. As the hardware is a common, non-suspicious USB device, it can also be used to infect a target system even if it is switched off.<a href="#fn15" name="fr15">[15]</a></li>
</ul>
<ul>
<li style="text-align: justify; "><b>FinFly LAN: </b>software which can deploy a remote monitoring solution on a target system in a local area network (LAN). Some of the major challenges law enforcement faces are mobile targets, as well as targets who do not open any infected files that have been sent via email to their accounts. FinFly LAN is not only able to deploy a remote monitoring solution on a target´s system in local area networks, but it is also able to infect files that are downloaded by the target, by sending fake software updates for popular software or to infect the target by injecting the payload into visited websites. Some key features of the FinFly LAN include: discovering all computer systems connected to LANs, working in both wired and wireless networks, and remotely installing monitoring solutions through websites visited by the target. FinFly LAN has been used in public hotspots, such as coffee shops, and in the hotels of targets.<a href="#fn16" name="fr16">[16]</a></li>
</ul>
<ul>
<li style="text-align: justify; "><b>FinFly Web:</b> software which can deploy remote monitoring solutions on a target system through websites. FinFly Web is designed to provide remote and covert infection of a target system by using a wide range of web-based attacks. FinFly Web provides a point-and-click interface, enabling the agent to easily create a custom infection code according to selected modules. It provides fully-customizable web modules, it can be covertly installed into every website and it can install the remote monitoring system even if only the email address is known.<a href="#fn17" name="fr17">[17]</a></li>
</ul>
<ul>
<li style="text-align: justify; "><b>FinFly ISP:</b> hardware or software which deploys a remote monitoring solution on a target system through an ISP network. FinFly ISP can be installed inside the Internet Service Provider Network, it can handle all common protocols and it can select targets based on their IP address or Radius Logon Name. Furthermore, it can hide remote monitoring solutions in downloads by targets, it can inject remote monitoring solutions as software updates and it can remotely install monitoring solutions through websites visited by the target.<a href="#fn18" name="fr18">[18]</a></li>
</ul>
<p align="JUSTIFY">Although FinFisher is supposed to be used for “lawful interception”, it has gained notoriety for targeting human rights activists.<a href="#fn19" name="fr19">[19]</a> <span>According to </span>Morgan Marquis-Boire, a security researcher and technical advisor at the Munk School and a security engineer at Google, FinSpy has been used in Ethiopia to target an opposition group called Ginbot.<a href="#fn20" name="fr20">[20]</a> Researchers have argued that FinFisher has been sold to Bahrain's government to target activists, and such allegations were based on an examination of malicious software which was emailed to Bahraini activists.<a href="#fn21" name="fr21">[21]</a> Privacy International has argued that FinFisher has been deployed in Turkmenistan, possibly to target activists and political dissidents.<a href="#fn22" name="fr22">[22]</a></p>
<p align="JUSTIFY">Many questions revolving around the use of FinFisher and its “remote monitoring solutions” remain vague, as there is currently inadquate proof of whether this spyware is being used to target individuals by law enforcement agencies in the countries where command and control servers have been found, such as India.<a href="#fn23" name="fr23">[23]</a> However, FinFisher's brochures which were circulated in the ISS world trade shows and leaked by WikiLeaks do reveal some confirmed facts: Gamma International claims that its FinFisher products are capable of taking control of target computers, of capturing encrypted data and of evading mainstream anti-virus software.<a href="#fn24" name="fr24">[24]</a> Such products are exhibited in the world's largest surveillance trade show and probably sold to law enforcement agencies around the world.<a href="#fn25" name="fr25">[25] </a>This alone unveils a concerning fact: spyware which is so sofisticated that it even evades encryption and anti-virus software is currently in the market and law enforcement agencies can potentially use it to target activists and anyone who does not comply with social conventions.<a href="#fn26" name="fr26">[26] </a>A few months ago, two Indian women were arrested after having questioned the shutdown of Mumbai for Shiv Sena patriarch Bal Thackeray's funeral.<a href="#fn27" name="fr27">[27] </a>Thus, it remains unclear what type of behaviour is targeted by law enforcement agencies and whether spyware, such as FinFisher, would be used in India to track individuals without a legally specified purpose.</p>
<p align="JUSTIFY">Furthermore, India lacks privacy legislation which could safeguard individuals from potential abuse, while sections 66A and 69 of the Information Technology (Amendment) Act, 2008, empower Indian authorities with extensive surveillance capabilites.<a href="#fn28" name="fr28">[28] </a>While it remains unclear if Indian law enforcement agencies are using FinFisher spy products to unlawfully target individuals, it is a fact that FinFisher control and command servers have been found in India and that, if used, they could potentially have severe consequences on individuals' right to privacy and other human rights.<a href="#fn29" name="fr29">[29]</a></p>
<h2 align="JUSTIFY">The Myth of Harmless Metadata</h2>
<p align="JUSTIFY">Over the last months, it has been reported that the Central Monitoring System (CMS) is being implemented in India, through which all telecommunications and Internet communications in the country are being centrally intercepted by Indian authorities. This mass surveillance of communications in India is enabled by the omission of privacy legislation and Indian authorities are currently capturing the metadata of communications.<a href="#fn30" name="fr30">[30]</a></p>
<p align="JUSTIFY">Last month, Edward Snowden leaked confidential U.S documents on PRISM, the top-secret National Security Agency (NSA) surveillance programme that collects metadata through telecommunications and Intenet communications. It has been reported that through PRISM, the NSA has tapped into the servers of nine leading Internet companies: Microsoft, Google, Yahoo, Skype, Facebook, YouTube, PalTalk, AOL and Apple.<a href="#fn31" name="fr31">[31]</a> While the extent to which the NSA is actually tapping into these servers remains unclear, it is certain that the NSA has collected metadata on a global level.<a href="#fn32" name="fr32">[32]</a> Yet, the question of whether the collection of metadata is “harmful” remains ambiguous.</p>
<p align="JUSTIFY">According to the National Information Standards Organization (NISO), the term “metadata” is defined as “structured information that describes, explains, locates or otherwise makes it easier to retrieve, use or manage an information resource”. NISO claims that metadata is “data about data” or “information about information”.<a href="#fn33" name="fr33">[33]</a> Furthermore, metadata is considered valuable due to its following functions:</p>
<ul>
<li>Resource discovery</li>
<li>Organizing electronic resources</li>
<li>Interoperability</li>
<li>Digital Identification</li>
<li>Archiving and preservation</li>
</ul>
<p align="JUSTIFY">Metadata can be used to find resources by relevant criteria, to identify resources, to bring similar resources together, to distinguish dissimilar resources and to give location information. Electronic resources can be organized through the use of various software tools which can automatically extract and reformat information for Web applications. Interoperability is promoted through metadata, as describing a resource with metadata allows it to be understood by both humans and machines, which means that data can automatically be processed more effectively. Digital identification is enabled through metadata, as most metadata schemes include standard numbers for unique identification. Moreover, metadata enables the archival and preservation of large volumes of digital data.<a href="#fn34" name="fr34">[34]</a></p>
<p align="JUSTIFY">Surveillance projects, such as PRISM and India's CMS, collect large volumes of metadata, which include the numbers of both parties on a call, location data, call duration, unique identifiers, the International Mobile Subscriber Identity (IMSI) number, email addresses, IP addresses and browsed webpages.<a href="#fn35" name="fr35">[35]</a> However, the fact that such surveillance projects may not have access to content data might potentially create a false sense of security.<a href="#fn36" name="fr36">[36]</a> When Microsoft released its report on data requests by law enforcement agencies around the world in March 2013, it revealed that most of the disclosed data was metadata, while relatively very little content data was allegedly disclosed.<a href="#fn37" name="fr37">[37]</a></p>
<p align="JUSTIFY">imilarily, Google's transparency report reveals that the company disclosed large volumes of metadata to law enforcement agencies, while restricting its disclosure of content data.<a href="#fn38" name="fr38">[38]</a></p>
<p align="JUSTIFY">Such reports may potentially provide a sense of security to the public, as they reassure that the content of personal emails, for example, has not been shared with the government, but merely email addresses – which might be publicly available online anyway. However, is content data actually more “harmful” than metadata? Is metadata “harmless”? How much data does metadata actually reveal?</p>
<p align="JUSTIFY">The Guardian recently published an article which includes an example of how individuals can be tracked through their metadata. In particular, the example explains how an individual is tracked – despite using an anonymous email account – by logging in from various hotels' public Wi-Fi and by leaving trails of metadata that include times and locations. This example illustrates how an individual can be tracked through metadata alone, even when anonymous accounts are being used.<a href="#fn39" name="fr39">[39]</a></p>
<p align="JUSTIFY">Wired published an article which states that metadata can potentially be more harmful than content data because “unlike our words, metadata doesn't lie”. In particular, content data shows what an individual says – which may be true or false – whereas metadata includes what an individual does. While the validity of the content within an email may potentially be debateable, it is undeniable that an individual logged into specific websites – if that is what that individuals' IP address shows. Metadata, such as the browsing habits of an individual, may potentially provide a more thorough and accurate profile of an individual than that individuals' email content, which is why metadata can potentially be more harmful than content data.<a href="#fn40" name="fr40">[40]</a></p>
<p align="JUSTIFY">Furthermore, voice content is hard to process and written content in an email or chat communication may not always be valid. Metadata, on the other hand, provides concrete patterns of an individuals' behaviour, interests and interactions. For example, metadata can potentially map out an individuals' political affiliation, interests, economic background, institution, location, habits and the people that individual interacts with. Such data can potentially be more valuable than content data, because while the validity of email content is debateable, metadata usually provides undeniable facts. Not only is metadata more accurate than content data, but it is also ideally suited to automated analysis by a computer. As most metadata includes numeric figures, it can easily be analysed by data mining software, whereas content data is more complicated.<a href="#fn41" name="fr41">[41]</a></p>
<p align="JUSTIFY">FinFisher products, such as FinFly LAN, FinFly Web and FinFly ISP, provide solid proof that the collection of metadata can potentially be “harmful”. In particular, FinFly LAN can be deployed in a target system in a local area network (LAN) by infecting files that are downloaded by the target, by sending fake software updates for popular software or by infecting the payload into visited websites. The fact that FinFly LAN can remotely install monitoring solutions through websites visited by the target indicates that metadata alone can be used to acquire other sensitive data.<a href="#fn42" name="fr42">[42]</a></p>
<p align="JUSTIFY">FinFly Web can deploy remote monitoring solutions on a target system through websites. Additionally, FinFly Web can be covertly installed into every website and it can install the remote monitoring system even if only the email address is known.<a href="#fn43" name="fr43">[43]</a> FinFly ISP can select targets based on their IP address or Radius Logon Name. Furthermore, FinFly ISP can remotely install monitoring solutions through websites visited by the target, as well as inject remote monitoring solutions as software updates.<a href="#fn44" name="fr44">[44]</a> In other words, FinFisher products, such as FinFly LAN, FinFly Web and FinFly ISP, can target individuals, take control of their computers and their data, and capture even encrypted data and communications with the help of metadata alone.</p>
<p align="JUSTIFY">The example of FinFisher products illustrates that metadata can potentially be as “harmful” as content data, if acquired unlawfully and without individual consent.<a href="#fn45" name="fr45">[45]</a> Thus, surveillance schemes, such as PRISM and India's CMS, which capture metadata without individuals' consent can potentially pose a major threat to the right to privacy and other human rights.<a href="#fn46" name="fr46">[46]</a> Privacy can be defined as the claim of individuals, groups or institutions to determine when, how and to what extent information about them is communicated to others.<a href="#fn47" name="fr47">[47]</a> Furthermore, privacy is at the core of human rights because it protects individuals from abuse by those in power.<a href="#fn48" name="fr48">[48]</a> The unlawful collection of metadata exposes individuals to the potential violation of their human rights, as it is not transparent who has access to their data, whether it is being shared with third parties or for how long it is being retained.</p>
<p align="JUSTIFY">It is not clear if Indian law enforcement agencies are actually using FinFisher products, but the Citizen Lab did find FinFisher command and control servers in the country which indicates that there is a high probability that such spyware is being used.<a href="#fn49" name="fr49">[49] </a>This probability is highly concerning not only because the specific spy products have such advanced capabilities that they are even capable of capturing encrypted data, but also because India currently lacks privacy legislation which could safeguard individuals.</p>
<p align="JUSTIFY">Thus, it is recommended that Indian law enforcement agencies are transparent and accountable if they are using spyware which can potentially breach their citizens' human rights and that privacy legislation is enacted into law. Lastly, it is recommended that all surveillance technologies are strictly regulated with regards to the protection of human rights and that Indian authorities adopt the principles on communication surveillance formulated by the Electronic Frontier Foundation and Privacy International.<a href="#fn50" name="fr50">[50]</a> The above could provide a decisive first step in ensuring that India is the democracy it claims to be.</p>
<hr />
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr1" name="fn1">1</a>]. Robert Anderson (2013), <i>“Wondering What Harmless 'Metadata' Can Actually Reveal? Using Own Data, German Politician Shows Us”, </i><span>The CSIA Foundation, </span><a class="external-link" href="http://bit.ly/1cIhu7G">http://bit.ly/1cIhu7G</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr2" name="fn2">2</a>]. Gamma Group, FinFisher IT Intrusion, <a class="external-link" href="http://bit.ly/fnkGF3">http://bit.ly/fnkGF3</a><a href="http://www.finfisher.com/FinFisher/en/index.php"></a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr3" name="fn3">3</a>]. Morgan Marquis-Boire, Bill Marczak, Claudio Guarnieri & John Scott-Railton, <i>“You Only Click Twice: FinFisher's Global Proliferation”, </i><span>The Citizen Lab, 13 March 2013, </span><a class="external-link" href="http://bit.ly/YmeB7I">http://bit.ly/YmeB7I</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr4" name="fn4">4</a>]. Michael Lewis, <i>“FinFisher Surveillance Spyware Spreads to Smartphones”, </i><span>The Star: Business, 30 August 2012, </span><a class="external-link" href="http://bit.ly/14sF2IQ">http://bit.ly/14sF2IQ</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr5" name="fn5">5</a>]. Marcel Rosenbach, <i>“Troublesome Trojans: Firm Sought to Install Spyware Via Faked iTunes Updates”, </i><span>Der Spiegel, 22 November 2011, </span><a class="external-link" href="http://bit.ly/14sETVV">http://bit.ly/14sETVV</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr6" name="fn6">6</a>]. Intercept Review, <i>Mozilla to Gamma: stop disguising your FinSpy as Firefox, </i><span>02 May 2013, </span><a class="external-link" href="http://bit.ly/131aakT">http://bit.ly/131aakT</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr7" name="fn7">7</a>]. Intercept Review, <i>LI Companies Review (3) – Gamma, </i><span>05 April 2012, </span><a class="external-link" href="http://bit.ly/Hof9CL">http://bit.ly/Hof9CL</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr8" name="fn8">8</a>]. Morgan Marquis-Boire, Bill Marczak, Claudio Guarnieri & John Scott-Railton, <i>For Their Eyes Only: The Commercialization of Digital Spying, </i><span>Citizen Lab and Canada Centre for Global Security Studies, Munk School of Global Affairs, University of Toronto, 01 May 2013, </span><a class="external-link" href="http://bit.ly/ZVVnrb">http://bit.ly/ZVVnrb</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr9" name="fn9">9</a>]. Morgan Marquis-Boire, Bill Marczak, Claudio Guarnieri & John Scott-Railton, <i>“You Only Click Twice: FinFisher's Global Proliferation”, </i><span>The Citizen Lab, 13 March 2013, </span><a class="external-link" href="http://bit.ly/YmeB7I">http://bit.ly/YmeB7I</a></p>
<p style="text-align: justify; ">[<a href="#fr10" name="fn10">10</a>]. Ibid.</p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr11" name="fn11">11</a>]. Morgan Marquis-Boire, Bill Marczak, Claudio Guarnieri & John Scott-Railton, <i>For Their Eyes Only: The Commercialization of Digital Spying, </i><span>Citizen Lab and Canada Centre for Global Security Studies, Munk School of Global Affairs, University of Toronto, 01 May 2013, </span><a class="external-link" href="http://bit.ly/ZVVnrb">http://bit.ly/ZVVnrb</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr12" name="fn12">12</a>]. Morgan Marquis-Boire, Bill Marczak, Claudio Guarnieri & John Scott-Railton, <i>“You Only Click Twice: FinFisher's Global Proliferation”, </i><span>The Citizen Lab, 13 March 2013, </span><a class="external-link" href="http://bit.ly/YmeB7I">http://bit.ly/YmeB7I</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr13" name="fn13">13</a>]. Gamma Group, FinFisher IT Intrusion, <i>FinSpy: Remote Monitoring & Infection Solutions, </i><span>WikiLeaks: The Spy Files, </span><a class="external-link" href="http://bit.ly/zaknq5">http://bit.ly/zaknq5</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr14" name="fn14">14</a>]. Gamma Group, FinFisher IT Intrusion, <i>FinSpy Mobile: Remote Monitoring & Infection Solutions, </i><span>WikiLeaks: The Spy Files, </span><a class="external-link" href="http://bit.ly/19pPObx">http://bit.ly/19pPObx</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr15" name="fn15">15</a>]. Gamma Group, FinFisher IT Intrusion, <i>FinFly USB: Remote Monitoring & Infection Solutions, </i><span>WikiLeaks: The Spy Files, </span><a class="external-link" href="http://bit.ly/1cJSu4h">http://bit.ly/1cJSu4h</a><i> </i></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr16" name="fn16">16</a>]. Gamma Group, FinFisher IT Intrusion, <i>FinFly LAN: Remote Monitoring & Infection Solutions, </i><span>WikiLeaks: The Spy Files, </span><a class="external-link" href="http://bit.ly/14J70Hi">http://bit.ly/14J70Hi</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr17" name="fn17">17</a>]. Gamma Group, FinFisher IT Intrusion, <i>FinFly Web: Remote Monitoring & Intrusion Solutions, </i><span>WikiLeaks: The Spy Files, </span><a class="external-link" href="http://bit.ly/19fn9m0">http://bit.ly/19fn9m0</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr18" name="fn18">18</a>]. Gamma Group, FinFisher IT Intrusion, <i>FinFly ISP: Remote Monitoring & Intrusion Solutions, </i><span>WikiLeaks: The Spy Files, </span><a class="external-link" href="http://bit.ly/13gMblF">http://bit.ly/13gMblF</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr19" name="fn19">19</a>]. Gerry Smith, <i>“FinSpy Software Used To Surveil Activists Around The World, Reports Says”, </i><span>The Huffington Post, 13 March 2013, </span><a class="external-link" href="http://huff.to/YmmhXI">http://huff.to/YmmhXI</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr20" name="fn20">20</a>]. Jeremy Kirk, <i>“FinFisher Spyware seen Targeting Victims in Vietnam, Ethiopia”, </i><span>Computerworld: IDG News, 14 March 2013, </span><a class="external-link" href="http://bit.ly/14J8BwW">http://bit.ly/14J8BwW</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr21" name="fn21">21</a>]. Reporters without Borders: For Freedom of Information (2012), <i>The Enemies of the Internet: Special Edition: Surveillance, </i><a class="external-link" href="http://bit.ly/10FoTnq">http://bit.ly/10FoTnq</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr22" name="fn22">22</a>]. Privacy International, <i>FinFisher Report, </i><a class="external-link" href="http://bit.ly/QlxYL0">http://bit.ly/QlxYL0</a><span><a href="https://www.privacyinternational.org/finfisherreport"></a> </span></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr23" name="fn23">23</a>]. Morgan Marquis-Boire, Bill Marczak, Claudio Guarnieri & John Scott-Railton, <i>“You Only Click Twice: FinFisher's Global Proliferation”, </i><span>The Citizen Lab, 13 March 2013,<a class="external-link" href="http://bit.ly/YmeB7I"> </a></span><a class="external-link" href="http://bit.ly/YmeB7I">http://bit.ly/YmeB7I</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr24" name="fn24">24</a>]. Gamma Group, FinFisher IT Intrusion, <i>FinSpy: Remote Monitoring & Infection Solutions, </i><span>WikiLeaks: The Spy Files, </span><a class="external-link" href="http://bit.ly/zaknq5">http://bit.ly/zaknq5</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr25" name="fn25">25</a>]. Adi Robertson, <i>“Paranoia Thrives at the ISS World Cybersurveillance Trade Show”, </i><span>The Verge, 28 December 2011, </span><a class="external-link" href="http://bit.ly/tZvFhw">http://bit.ly/tZvFhw</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr26" name="fn26">26</a>]. Gerry Smith, <i>“FinSpy Software Used To Surveil Activists Around The World, Reports Says”, </i><span>The Huffington Post, 13 March 2013, </span><a class="external-link" href="http://huff.to/YmmhXI">http://huff.to/YmmhXI</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr27" name="fn27">27</a>]. BBC News, <i>“India arrests over Facebook post criticising Mumbai shutdown”, </i><span>19 November 2012, </span><a class="external-link" href="http://bbc.in/WoSXkA">http://bbc.in/WoSXkA</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr28" name="fn28">28</a>]. Indian Ministry of Law, Justice and Company Affairs, <i>The Information Technology (Amendment) Act, 2008, </i><a class="external-link" href="http://bit.ly/19pOO7t">http://bit.ly/19pOO7t</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr29" name="fn29">29</a>]. Morgan Marquis-Boire, Bill Marczak, Claudio Guarnieri & John Scott-Railton, <i>For Their Eyes Only: The Commercialization of Digital Spying, </i><span>Citizen Lab and Canada Centre for Global Security Studies, Munk School of Global Affairs, University of Toronto, 01 May 2013, </span><a class="external-link" href="http://bit.ly/ZVVnrb">http://bit.ly/ZVVnrb</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr30" name="fn30">30</a>]. Phil Muncaster, <i>“India introduces Central Monitoring System”, </i><span>The Register, 08 May 2013,<a class="external-link" href="http://bit.ly/ZOvxpP"> </a></span><a class="external-link" href="http://bit.ly/ZOvxpP">http://bit.ly/ZOvxpP</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr31" name="fn31">31</a>]. Glenn Greenwald & Ewen MacAskill, <i>“NSA PRISM program taps in to user data of Apple, Google and others”, </i><span>The Guardian, 07 June 2013, </span><a class="external-link" href="http://bit.ly/1baaUGj">http://bit.ly/1baaUGj</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr32" name="fn32">32</a>]. BBC News, <i>“Google, Facebook and Microsoft seek data request transparency”, </i><span>12 June 2013, </span><a class="external-link" href="http://bbc.in/14UZCCm">http://bbc.in/14UZCCm</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr33" name="fn33">33</a>]. National Information Standards Organization (2004), <i>Understanding Metadata, </i><span>NISO Press, </span><a class="external-link" href="http://bit.ly/LCSbZ">http://bit.ly/LCSbZ</a></p>
<p style="text-align: justify; ">[<a href="#fr34" name="fn34">34</a>]. Ibid.</p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr35" name="fn35">35</a>]. The Hindu, <i>“In the dark about 'India's PRISM'”, </i><span>16 June 2013, </span><a class="external-link" href="http://bit.ly/1bJCXg3">http://bit.ly/1bJCXg3</a><span><a href="http://www.thehindu.com/sci-tech/technology/in-the-dark-about-indias-prism/article4817903.ece"></a> ; Glenn Greenwald, </span><i>“NSA collecting phone records of millions of Verizon customers daily”, </i><span>The Guardian, 06 June 2013, </span><a class="external-link" href="http://bit.ly/16L89yo">http://bit.ly/16L89yo</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr36" name="fn36">36</a>]. Robert Anderson, <i>“Wondering What Harmless 'Metadata' Can Actually Reveal? Using Own Data, German Politician Shows Us”, </i><span>The CSIA Foundation, 01 July 2013, </span><a class="external-link" href="http://bit.ly/1cIhu7G">http://bit.ly/1cIhu7G</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr37" name="fn37">37</a>]. Microsoft: Corporate Citizenship, <i>2012 Law Enforcement Requests Report,</i><a class="external-link" href="http://bit.ly/Xs2y6D">http://bit.ly/Xs2y6D</a><a href="http://www.microsoft.com/about/corporatecitizenship/en-us/reporting/transparency/"><span></span></a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr38" name="fn38">38</a>]. Google, <i>Transparency Report</i><span>, </span><a class="external-link" href="http://bit.ly/14J7hKp">http://bit.ly/14J7hKp</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr39" name="fn39">39</a>]. Guardian US Interactive Team, <i>A Guardian Guide to your Metadata, </i><span>The Guardian, 12 June 2013, </span><a class="external-link" href="http://bit.ly/ZJLkpy">http://bit.ly/ZJLkpy</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr40" name="fn40">40</a>]. Matt Blaze, <i>“Phew, NSA is Just Collecting Metadata. (You Should Still Worry)”, </i><span>Wired, 19 June 2013, </span><a class="external-link" href="http://bit.ly/1bVyTJF">http://bit.ly/1bVyTJF</a></p>
<p style="text-align: justify; ">[<a href="#fr41" name="fn41">41</a>]. Ibid.</p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr42" name="fn42">42</a>]. Gamma Group, FinFisher IT Intrusion, <i>FinFly LAN: Remote Monitoring & Infection Solutions, </i><span>WikiLeaks: The Spy Files, </span><a class="external-link" href="http://bit.ly/14J70Hi">http://bit.ly/14J70Hi</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr43" name="fn43">43</a>]. Gamma Group, FinFisher IT Intrusion, <i>FinFly Web: Remote Monitoring & Intrusion Solutions, </i><span>WikiLeaks: The Spy Files, </span><a class="external-link" href="http://bit.ly/19fn9m0">http://bit.ly/19fn9m0</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr44" name="fn44">44</a>]. Gamma Group, FinFisher IT Intrusion, <i>FinFly ISP: Remote Monitoring & Intrusion Solutions, </i><span>WikiLeaks: The Spy Files,<a class="external-link" href="http://bit.ly/13gMblF"> </a></span><a class="external-link" href="http://bit.ly/13gMblF">http://bit.ly/13gMblF</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr45" name="fn45">45</a>]. Robert Anderson, <i>“Wondering What Harmless 'Metadata' Can Actually Reveal? Using Own Data, German Politician Shows Us”, </i><span>The CSIA Foundation, 01 July 2013, </span><a class="external-link" href="http://bit.ly/1cIhu7G">http://bit.ly/1cIhu7G</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr46" name="fn46">46</a>]. Shalini Singh, <i>“India's surveillance project may be as lethal as PRISM”, </i><span>The Hindu, 21 June 2013, </span><a class="external-link" href="http://bit.ly/15oa05N">http://bit.ly/15oa05N</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr47" name="fn47">47</a>]. Cyberspace Law and Policy Centre, <i>Privacy, </i><a class="external-link" href="http://bit.ly/14J5u7W">http://bit.ly/14J5u7W</a><span><a href="http://www.cyberlawcentre.org/genl0231/privacy.htm"></a> </span></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr48" name="fn48">48</a>]. Bruce Schneier, <i>“Privacy and Power”, </i><span>Schneier on Security, 11 March 2008, </span><a class="external-link" href="http://bit.ly/i2I6Ez">http://bit.ly/i2I6Ez</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr49" name="fn49">49</a>]. Morgan Marquis-Boire, Bill Marczak, Claudio Guarnieri & John Scott-Railton, <i>For Their Eyes Only: The Commercialization of Digital Spying, </i><span>Citizen Lab and Canada Centre for Global Security Studies, Munk School of Global Affairs, University of Toronto, 01 May 2013, </span><a class="external-link" href="http://bit.ly/ZVVnrb">http://bit.ly/ZVVnrb</a></p>
<p class="sdfootnote" style="text-align: justify; ">[<a href="#fr50" name="fn50">50</a>]. Elonnai Hickok, <i>“Draft International Principles on Communications Surveillance and Human Rights”, </i><span>The Centre for Internet and Society, 16 January 2013, </span><a class="external-link" href="http://bit.ly/XCsk9b">http://bit.ly/XCsk9b</a></p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/fin-fisher-in-india-and-myth-of-harmless-metadata'>https://cis-india.org/internet-governance/blog/fin-fisher-in-india-and-myth-of-harmless-metadata</a>
</p>
No publishermariaFeaturedInternet GovernancePrivacy2013-08-13T11:30:15ZBlog EntryBanking and Accessibility in India: A Report by CIS
https://cis-india.org/accessibility/blog/banking-and-accessibility-in-india-report
<b>The report gives an analysis of banking accessibility for persons with disabilities in India. Besides a detailed look at the legal provisions and guidelines on banking and technology, the report also provides a view on different disabilities in relation to banking and accessibility in India and contains case studies and guidelines from countries such as New Zealand, Australia, the United States of America, Canada and the Netherlands. The report sums up the analysis with suggestions and recommendations to improve banking accessibility for persons with disabilities in India.</b>
<h2>Executive Summary</h2>
<p style="text-align: justify; ">India is a signatory to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), and has an obligation to provide equal opportunities and facilities to everyone, irrespective of any disabilities they might suffer from. This is guaranteed in the right to equality and the right to life, which are enshrined in the fundamental rights in the Constitution of India. There are specific Reserve Bank of India (RBI) notifications that mandate banks to offer banking facilities in a non-discriminatory manner to all customers. Nevertheless, there are many problems faced by people with disabilities while accessing banking and financial services in India. For instance, many banks and Automated Teller Machines (ATMs) are not physically accessible, staff has no training or expertise in dealing with customers who have special needs, and despite the existence of technology, and ATMs are not equipped to be used by people with disabilities.</p>
<p style="text-align: justify; ">There are several international guidelines which can be referred to while formulating policy on banking accessibility, such as guidelines on ATM construction and modification (USA) and guidelines on making websites accessible for people with disabilities (the Web Content Accessibility Guidelines), as well as voluntary standards that have been taken up by banking associations in countries like Australia and New Zealand in order to make banking more accessible to people with disabilities and the elderly population.</p>
<p style="text-align: justify; ">The adoption of accessibility features and technologies in Indian banks today is very low, despite there being a legislative as well as executive push for the same. Banks which do not follow these guidelines are not meeting their legal requirements, and it is important for them to understand not just their obligations, but also the benefits that will accrue to them if they follow the suggested guidelines. To that end, this report looks at the current notifications and guidelines that govern this area, the problems faced by people with disabilities, and looks at guidelines from other countries to suggest solutions that can be incorporated by different banks in India.</p>
<h2 style="text-align: justify; ">Introduction</h2>
<p style="text-align: justify; ">As per the 2001 Census, there are around 2.19 crore persons with disabilities in India. They constitute 2.13 per cent of the total population of the country.<a href="#fn1" name="fr1">[1]</a> This includes persons with visual, hearing, speech, locomotor and mental disabilities. Despite these numbers, there is a lack of understanding of their needs, and people with disabilities face a number of obstacles when it comes to living a normal life, and availing banking facilities is a big part of the problem. Consider the fact that only 50 out of the 1.04 lakh Automated Teller Machines (ATMs) in India are accessible to people with disabilities.<a href="#fn2" name="fr2">[2]</a> There is a general lack of infrastructure and awareness in India that permits people with disabilities to use banking services. This translates to problems not just in accessing a physical bank and seeking help from a bank official, but also extends to accessing services such as ATM machines and online banking options. The problem is exacerbated by the fact that around 75 per cent of persons with disabilities live in rural areas, and only around 49 per cent of the disabled population is literate and only 34 per cent is employed.<a href="#fn3" name="fr3">[3]</a> Although one may find some rare cases of disabled-friendly banking options in the metros, in the rural areas, there are neither facilities nor is there any sensitisation towards meeting the needs of the disabled.</p>
<p style="text-align: justify; ">India is a signatory to both the United Nations Convention on the Rights of Persons with Disabilities, 2006<a href="#fn4" name="fr4">[4]</a> (hereinafter, “UNCRPD”) and Biwako Millennium Framework towards an Inclusive, Barrier-free and Rights-based Society for PWDs in Asia and the Pacific, 2002<a href="#fn5" name="fr5">[5]</a> and thus has an international obligation to ensure equal access to all members of the population. This obligation extends to giving people with disabilities the right to conduct banking services. This has been recognised by several Reserve Bank of India (RBI) directives as well, although these guidelines have not been fully implemented so far.</p>
<p style="text-align: justify; ">Currently, it is very difficult for people with disabilities to use banking services in India. If a person who has a hearing disability walks into a branch for a home loan, the branch does not have a person who can understand or interpret sign language. More usually, the branch does not even have the resources or knowledge about whom to contact to facilitate the interaction by interpreting. These obstacles mean that a person with disability/ies always has to latch on to someone who is fully capable to help them. Without such help in the form of guarantors or co-borrowers who are fully capable, the chances of obtaining finance from the banks are low because bank's probably give a person with disability/ies a much lower credit rating based on their own internal criteria. These determinations automatically put the disabled at a disadvantage. A person with a learning disability, for example, dyslexia, will face severe difficulty filling out an application form (or any document for that matter) and banks are not disabled friendly in terms of the attitude of the staff towards such difficulties.</p>
<p style="text-align: justify; ">Making banking accessible for people with disabilities is both a best practice that should be followed, as well as a sound commercial decision. There are a large number of people in India with differing levels of disability, who would benefit from using banking services. Additionally, the number of people will only increase with time as India’s young population grows old, since incidence of disability increases with age.<a href="#fn6" name="fr6">[6]</a> The Internet, above all, is a tool for people with disabilities to bridge the differences between them and others, and all efforts must be made to ensure that they are not at a disadvantage when it comes to using services such as net banking. There is also the consideration that improving accessibility improves access for all users, and makes it possible for them to make use of more services. A lot of accessibility issues (such as the physical accessibility to branches and ATMs, signature mismatches due to hand tremors or strokes) are common to the disabled, the elderly and those with neurological conditions. Taken together, this constitutes a significant percentage of the customer base — so these issues should be addressed by banks for that reason alone.</p>
<p style="text-align: justify; ">This report will look at the legal imperatives that govern accessibility in banking services in India, and look at the various problems being faced by people with disabilities when trying to use banks. It will also look at sample guidelines from other countries and suggest best practices for banking institutions, as well as take a look at the various costs that could be incurred in trying to make their banks more accessible.</p>
<p style="text-align: justify; ">The scope of this report is restricted to covering only basic banking services in India, and other financial services, such as insurance and loans, have not been dealt with.</p>
<h2 style="text-align: justify; ">Legal Imperatives</h2>
<p style="text-align: justify; ">The rights of persons with disabilities have been recognised under various legal instruments, and it has been established that they are to be given the same services and privileges as other members of society.</p>
<h3 style="text-align: justify; ">Constitutional Provisions</h3>
<p style="text-align: justify; ">Part III of the Constitution of India, which deals with the fundamental rights of citizens, recognizes the principle of equality of all people. Article 14 states that the government must accord equal protection of the law to any person within the territory of India.<a href="#fn7" name="fr7">[7] </a>This recognition of the importance of non-discrimination means that the state must ensure that people with disabilities do not suffer disadvantages when it comes to accessing public services.</p>
<p style="text-align: justify; ">Article 15, which deals with prohibition of discrimination on various grounds states that no citizen is to be subject to any disability, liability or restriction with regard to access to shops, public restaurants, and other public places.<a href="#fn8" name="fr8">[8]</a></p>
<p style="text-align: justify; ">It is evident that this important constitutional protection extends to people with disabilities, and it is their right to gain equal and accessible access to all manner of services, including banking.</p>
<h3 style="text-align: justify; ">Legislation dealing with Disability</h3>
<p style="text-align: justify; ">There are several national laws that deal with the rights of people with disabilities, though not all of these laws have a direct bearing with banking.</p>
<h3 style="text-align: justify; ">The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995</h3>
<p style="text-align: justify; ">The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (“the PWD Act”) was enacted to give effect to the proclamation on the full participation and equality of people with disabilities on both central and state governments. The PWD Act has been enacted under Article 253 of the Constitution.<a href="#fn9" name="fr9">[9] </a>It has several provisions for people with disabilities, including education, employment, creation of barrier free environment, social security and similar overlooked areas. It provides for a three tier arrangement:</p>
<p style="text-align: justify; ">For evolution of policy for the benefit of persons with disabilities Implementation of the provisions of the Act and laws, policies, etc., and monitoring implementation and redressing grievances.</p>
<p style="text-align: justify; ">The implementation of the Act relies on collaboration between the appropriate governments, which includes various central ministries and departments, state and union territories, and local bodies.<a href="#fn10" name="fr10">[10]</a></p>
<p style="text-align: justify; ">Chapter VIII of the Act deals with non-discrimination, and one of the measures it recommends is making buildings accessible by simple measures such as curb cuts and slopes in the pavements for wheelchair users.</p>
<p style="text-align: justify; ">There are several problems with the enactment.<a href="#fn11" name="fr11">[11]</a> The terms "accessibility" and "disability" are not clearly defined. They are also not provided as a matter of right but are based on the economic capacity of the service provider. It also fails to consider the access to services and information. However, public banks need to be conscious, since they will usually be considered to have sufficient economic capacity, and might be bound to deliver their services to people with disabilities. This has often become an issue in other jurisdictions as well. In 2009, the Royal Bank of Scotland, for example, was forced to pay extensive damages to a disabled student who was unable to access the bank due to a lack of wheelchair lifts.<a href="#fn12" name="fr12">[12]</a></p>
<h3 style="text-align: justify; ">The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999</h3>
<p style="text-align: justify; ">The trust is intended to give complete care to people with mental retardation and cerebral palsy, and also manage the properties bequeathed to the trust. The trust supports programmes that promotes independence and address the concerns of these special persons, especially the ones who do not have family support. The trust is also empowered to receive grants, donations, benefactions, requests and transfers.<a href="#fn13" name="fr13">[13]</a></p>
<h3 style="text-align: justify; ">The Mental Health Act, 1987</h3>
<p style="text-align: justify; "><b> </b>The Act consolidates and amends the law relating to the treatment and care of mentally ill persons, in order to make better provisions with respect to their property and affairs, and other incidental matters.<a href="#fn14" name="fr14">[14]</a></p>
<h3 style="text-align: justify; ">The Rehabilitation Council of India Act, 1992</h3>
<p style="text-align: justify; "><b> </b>The Act was created to provide for the constitution of the Rehabilitation Council of India for regulating training of the rehabilitation professionals and maintaining of a central rehabilitation register. It also regulates the recognized rehabilitation qualifications, and prescribes minimum standards of education.<a href="#fn15" name="fr15">[15]</a></p>
<h3 style="text-align: justify; ">RBI Notifications</h3>
<p style="text-align: justify; ">The most important resource when it comes to banking guidelines is the RBI, which comes out with regular notifications. The RBI has been conferred wide powers under the Banking Regulation Act, 1949 (BRA),<a href="#fn16" name="fr16">[16]</a> under which it can supervise and control the various banking companies, and they are bound to follow its directions. Section 35A of the Act specifies that in public interest or in the interest of banking policy, the RBI can issue such directions as it deems fit, and the banking companies or the banking company, as the case may be, shall be bound to comply with such directions.<a href="#fn17" name="fr17">[17]</a></p>
<p style="text-align: justify; ">RBI has released several notifications dealing with the rights of the disabled.</p>
<h3 style="text-align: justify; ">Circular on grant of banking facilities to the visually challenged</h3>
<p style="text-align: justify; "><b> </b>In its Circular DBOD. No. Leg BC. 91 /09.07.005/2007-08 dated June 4, 2008,<a href="#fn18" name="fr18">[18]</a> the RBI mandated that banking facilities (including cheque book facility, operation of ATM, locker, etc.) cannot be denied to the visually challenged as they are legally competent to contract.</p>
<p style="text-align: justify; ">In the notification, the RBI recalled the order of the Chief Commissioner for Persons with Disabilities, which had earlier been passed by the Indian Banks’ Association (“IBA”) to its member banks. The Order instructed that banks should offer all the banking facilities including cheque book facility, ATM facility and locker facility to the visually challenged and also assist them in withdrawal of cash. This order has reiterated that there can be no denial of services just because there is an apprehension of risk in operating or using the facility; it said that a similar security threat exists for all members of the population.</p>
<p style="text-align: justify; ">As per the RBI notification, the banks are therefore bound to:<br />Ensure that all the banking facilities such as cheque books are offered to the visually impaired without any discrimination. These facilities should include third party cheques, ATM, net banking, locker, retail loan and credit card facilities.</p>
<p style="text-align: justify; ">Advise their branches to render all possible assistance to the visually impaired for availing the various banking facilities.</p>
<h3 style="text-align: justify; ">Circular on making ATMs accessible</h3>
<p style="text-align: justify; "><b> </b>The RBI had been receiving several suggestions to make branches and ATMs easily accessible to people with disabilities by providing ramps so that wheel chair users can access them and the height of the machine is also appropriate for them. It had also been receiving suggestions for installing speaking software and key pads with letters in Braille to facilitate use by persons with visual impairment. After considering these suggestions, the RBI passed a notification, directing the banks to implement such measures.</p>
<p style="text-align: justify; ">As per its Circular DBOD. No. Leg BC. 91 /09.07.005/2007-08 dated June 4, 2008, RBI has directed all banks to provide:</p>
<ul>
<li style="text-align: justify; ">Ramps to ATMs: Banks have to take necessary steps to provide all existing ATMs or future ATMs with ramps so that wheelchair users or persons with disabilities can easily access them and also make arrangements in such a way that the height of the ATM does not create an impediment in its use by a wheelchair user.</li>
<li style="text-align: justify; ">Ramps at bank entrances: Banks may also take appropriate steps including providing ramps at the entrance of the bank branches so that the persons with disabilities or wheelchair users can enter the bank branches and conduct business without much difficulty.</li>
<li style="text-align: justify; ">Accessible ATMs: Banks should make at least one third of new ATMs installed as talking ATMs with Braille keypads and place them strategically <span>in consultation with other banks</span> to ensure that at least one talking ATM with Braille keypad is generally available in each locality for catering to needs of visually impaired persons.</li>
<li style="text-align: justify; ">Information about the ATMs: Banks should also bring the locations of such talking ATMs to the notice of their disabled customers.</li>
</ul>
<h3 style="text-align: justify; ">Circular on implementation of the guidelines</h3>
<p style="text-align: justify; "><b> </b>These guidelines were strongly reiterated as recently as September 5, 2012, where the RBI by its notification numbered DBOD.No. Leg.BC. 38/09.07.005/2012-13<a href="#fn20" name="fr20">[20] </a>highlighted the abovementioned circulars. It said that it had been brought to their notice by the Office of the Chief Commissioner for Persons with Disabilities that visually challenged persons are facing problems in availing banking facilities like internet banking.</p>
<p style="text-align: justify; ">Banks were advised under this notification to strictly adhere to instructions contained in the above circulars and extend all banking facilities to persons with blindness, low-vision and other disabilities.</p>
<h3 style="text-align: justify; ">Circular on guardianship certificates</h3>
<p style="text-align: justify; "><b> </b>The RBI, by its Master Circular DBOD.No.Leg.BC.9/ 09.07.006/ 2009-10<a href="#fn21" name="fr21">[21]</a>dated July 1, 2009 on Customer Service, directed banks to accept guardianship certificates issued by local level committees set up under the National Trust Act, enabling persons with disabilities like autism and cerebral palsy to open and operate accounts. Banks were advised to rely on the guardianship certificate issued either by the district court under the Mental Health Act or by the local level committees under the National Trust Act for the purposes of opening and operating bank accounts<a href="#fn22" name="fr22">[22]</a> by the legal guardians for people with disabilities that is covered under the Act. Banks were also advised to ensure that their branches give proper guidance so that the parents or relatives of the person with disability/ies do not face any difficulties in this regard. It has also directed that information about the opening of such bank accounts be displayed conspicuously, in both English as well as the regional language, in its circular RBI /2009-10/142.<a href="#fn23" name="fr23">[23]</a><i> This notification was in response to a Delhi High Court decision that directed banks to put up such information</i>.</p>
<p style="text-align: justify; ">Banks are therefore directed to:</p>
<ul>
<li style="text-align: justify; ">Accept guardianship certificates: Banks can accept certificates issued by local level committees set up under the National Trust Act or district court under the Mental Health Act, so that persons with disabilities like autism and cerebral palsy can open and operate accounts.</li>
<li style="text-align: justify; ">Provide assistance: Banks should ensure that their branches give proper guidance so that the parents or relatives of the person with disability/ies do not face any difficulties.</li>
<li style="text-align: justify; ">Display information: Banks should ensure that information about the opening of such bank accounts be displayed conspicuously, in both English as well as the regional language.</li>
</ul>
<h3 style="text-align: justify; ">National Policy on Disability</h3>
<p style="text-align: justify; "><b> </b>The National Policy for Persons with Disabilities, which was published in 2006, recognizes the extent of problems faced by the disabled in India. The report also discusses the number of citizens who are affected by disability: “According to the Census 2001, there are 2.19 crore persons with disabilities in India who constitute 2.13 per cent of the total population. This includes persons with visual, hearing, speech, locomotor and mental disabilities. Seventy five per cent of persons with disabilities live in rural areas, 49 per cent of disabled population is literate and only 34 per cent are employed. The earlier emphasis on medical rehabilitation has now been replaced by an emphasis on social rehabilitation. There has been an increasing recognition of the abilities of persons with disabilities and emphasis on mainstreaming them in the society based on their capabilities.”<a href="#fn24" name="fr24">[24] </a>The policy endorses accessibility and says that a barrier-free environment enables people with disabilities to move about safely and freely, and use the facilities within the built environment. In the principle areas of intervention identified by the policy, it ensures that banking services are made barrier free and accessible.<a href="#fn25" name="fr25">[25] </a></p>
<p style="text-align: justify; ">The National Policy is intended to inform the disability plan to be incorporated in the 11th Five Year plan,<a href="#fn26" name="fr26">[26] </a>which will have a timeline and funds for programmes which can be allotted through the Finance Commission.</p>
<h2 style="text-align: justify; ">Explaining Disabilities</h2>
<p style="text-align: justify; ">There are many problems faced by people with disabilities when they consider banking and financial services. From the very beginning, banks are a complicated route to charter for people with disabilities. Banks often resort to complex schemes and pricing systems, which can be difficult to understand for people with cognitive disabilities.<a href="#fn27" name="fr27">[27] </a>Finding bank branches and ATMs in their neighbourhood which are disabled-friendly and can be accessible to them is another difficulty, especially in a place like India where finding information is often a problem. There might be problems with physical accessibility — lack of ramp which makes it impossible for a wheelchair-bound person to use a bank or uncomfortable height of an ATM which makes it unwieldy for a wheelchair-bound person to access it — which can extend to the virtual realm as well: if a bank’s website is not complying with the standards for web-accessibility (discussed below) and is difficult to use by people with disabilities, they will be unable to take recourse to internet banking, as well.</p>
<p style="text-align: justify; ">In many countries such as Australia<a href="#fn28" name="fr28">[28]</a> there is great reliance on phone banking, which can be especially helpful to blind customers, or on audio-based telephone devices, which can be used by deaf-blind or the deaf customers. However, neither technology is at present available in India; text-based alternatives or spoken prompts (TTY based telephone banking) are not used by any banks. It is therefore essential that if a customer is using the interactive voice response (“IVR”) system of a bank and speaking to a bank representative on the phone to get a transaction done that the communication be clear, precise and easy to follow — as anyone who has attempted phone banking in India would testify, that is certainly not the case.</p>
<p style="text-align: justify; ">Let us take a look at some specific disabilities and what banks can do to ensure accessibility to their customers:</p>
<h3 style="text-align: justify; ">Problems faced by the hearing impaired while banking</h3>
<p style="text-align: justify; "><b> </b>When a person who cannot hear goes to a bank, the first problem they face is the fact that unless they are proficient at lip reading, they will find it difficult to communicate with the bank officials or tellers even when undertaking simple tasks like withdrawing money or depositing cheques. An important point to remember is that most hearing impaired people are more familiar with sign language than with English, and so can get confused by the complicated language used by the banks in their brochures and information booklets. If a deaf customer is communicating with the bank official by writing out instructions, it could take a longer time than other customers and they might face problems with other customers.</p>
<p style="text-align: justify; ">Another problem that might occur is that error messages or other audio cues might not be picked up by customers who are using multimedia based banking services or ATM machines.<a href="#fn29" name="fr29">[29]</a> This problem is exacerbated when using customer care services for banks, which are usually available only on the phone. With a lack of technological options for the hearing impaired, they are unable to access the IVR systems, or interact with customer care executives, which make it difficult for them to avail of all banking service facilities.</p>
<p style="text-align: justify; ">What can banks do?</p>
<ul>
<li>Training: Ensure that the bank staff is sensitised to the needs of the disabled and deaf customers, and know of a sign language translator who can be called if a customer requires it.</li>
<li style="text-align: justify; ">Ease of understanding: Make the instructions — both in the physical banks as well as in ATMs and websites — simple and precise, so they are easily understood. This will help all customers, not just those with disabilities.</li>
<li style="text-align: justify; ">Technical solutions: One solution available in some countries is using a phone-to-text machine or software that enables hearing impaired customers to use the phone banking and customer care services of a bank. For example, the Royal Bank of Scotland users can use a Typetalk or BT Textdirect service which will enable them to speak to an operator and so convey their messages.<a href="#fn30" name="fr30">[30]</a> If a bank feels that sufficient customers will benefit from such a technology, it should invest in it.</li>
<li style="text-align: justify; ">Sign language interpretation: A more low-tech solution is to offer interpretative services, where customers who need it can be assisted by someone who is proficient in sign language to help relay their point across to the bank.</li>
</ul>
<h3 style="text-align: justify; ">Problems faced by the visually impaired while banking</h3>
<p style="text-align: justify; ">Visually impaired customers can find it difficult to navigate and even reach their banks, if the path is not clear and if the building is not provided with enough ramps and clear entrances. Even understanding the terms and conditions of banks and their services are difficult to comprehend, because the language used to describe services and procedures is confusing and complicated. Often, a booklet with the terms and conditions is simply handed over with no concern for how the person is supposed to read them. Visually impaired people might also face problems in distinguishing details on cheques and other financial instruments which, unlike currency, do not have physically distinguishable marks on them.</p>
<p style="text-align: justify; ">Visually impaired customers often face a lot of problems while using ATMs, because the keys are not marked with recognisable lettering in Braille. Even when there is a token raised symbol on the middle key or Braille markings on the keypad for tactile recognition, there is still the problem that what is being displayed on the touchscreen, as well as the instructions on how to proceed with a transaction, are not capable of being communicated. Most ATMs in India are not equipped with an audio jack, and so can’t be used by blind customers who want to connect headphones and hear the display on the screen.</p>
<p style="text-align: justify; ">There is also the problem of signature mismatches, especially when it comes to opening accounts and signing cheques. Currently the bank’s solution is to not have the person with disability/ies sign the cheque, which is not a solution that works consistently, especially when a person with disabilities is running a company. There should be a separate process in place to facilitate issuance of cheques by the visually impaired.<a href="#fn31" name="fr31">[31]</a></p>
<p style="text-align: justify; ">The first and most obvious problem with the visually impaired using net banking and other services on the internet is that they won’t be able to see the screen. Similarly, when they attempt to use the ATM machines, the screen cannot be read and the keyboard functions are often unclear. The problem is often accentuated for people with low vision, because the improper lighting, low contrast print and other glares make it difficult to make out what the screen says.<a href="#fn32" name="fr32">[32]</a> Some sites have a security requirement where users have to input CAPTCHA (Completely Automated Public Turing test to tell Computers and Humans Apart) codes in order to validate their payment or to register for a particular service; using such security codes can be particularly problematic for blind customers.<a href="#fn33" name="fr33">[33]</a> Banks websites might have pop ups or automatic music playing, which makes it difficult for the visually impaired to use their screen readers. Another problem arises in the mobile applications (“apps”) that are used by various banks; the format is not supported by screen readers on smartphones, and so customers with disabilities can’t use the facility made available to others.</p>
<p style="text-align: justify; ">What can banks do?</p>
<ul>
<li style="text-align: justify; ">Training: Sensitise the staff to the needs of blind customers, and ensure that there is a customer care executive who is present when a visually impaired customer needs assistance with a particular service.</li>
<li style="text-align: justify; ">Accessible formats: Printing out bank documents or statements in large size fonts, Braille or in audio script format if required is the first thing that banks can do to assist their visually impaired customers. Banks can also try to migrate towards accessible e-text or DAISY formats for their disabled customers.</li>
<li style="text-align: justify; ">Banking Guide: Coming out with a bank note guide to help identify the different bank notes and counterfeits, if any, is also important for visually impaired people who rely on their sense of touch. Similarly, an accessible format guide that takes you through the various steps that are involved in withdrawing cash or using an ATM would greatly assist blind customers who are using a new format or type of bank machine for the first time. At the same time, increasing the screen size and resolution of ATM screens would go a long way in improving access to the customers.</li>
<li style="text-align: justify; ">Templates: Banks can also be encouraged to come out with cheque book templates, so that blind users can familiarise themselves with using such bank documents and the process of writing cheques becomes easier for them.<a href="#fn34" name="fr34">[34] </a>Banks should also develop a better solution to the problem of visually impaired customer’s inability to sign cheques.</li>
<li style="text-align: justify; ">Open format statements: Banks should also ensure that when they provide customers with statements, they are made available in open formats, such as HTML or RTF, so that they can easily be read by screen readers. </li>
<li style="text-align: justify; ">Technical solutions: There are some alternatives to the CAPTCHA codes available, such as audio codes or maths questions. Some sites have the option of hearing the codes, instead of just seeing them. There are also human aided accessible CAPTCHA services (such as Solona), where the customer can send a screenshot of the screen to an aide. However, this has several security and privacy implications, and so is not an ideal solution. Multimedia on the websites of banks should be made optional, with a clear possibility of turning the music or animation off, so that users can use the screen reader without any problems. </li>
<li style="text-align: justify; ">Mobile apps: Banks should work with their technology partners to ensure that their mobile apps are accessible on all devices and can be used by customers using assistive technology. </li>
<li style="text-align: justify; ">Improved ATMs: Several banks around the world are switching to ATMs which give output in multiple formats, such as audio and large-font print,<a href="#fn35" name="fr35">[35]</a> making them more user friendly. There are several guidelines in effect in various jurisdictions which describe better design for ATMs, which takes into account the physical needs of disabled customers; newer ATMs which are set up should be asked to conform to such standards. While this is slowly starting to take place, more banks need to expand and improve their building structures keeping such guidelines and needs in mind. This has been discussed in the next section on ATM Guidelines. </li>
<li style="text-align: justify; ">Sensitisation: Special care should be taken to explain terms and conditions to visually impaired persons — there should be an effort to ensure that the person who is opening an account has understood the various terms and conditions and not just heard them.</li>
</ul>
<h3 style="text-align: justify; ">Problems faced by those with physical disabilities while banking</h3>
<p style="text-align: justify; "><b> </b>In India, a major problem is the physical accessibility of banks, with hardly any buildings being equipped with ramps and elevators; even if the bank itself is made accessible via these architectural modifications, the area surrounding the bank, for example, the market place, might be difficult to reach for people in wheelchairs, ultimately making it very difficult for them to use banks.</p>
<p style="text-align: justify; ">People with physical disabilities might find controlling their limbs for prolonged periods to be a problem, and so would find it difficult to use not just the physical banking services, but also internet services which necessitate controlling a mouse for a long period of time.</p>
<p style="text-align: justify; ">What can banks do?</p>
<ul>
<li style="text-align: justify; ">Build ramps: The most important step that needs to be taken by different banking institutions is ensuring that their ATMs and branches are accessible through a ramp, so that it is physically possible to reach from the road or other public area.</li>
<li style="text-align: justify; ">Elevators: Where possible, elevators should also be provided.</li>
<li style="text-align: justify; ">Special measures: Within the bank, there should be special provisions for people in wheelchairs or crutches, such as a designated queue and teller, so that they do not have to wait in queue for a long period of time.</li>
</ul>
<h3 style="text-align: justify; ">Problems faced by those with cognitive disabilities while banking</h3>
<p style="text-align: justify; "><b> </b>People with cognitive disabilities might have lower attention spans and might have problems with understanding complicated bank procedures and requirements. If the steps involved in using an ATM or other physical transactions are not logical and simple, people with cognitive disabilities will be unable to handle them. As a lot of Indian banks are rather chaotic and the transactions lack a certain consistency, people with cognitive disabilities could face a lot of problems adjusting. People who have cognitive disabilities might also be relying on their guardians or parents to assist in operating their bank accounts, and legal and bureaucratic hurdles to doing so can be a big hassle.</p>
<p style="text-align: justify; ">The front staff at banks are often improperly trained and do not have a holistic understanding of how to deal with people with disabilities. It has also been observed that while banks can be helpful while opening accounts, they are not open-minded about granting loans to people with disabilities.<a href="#fn36" name="fr36">[36]</a></p>
<p style="text-align: justify; ">Customers who are autistic have hand function issues which can cause their signatures not to match the ones on record, which again causes problems when it comes to opening accounts or signing cheques which ultimately bounce.</p>
<p style="text-align: justify; ">What can banks do?</p>
<ul>
<li style="text-align: justify; ">Sensitisation: Sensitise the staff to the special needs of customers with cognitive disabilities.</li>
<li style="text-align: justify; ">Display of information: Information for guardians of such customers, on the requirements for opening bank accounts, should be prominently displayed in the branches of the bank (Refer to Section 4.3.4).</li>
<li style="text-align: justify; ">Uniformity in procedures: Banks should make uniform guidelines or procedures to be followed for each transaction, so that there is a certainty and regularity that eases the way for people with cognitive disabilities.</li>
<li style="text-align: justify; ">Clear language: Banks should also ensure that they use extremely simple and clear language in all their transactions as well as literature in order to mitigate confusion.<a href="#fn37" name="fr37">[37]</a> </li>
<li style="text-align: justify; ">Identity establishment: There need to be rules put in place to allow those who are unable to sign properly to establish identity in some other manner.</li>
</ul>
<h2 style="text-align: justify; ">Guidelines on Banking Services and Technology</h2>
<p style="text-align: justify; ">The previous section has looked at some of the problems being faced by people with disabilities when they access banking services in India. This section will look at some guidelines and best practices which are aimed at increasing the accessibility of services.</p>
<h3 style="text-align: justify; ">Mobile banking</h3>
<p>There is the possibility of accessing a variety of financial services through mobile devices, which are termed as mobile banking or “m-banking”. This accessibility means that a lot of people with disabilities who live in rural areas, who have earlier not been able to access banks, can now do so using their mobile phones. Mobile banking also makes it much easier for customers with bank accounts to access their details and do transactions — for people with disabilities, this is a big step forward, as it means they do not have to endure the hassle and inconvenience of going to a bank, where they may not find the assistance that they need.</p>
<p>Currently, mobile banking is not that prevalent in India; less than one per cent of current bank customers are covered under the mobile banking services.<a href="#fn38" name="fr38">[38]</a></p>
<p style="text-align: justify; ">However, the growth in mobile banking transactions has shown an increasing trend. For example, in the month of June 2012, 3.43 million transactions amounting to Rs. 3067.10 million were processed, as compared to 1.41 million transactions amounting to Rs. 984.66 million processed in June 2011 — an increase of about 143 per cent in volume and approximately 211 per cent in value terms.<a href="#fn39" name="fr39">[39]</a></p>
<p style="text-align: justify; ">The Reserve Bank of India has passed some operating guidelines for mobile banking transactions.<a href="#fn40" name="fr40">[40]</a> These guidelines specify the technology and security standards, as well as the requirements for interoperability between operators, transaction limits and procedure for grievance redressal. They also tackle customer protection issues.</p>
<p style="text-align: justify; ">Banks should leverage the flexibility and utility of mobile banking in increasing access to their customers who have disabilities, as it would mean lesser expenses for both the banks as well as the customers.</p>
<h3 style="text-align: justify; ">Internet banking</h3>
<p style="text-align: justify; ">Internet banking is increasingly popular with customers, due to its convenience and ease of use; it removes the necessity of physically going to a bank. Since physical banks are often difficult for people with disabilities to navigate, internet banking could provide the best solution (though there are several problems with this medium as well, as have been described in the previous chapter). However, banks can make their websites more accessible and follow the prescribed guidelines to ensure a better banking experience not just for their disabled customers, but for all customers.</p>
<p style="text-align: justify; ">The biggest obstacle that comes with developing net banking options which are accessible to all is the wide diversity in the people who are trying to access the banks’ websites, and it is here that universal design comes into play. “The goal of universal design is to have each web page accessible by all people, instead of providing separate web pages for people with disabilities. This requires, for example, for people who are blind, textual equivalents for all images, and reading order and structure compatible with screen reading; for people who are deaf, visual equivalents such as captions for all audio information; and for people with motor disabilities, means to navigate the page without fine motor control.”<a href="#fn41" name="fr41">[41]</a></p>
<p style="text-align: justify; ">There are a set of standards in place for website accessibility. The Web Content Accessibility Guidelines (“WCAG”) 2.0 specify the manner in which the material on any website is to be perceivable, operable, understandable and robust.<a href="#fn42" name="fr42">[42]</a> Under these four stated principles of web content accessibility, twelve guidelines have been given, which give the web content developers a framework and set of objectives to understand the needs of the disabled. There are also levels of conformance that are defined for each guideline, and a list of sufficient and advisory techniques has also been given.<a href="#fn43" name="fr43">[43]</a></p>
<p style="text-align: justify; ">The WCAG 2.0 Guidelines includes some basic steps, such as including text alternatives for all non-text objects, including descriptors or captioning for images, audio and animated sequences, and following a style sheet wherever possible, in order to maintain a consistent design. The guidelines deal with visibility and display (using contrasting colours for background and text; using relative sizing so that the text can be increased to upto 200 per cent), functionality (providing skip links such as “Back to Top”; ensuring that animation can be paused or switched off; ensuring keyboard as well as mouse functionality), and formatting (ensuring the text is not justified; setting the language attribute of each page; providing clear navigation mechanisms; ensuring that all mark up is validated and coded correctly), amongst others.<a href="#fn44" name="fr44">[44]</a></p>
<p style="text-align: justify; ">The National Informatics Centre (NIC) has developed some guidelines for government websites, which contain best practices for accessibility in website design; these guidelines were released in 2009, and are mandated for governmental websites. The guidelines are classified into three categories: mandatory, advisory and voluntary; a compliance matrix has been provided for various departments and organisations to assess their compliance with the guidelines.<a href="#fn45" name="fr45">[45]</a> It is crucial that banks comply with these guidelines to ensure that a certain basic minimum standard at web accessibility is met for the banking customers across all websites.</p>
<p style="text-align: justify; ">Another dimension which is unique to India is that of regional language; for banking customers who are not comfortable with English, it is recommended that bank websites be provided in major regional languages as well. The best way to display regional fonts is to use Unicode (UTF-8). Banks should ensure that Unicode is used to display the fonts, as otherwise the fonts can become garbled and a person using a screen reader will not be able to access the written material at all.</p>
<p style="text-align: justify; ">A critical guideline to be followed is that visual information should also be coupled with audio information, and that frequency and volume of the audible cues should be capable of being configured and controlled by the user.<a href="#fn46" name="fr46">[46]</a></p>
<h3 style="text-align: justify; ">Automated Teller Machines (ATMs)</h3>
<p style="text-align: justify; ">The number of ATMs and their penetration in India is very low: 63 ATMs and 497 points of sale per million population,<a href="#fn47" name="fr47">[47]</a> and a number of regulatory and commercial requirements have led to their relative low (though increasing) use in India. RBI has recently passed guidelines on operating White Label ATMs<a href="#fn48" name="fr48">[48] </a>which effectively open up most of the acquiring part of the process to non-bank independent players.<a href="#fn49" name="fr49">[49] </a>This should ensure that there is a greater increase in the number and penetration of ATMs in India, which will be beneficial for people with disabilities only if the ATM-makers ensure that minimum guidelines for the disabled are met with.</p>
<p style="text-align: justify; ">Currently there are no guidelines in India on how to construct ATMs in accordance with the needs of people with disabilities. However, banks can take guidelines from other jurisdictions as their guide and look at how other countries have handled the issue of making ATMs more accessible. It is hoped that this lacuna in the policy will be filled soon.</p>
<p style="text-align: justify; ">The American Department of Justice recently notified a final ruling on the standards of accessibility relating to ATMs under the Americans with Disability Act (“ADA”). Such standards range from requirements that signs be in Braille, a voice guidance system, and input controls for blind users.<a href="#fn50" name="fr50">[50]</a> These standards took effect in March 2011, and had a March 2012 compliance date. All ATM owners are to comply with these guidelines when constructing or altering ATMs.</p>
<p style="text-align: justify; ">Some salient features of these guidelines are:</p>
<ul>
<li style="text-align: justify; ">Height and reach: It is mandated that the ATM’s reach should be between 15 and 48 inches. Further, the graphic area where the touch commands are input needs to be lowered to the desired height. </li>
<li style="text-align: justify; ">The input device should be tactile, and so the surface of the keys should be different from the base and this should be apparent by touch. The keypad should also be arranged in a standard 12-key ascending or descending layout, as seen in telephones or computers. </li>
<li style="text-align: justify; ">ATMs must be equipped with both voice guidance systems as well as Braille language signage. This would mean adding a headphone jack to the machine, so the audio is heard only by the user and thus ensuring his privacy. </li>
<li style="text-align: justify; ">The display in the ATM needs to be clear; from an observation point 40 inches above the floor in front of the machine, the letters should appear in a sans serif font, with a minimum height of 3/16 inches, in a colour contrasting to the background. </li>
<li style="text-align: justify; ">There is also a requirement of equal services, which means that all services offered at any location through a bank’s ATM must also be provided by an “accessible” ATM in the same location. For this purpose, each installation is to be considered as a separate location.</li>
</ul>
<p style="text-align: justify; ">The Indian Banks’ Association (IBA) has issued a Standards document on Accessible ATMs for customers with disabilities, and has also released a work flow document to be followed by various banks. The IBA Standards documents states that:</p>
<blockquote class="quoted" style="text-align: justify; ">“The fundamental principle of an Accessible ATM for development, testing and implementation purposes is to ensure a machine which enable the user to complete all transactions successfully with a blank screen simply through voice guidance for totally blind users, permit independent use through clear screen data for low vision / partially sighted users and effective physical access for wheel chair users.”</blockquote>
<p style="text-align: justify; ">The document specifies different accessibility measures to be taken for each level of accessibility (for example: completely blind users and users with partial sight), with details about the size and measurement of various features that need to be incorporated. It also includes a workflow to be incorporated into the Speaking ATMs for the effective use by people with disabilities.</p>
<h3 style="text-align: justify; ">Currency</h3>
<p style="text-align: justify; ">For currency to be most effective as a means of payment, all users should have barrier-free access. The ability to conduct financial transactions using bank notes is crucial to independent living.<a href="#fn52" name="fr52">[52] </a>Yet this can pose significant challenges for individuals who are blind or partially sighted.</p>
<p style="text-align: justify; ">Physical currency (both notes and coins) are confusing and often cannot be distinguished from each other by merely feeling them. There is a great similarity between the hundred, five hundred and thousand rupee notes, as well as in the coins which are now completely confusing. Notes should also be discernible to the colour blind, which in their current form is not always possible. Various representations have been made to the Government of India on this regard and the change required is only a small one, though no changes have so far been forthcoming.</p>
<p style="text-align: justify; ">India can learn from the example of other countries which have experimented in the past with introducing currency which is friendlier to people with disabilities. Whether it is the printing of differently coloured notes, or the development of “raised-texture tactile features,”<a href="#fn53" name="fr53">[53]</a> there are several alterations that can be made to the currency. In India, the bank notes come with raised texture shapes to help the visually impaired to identify the different notes, and also come in different colours, though further improvements can be made. This problem is exacerbated in the coins — earlier, there was a differentiation in shape between them, but the newly minted coins of denominations Rs. 1, Rs. 2 and Rs. 5 are all very similar, and differentiating between them is a big problem.</p>
<p style="text-align: justify; ">In countries such as Canada, development of bank notes is based on a “continuous process that relies on scientific and empirical research, together with direct feedback from bank note user groups and experts. The bank consults Canadians living with blindness and low vision, as well as their representative organizations and vision experts, to identify the needs of this community and to explore potential solutions.”<a href="#fn54" name="fr54">[54] </a>It is this sort of consultative process that needs to be incorporated in India as well.</p>
<h3 style="text-align: justify; ">Telephone Banking</h3>
<p style="text-align: justify; ">Telephone banking is in its nascence in India and not all banks provide it. Furthermore, there are no guidelines in place to govern how telephone banking would take place. For people with disabilities, telephone banking could be very useful, if the proper tools are made available to them. Banks can look at the draft guidelines of other countries (refer to section 8 of the Report) which have provisions for phone banking to see what kind of procedure they should follow.</p>
<h2 style="text-align: justify; ">Converting to Accessibility in India</h2>
<p style="text-align: justify; ">Making banking accessible is not just in the commercial interest of the bank but is also in line with its commitments under various legislation and international conventions. In India, this has even been acknowledged by the RBI, which has issued a notification<a href="#fn55" name="fr55">[55]</a> suggesting that at least one-third of the new ATMs of all banks must be accessible.<a href="#fn56" name="fr56">[56]</a> Dinesh Kaushal has studied<a href="#fn57" name="fr57">[57]</a> some examples, such as the Punjab National Bank, which has set up some talking ATMs in Jaipur, or the State Bank of India which in 2010 announced plans of installing 7000 talking ATMs, but there is no news on the status of this goal. Currently the bare minimum target set by RBI is also not being met.</p>
<p style="text-align: justify; ">Subsequent to the RBI notifications, some positive developments have started taking place. The Union Bank of India has indicated that it will deploy over 100 Voice Guided ATMs — which not only allows access to visually impaired people but also people with physical disabilities through ramps for wheel chair access.<a href="#fn58" name="fr58">[58]</a></p>
<p style="text-align: justify; ">Half of these ATMs are to be put up in the banks, and the other half in passport offices. The ‘Talking ATM’ is designed as per Access for All (AFA) standards and comprise of accessible key pads, voice-guidance technology, Braille stickers and multi-lingual capability. When a visually challenged person attaches his headphone set to this ATM, he can hear the instruction which enables him to fill-in the required data using the numeric keypad. Apart from reading aloud screen messages, the machine provides complete orientation making it easy for the customer to use the machine. An important security feature of this ATM is that it provides the person an option to blank out the screen as a safety mechanism to avoid shoulder surfing by any bystander trying to access customer data during the transaction.<a href="#fn59" name="fr59">[59]</a> The bank recently completed setting up the 100th such ATM in the building of the National Association for the Blind.</p>
<p style="text-align: justify; ">The NCR Corporation India, which has a 47.5 per cent share in the country’s ATM business, has stated that it will install 50 ‘talking’ ATMs in various passport offices.<a href="#fn60" name="fr60">[60] </a>The company set up India’s first talking ATM in Ahmedabad for the visually impaired under the Union Bank of India initiative described above. Importantly, the managing director of the ATM company stated that while the hardware of the ATMs remains the same, the software customisations depend on the specific needs. Banks do not need to change their entire fleet of ATMs for installation of new solutions.<a href="#fn61" name="fr61">[61] </a></p>
<p style="text-align: justify; ">One concern that arises when we consider questions of accessibility is: what would be the cost of altering the present technology and infrastructure? If the cost of making banking accessible is too prohibitive, it would not be in the interests of the banks to do so.</p>
<p style="text-align: justify; ">“A talking ATM is the regular ATM with an additional module that allows a blind person to get the information in audio format. A talking ATM could be configured so that when a user plugs in a headphone in the audio jack, the ATM would start talking to the person with audio messages…Installing talking ATM technology is not very expensive. It might range anywhere between Rs. 25,000 and Rs. 50,000.”<a href="#fn62" name="fr62">[62] </a></p>
<p style="text-align: justify; ">There needs to be an evaluation of the present ATMs to see if merely upgrading the software would suffice in converting them to speaking ATMs — if this is the case, it can be done so with the help of the manufacturer at a low cost. The evaluation would also help the banks identify those machines which can be upgraded by the addition of some simple technology and hardware, while the others could be marked for eventual replacement. At the same time, the new machines that are set up by the banks should be audio-enabled; this should not be difficult as “all new ATM installations are audio enabled, as all major ATM manufacturers now produce talking ATMs including Triton, NCR, Wincor-Nixdorf, Diebold, and Fujitsu.”<a href="#fn63" name="fr63">[63] </a></p>
<p style="text-align: justify; ">Under the Americans with Disability Act, the determination of when an undue burden is placed on an establishment which has to make its services accessible is to be determined on a case by case basis, and would be considered keeping in mind factors such as the nature and cost of the upgrades, the availability of alternatives and the resources present with the financial institution in question.<a href="#fn64" name="fr64">[64] </a>Such a system should be incorporated in India as well, where the ability of the bank is considered when seeing the efforts it needs to make when converting its services to make them more accessible.</p>
<p style="text-align: justify; ">Union Bank of India’s Accessible and Talking ATM has brought in many initiatives for the first time, like the use of bilingual Indian accent text-to-speech (TTS) voices in English and Hindi, accessible infrastructure for the physically disabled and complete voice guidance support for ATM operation.<a href="#fn65" name="fr65">[65]</a> These should set the benchmark for other banks who want to improve the accessibility of their services as per the guidelines set forth by RBI.</p>
<h2 style="text-align: justify; ">Case studies and Guidelines in Other Countries</h2>
<p style="text-align: justify; ">Looking at the guidelines that are present in other countries can be helpful in determining how banks in India should go about improving their services. The following countries have specific provisions in place which regulate or instruct how banks should handle their disabled customers.</p>
<h3 style="text-align: justify; ">New Zealand</h3>
<p style="text-align: justify; ">The New Zealand Banker’s Association published a set of Voluntary Guidelines to meet the needs of older and disabled customers, which aim to improve access to banking services for such customers.<a href="#fn66" name="fr66">[66]</a> The guidelines recognise the increasing importance of older and disabled customers to banks as well as the importance of meeting their needs and demands. The guidelines direct the member banks to give training to the staff in order to better help the disabled customers, as well as to have specific procedures in place in case financial irregularities or abuse occur in bank accounts of people with disabilities. There are directions on improving physical accessibility (such as providing for low tables, ramps in ATMs, queuing aisles wide enough for wheelchairs and so on), as well as giving specific customer care help to those who need it, such as consulting the needs of the disabled when developing new services, having a provision for a reduction in fee if some customers are unable to use certain features, and having a provision for personal banking in special cases at no additional cost.</p>
<p style="text-align: justify; ">There are also specific provisions in the Guidelines for things such as ATM construction. Section 5.9 of the Guidelines specifies the factors to be kept in mind while designing ATMs: large screens, audible output, tactile differentiation in the keys, easy prompts in clear language and so on.<a href="#fn67" name="fr67">[67] </a>Section 5.10 talks about improving the accessibility of online banking and how bank websites should be designed, and recommends the use of international W3C web accessibility best practice standard, the accessibility-related New Zealand e-government web standards.<a href="#fn68" name="fr68">[68]</a> Finally, the Guidelines also talk about basics, such as clear and large font prints in their literature, and providing information in several formats (including Braille, DVD, and audio) wherever possible, to facilitate bank use by people with disabilities.<a href="#fn69" name="fr69">[69]</a></p>
<h3 style="text-align: justify; ">Australia</h3>
<p style="text-align: justify; ">The Disability Discrimination Act, 1992 (“DDA”) makes it unlawful to discriminate against a person on the grounds of a disability.<a href="#fn70" name="fr70">[70]</a> The objects of the DDA include eliminating, as far as possible, discrimination against people with disabilities and promoting recognition and acceptance within the community that people with disabilities have the same fundamental rights as the rest of the community. The law is administered by the Human Rights and Equal Opportunity Commission and sets out specific areas in which it is unlawful to discriminate. These areas include accommodation, employment, access to premises, and the provision of goods, services<a href="#fn71" name="fr71">[71]</a> and facilities. The HREOC administers the legislation, which includes complaints handling, public inquiries, policy development and education and training. The Commission has supported the development of several voluntary guidelines that determine accessibility in the sphere of banking.</p>
<p style="text-align: justify; ">The Australian Bankers’ Association (“ABA”) has worked with the community to produce voluntary Industry Standards in 2002 which aim to improve the accessibility of electronic banking. These standards cover a range of areas: ATMs, Electronic Funds Transfer at the Point of Sale, Automated Phone Banking and Internet banking.<a href="#fn72" name="fr72">[72]</a></p>
<p style="text-align: justify; ">The voluntary standards for ATMs<a href="#fn73" name="fr73">[73]</a> cover a broad range of topics, including their access and location, their operation, the method of swiping and removing the cards, the display, the keypad, the output, security and privacy for the users, and finally, installation and operating instructions. There is a checklist provided with the recommended detailed standards for each of the above areas.</p>
<p style="text-align: justify; ">Electronic Funds Transfer at Point of Sale<a href="#fn74" name="fr74">[74]</a> occurs when funds are directly transferred from a cardholder's bank account to the retailer, when the cardholder's magnetic stripe card is swiped in an EFTPOS terminal. Cardholder authentication occurs by signature or Personal Identification Number (PIN). These standards cover areas such as access and location of the EFTPOS terminals, process of swiping, inserting or removing the card, operating instructions, display, keypad and output options, amongst others. A helpful checklist has been provided for EFTPOS deployers to assess whether their machines are disabled-friendly.</p>
<p style="text-align: justify; ">The guidelines on phone banking<a href="#fn75" name="fr75">[75]</a></p>
<p style="text-align: justify; ">deal with financial services which are available to the customer via the telephone, that can be used by the customer without having to converse with an employee of the financial institution. The guidelines look at certain design principles, best practices for input and navigation, output, documentation, the role of TTY Communications and Relay Operators, and dealing with timeouts and errors. Like with the other standards, a checklist with the best practices as per the guidelines has been provided.</p>
<p style="text-align: justify; ">The standards on internet banking<a href="#fn76" name="fr76">[76]</a></p>
<p style="text-align: justify; ">looks at various aspects of financial transactions taking place on the internet, and prescribe guidelines for design and implementation (for example: compliance with the WCAG1.0 standards), feedback and testing of accessibility, compatibility, enhanced usability (in areas such as navigation, registration, login, information redundancy and so on), consistency and user support. A specification checklist is also provided, so that owners can comfortably see whether their site is compliant with the guidelines or not.</p>
<p style="text-align: justify; ">There is an action plan for the above four set of guidelines, to check their implementation and to identify problems and barriers that may arise in the future.<a href="#fn77" name="fr77">[77]</a> Though these guidelines are voluntary, it is worthwhile to consider the example of such a detailed action plan, as implementation of any sort of guidelines will only become more efficient if something like this is followed.</p>
<p style="text-align: justify; ">The Australian Banker’s Association has also come up with a set of Guiding Principles for Accessible Authentication, which recognizes that “accessibility issues need to be considered in the deployment of authentication technologies, to ensure that people with disabilities and older people are not disadvantaged… The purpose of the Guiding Principles is to provide a framework for financial institutions to help reach a workable balance between security requirements, commercial strategies and equitable access to banking products and services.”<a href="#fn78" name="fr78">[78]</a> The Principles aim to follow certain universal design principles, of equitable and flexible use, minimal effort, simple and intuitive design, amongst others. They are as follows:<a href="#fn79" name="fr79">[79]</a></p>
<ul style="text-align: justify; ">
<li style="text-align: justify; "><span>Accessibility of authentication technologies:</span> Financial institutions should ensure that authentication technologies are accessible to all customers, or where this is not possible, a human-based alternative authentication system needs to provide equivalent amenity and convenience.</li>
<li style="text-align: justify; "><span>Customer convenience:</span> All customers should be able to undertake their personal and business financial activities conveniently and safely.</li>
<li style="text-align: justify; "><span>Authentication planning:</span> Financial institutions should consider the accessibility needs of customers with disabilities and older customers as part of authentication technology planning.</li>
<li style="text-align: justify; "><span>Authentication testing</span>: Financial institutions should consult customers with disabilities and older customers as part of planning and testing accessibility of authentication technologies.</li>
<li style="text-align: justify; "><span>Registration, login and transaction procedures</span>: Financial institutions should ensure that registration; login and transaction procedures are as accessible as possible to all customers.</li>
<li style="text-align: justify; "><span>Messages and error recovery</span>: Financial institutions should ensure that online messages are unambiguous and written in “plain English” and that error recovery processes are efficient and accessible. </li>
<li style="text-align: justify; "><span>Staff and customer training</span>: Financial institutions should provide relevant customer support staff with appropriate disability awareness training so they are aware of the needs of customers with disabilities and older customers. In addition, financial institutions should provide customers with information and training in the use of available authentication technologies.</li>
<li style="text-align: justify; "><span>Raising staff, business and customer awareness:</span> Financial institutions should develop a strategy for enabling relevant management and staff awareness of these Guiding Principles. In addition, financial institutions should promote the availability of alternative accessible authentication technologies with their customers. </li>
<li style="text-align: justify; "><span>Confidentiality of customer information</span>: Financial institutions must ensure the confidentiality of information of customers with disabilities and older customers.</li>
</ul>
<h3>United States of America</h3>
<p style="text-align: justify; ">The 2010 Standards under the ADA have set out detailed requirements to make ATMs accessible, as was discussed in the previous section of the paper. These elements are considered by the Department of Justice to be Auxiliary Aids and Services (and not structural elements) and the safe harbour provision does not apply to them.<a href="#fn80" name="fr80">[80]</a></p>
<p style="text-align: justify; ">Though American ATMs have been equipped with text to speech functions and have been subject to height and space requirements for many years, the new rules provide for additional security and instructional features for disabled customers.<a href="#fn81" name="fr81">[81]</a></p>
<p style="text-align: justify; ">All the ATMs which come under the scope of the ruling will have to be speech enabled; further, there are specifications as to the height requirement (the machine should be between 15 and 48 inches in height). There is a requirement that the input area be not just touchscreen, and it should be tactilely discernible from the surrounding surface; the keypad should be arranged in a manner that is common and easy to remember. Instructions about the use of the ATMs should be given in Braille and equal services should be offered to all customers, irrespective of their disabilities.</p>
<p style="text-align: justify; ">Subsequent to the passing of the ruling, the American Bankers’ Association recommended that banks be aware of the legal requirements under the Americans with Disabilities Act; ABA advocated that banks make a careful audit of their existing machines, and compare them to the standards to which they need to conform. In case the machines need to be upgraded, the machine manufacturers would have to be contacted in order to make alterations, if necessary.</p>
<h3 style="text-align: justify; ">Canada</h3>
<p style="text-align: justify; ">Canada has issued standards for “self-service interactive devices”,<a href="#fn82" name="fr82">[82] </a>the umbrella term under which ATMs would fall, the purpose of which is to specify minimum accessibility and usability requirements for self-service interactive devices intended for public use. The standard specifies accessibility requirements for automated banking machines (ABMs) — both stand-alone and wall mounted — and ABM sites. There are specifications which give the various minimum dimensions that must be conformed to when constructing such self-service interactive devices. However, the standards do not look at the technological aspect, specifically excluding it from their purview and giving that responsibility to the relevant authority.<a href="#fn83" name="fr83">[83]</a> It is interesting to note that the steering committee that ultimately led to the adoption of the standards was pulled together by the Canadian Banker’s Association, and the committee included representatives from the major Canadian banks.<a href="#fn84" name="fr84">[84]</a> The committee recommended that there be a mandatory requirement for audible instructions and the provision for attaching headphones to an automated banking machine; it would be the duty of the financial institution to provide the headsets to the disabled customers, along with a list of machines where they could be used. The committee also looked into the issue of the cost of making the machines and other areas more accessible, and though they were waiting for more conclusive research, they were hesitant about the prohibitive cost of major redesigns.<a href="#fn85" name="fr85">[85]</a></p>
<h3 style="text-align: justify; ">Netherlands</h3>
<p style="text-align: justify; ">In 2007, the Dutch National Forum on the Payment System produced a document in English on "Guidelines for user-friendly payment terminals". These guidelines include advice on making payment terminals accessible and easy to use for people with disabilities and older people.<a href="#fn86" name="fr86">[86]</a> The guidelines describe certain standardised elements of the PIN payment procedure, the user interface and advocates practical values for the same.<a href="#fn87" name="fr87">[87]</a> The document then goes on to specify important design principles which must be kept in mind while considering the accessibility of payment gateways and banks; the guideline is designed in such a way that if the design principles are to be kept in mind, the subsequent ergonomic principles which have been described will be easy to meet.<a href="#fn88" name="fr88">[88]</a></p>
<h2 style="text-align: justify; ">Suggestions and Recommendations</h2>
<p>The report illustrates that though banks are mandated to ensure that there is accessibility in banking services in India, there is still a lot that needs to be done. There are several measures that can be taken up by banks, which will not be costly and which will be especially rewarding for customers with disabilities:</p>
<ul>
<li style="text-align: justify; ">Compliance with RBI Guidelines: Banks should ensure a basic minimum compliance with the guidelines set forth by RBI for increasing access to banking services as described in Section 4.3 of the Report. </li>
<li style="text-align: justify; ">Compliance with International norms: Banks also need to ensure a basic minimum compliance with international norms, such as the WCAG 2.0 standards for websites, so that people with disabilities can access the bank websites with ease.</li>
<li style="text-align: justify; ">Physical Accessibility: Banks need to ensure that as far as possible, there is at least physical accessibility to their branches — which would include building ramps, having wider lifts, and so on. Branches should, even if they cannot be located on the ground floor, at least make reasonable accommodations for the disabled, such as having a person who can assist them up to the branch or come down to meet them. Branches should be organised in an easily navigable manner and there should always be a plan for assistance in place — interpreters, special staff to assist with filling out of forms, physical assistance, and easily available information in the form of maps, diagrams, bold text explanations, etc. Banks should also focus more on creating avenues for disabled customers to use their services. This would include building usable and user-friendly voice systems, which is currently needed.<a href="#fn89" name="fr89">[89]</a> </li>
<li style="text-align: justify; ">Technical Solutions: Today there are many technological solutions to overcome some of the barriers faced by the visually challenged in the area of banking. Finger print identification technology<a href="#fn90" name="fr90">[90]</a> can be effectively explored to allow the use of thumb impressions while operating bank accounts.<a href="#fn91" name="fr91">[91]</a> For example, the XRCVC is in the process of developing a 'thumb print recognition software named as "e-Signs" with the help of CMC Ltd. (a TATA Enterprise) which can be applied across the banking system in partnership with the RBI to process cheques.<a href="#fn92" name="fr92">[92]</a> Most manufacturers now have accessible ATM models and banks must ensure that new ATMs have these models installed, and that old ATMs are retrofitted to become accessible. Banks should also work with their technology departments to ensure that their mobile apps are accessible on screen reader and other assistive technology software.</li>
</ul>
<ul>
<li style="text-align: justify; ">Promote the growth of banking services for people with disabilities: State and national governments should encourage opening of bank accounts by the disabled so that any funds or scholarships can be directly transferred into their account as opposed to being given to organisations which may not transfer it to the beneficiaries — this would help curb malpractices. Information on how people with disabilities can open an account — whether joint or single — and the formalities they need to fulfil should be made easily and readily available. This will encourage more people to open accounts for/with the disabled.</li>
<li style="text-align: justify; ">Adopt accessible formats for disabled customers: Banks should publish instruction manuals for ATMs as well as banking procedures in accessible formats such as Braille and DAISY. The banks can then take help of various volunteer organisations in producing and distributing the books to the relevant segments of the population. Such materials should also be made available for download, free of cost, on the bank’s website.</li>
<li style="text-align: justify; ">Training and sensitisation: Banks should not simply train and sensitise their employees and increase awareness of the various kinds of disability and the services to be provided to the disabled, but actively solicit those with special needs and make it clear that they "understand their needs" and welcome their business. Banks need to consider whether it makes sense to have separate or specially prepared paperwork for the disabled to fill out if the regular forms are difficult to read or understand.</li>
<li style="text-align: justify; ">Preferential Treatment: The Ministry of Finance should push for preferential treatment of all persons with disabilities along the same lines as the special rates of interest provided to the elderly. Public sector banks like the State Bank of India have a massive network and such visible and actively advertised preferential treatment will spread awareness not only at the bank level but in society as well. This will really encourage family members of the disabled to help them set up bank accounts and will foster independence.</li>
<li style="text-align: justify; ">“Know Your Customer” (KYC) procedures undertaken by banks should be clarified and made simpler — a one-time verification should take place rather than repeated calls, visits, questions, clarifications and summons to the office or branch.</li>
<li style="text-align: justify; ">Bank managers and staff should be proactive and watchful enough to monitor and check for abuse of power by those who are 'assisting' or administering the property and money of the disabled, who are even more susceptible to fraud than the average account holder, and therefore should be provided with stronger anti-fraud/theft services, such as more frequent SMS or email alerts for transactions.</li>
</ul>
<p style="text-align: justify; ">The most important aspect<a href="#fn93" name="fr93">[93] </a>that financial service providers need to understand is that accessibility— goes much beyond merely providing ramps and the financial service providers do not currently understand the variety of disabilities and the issues which are tied to each kind of disability. Consider ATMs — the way they are currently designed, the machines are too high for users who are in a wheelchair and the doors themselves are inaccessible to the orthopedically challenged; ATMs have neither voice support nor compatible software for the visually challenged. Thus, a basic and fundamental change in the way banks are catering to customers’ needs to take place.</p>
<p style="text-align: justify; ">Financial service providers should be more encouraging and should engage in outreach to make it easier and more attractive for those with less capability to open and operate accounts with their parents or guardians. Financial independence and control should be offered and facilitated to the maximum extent possible.</p>
<p style="text-align: justify; ">Accessibility should not be treated as a corporate social responsibility measure by the large banks and financial corporations, but as a responsibility to be fulfilled regardless of anything else. Further, public sector banks have the biggest responsibility to implement these measures — while they employ people with disabilities because they have a reservation <a href="#fn94" name="fr94">[94]</a> for them, their services are not accessible to their own employees! There needs to be an effort made to ensure that the internal banking software which is used is accessible for people with disabilities and can be accessed by them using the appropriate assistive technology like screen readers.</p>
<p style="text-align: justify; ">Financial service providers should tailor accessibility solutions to address each kind of disability and the range of problems faced by the persons affected by them; they should look at best practices from around the world and implement solutions on their own steam instead of minimum compliance with the government or RBI requirements. Ultimately, making financial services more accessible will only mean that their customer base will grow. Change needs to be top-down — rules and regulations first, then training, sensitisation, and then infrastructure. Schemes and offers should be put in place to attract the disabled as customers, assure them of good and competent service without discrimination, and incentives to invest or save (by offering special schemes such as those which currently exist for women and the elderly).</p>
<p style="text-align: justify; ">Building such systems would involve learning more about the customers and their particular situations and needs, and banks can take the help of various organisations that work with the disabled in order to get a better understanding of what they need to deliver. While there are some voluntary standards that can be used as a guide,<a href="#fn95" name="fr95">[95] </a>the most important aspect is to keep the basics in mind: simple and clear language, audible scripts, easy and non-confusing navigation and instructions and the ability to speak to someone in case of an error; these are all elements that will go a long way in ensuring that disabled customers are more equipped to use the financial services offered by a bank.</p>
<p style="text-align: justify; ">It would be helpful if there was a monitoring or evaluating mechanism to see how far banks are complying with the standards or guidelines that have been set forth before them. There needs to be a comparative study about how far, for example, the bank websites are compliant with the WCAG Guidelines on Web Accessibility or how easy it is for people with disabilities to access the bank counters and ATMs in different branches. Such a study would give good empirical evidence and serve as the starting point for improvement on the current scenario.<a href="#fn96" name="fr96">[96]</a></p>
<p style="text-align: justify; ">In the light of the above, some specific suggestions/ recommendations are made to the Department of Banking Operations in order to make banking more inclusive for persons with disabilities and senior citizens as under:</p>
<ol>
<li style="text-align: justify; ">The department may consider coming out with a policy/ Code requiring all banks to make their services accessible to persons with disabilities. The Policy/ Code may also identify good practices to be followed by banks with respect to areas such as websites, ATMs, mobile and phone banking services, website accessibility and customer care.</li>
<li style="text-align: justify; ">The Department may require RBI to stringently enforce its notification regarding accessibility of ATMs</li>
<li style="text-align: justify; ">The Department may ensure that accessibility be incorporated as a key strategy in all future policies and programmes planned by the Department and is also incorporated in any existing policy which is executed by the department.</li>
<li style="text-align: justify; ">The Department may involve persons with disabilities in executing its accessibility strategy and identify goals/ targets to be achieved over the next 5 years in terms of making banking services accessible in India. </li>
</ol>
<h2 style="text-align: justify; ">Bibliography</h2>
<ul>
<li style="text-align: justify; ">“Barriers to Using Automatic Teller Machines”, Tim Noonan, available at <a href="http://www.hreoc.gov.au/disability_rights/inquiries/ecom/atmpaper.htm">http://www.hreoc.gov.au/disability_rights/inquiries/ecom/atmpaper.htm</a>. </li>
<li style="text-align: justify; ">“Guidelines for Accessible and Usable Web Sites: Observing Users Who Work with Screen Readers”, Mary Theofranos and Janice Redish, available at <a href="http://redish.net/content/papers/interactions.html">http://redish.net/content/papers/interactions.html</a>.</li>
<li style="text-align: justify; ">“The Banking Experience: How to Make Financial Services Accessible for Blind and Partially Sighted People”, RNIB’s Handbook of Good Practices and Standards, at <a href="http://www.rnib.org.uk/aboutus/Research/reports/2012/Banking_Experience_CP.pdf">http://www.rnib.org.uk/aboutus/Research/reports/2012/Banking_Experience_CP.pdf</a>. </li>
<li style="text-align: justify; ">“Website Accessibility”, available at <a href="http://www.tiresias.org/research/guidelines/web.htm">http://www.tiresias.org/research/guidelines/web.htm</a>. </li>
<li style="text-align: justify; ">ABA Guiding Principles for Accessible Authentication, available at <a href="http://www.bankers.asn.au/ArticleDocuments/177/ABA-Guiding_Principles_for_Accessible_Authentication.doc.aspx">http://www.bankers.asn.au/ArticleDocuments/177/ABA-Guiding_Principles_for_Accessible_Authentication.doc.aspx</a></li>
<li style="text-align: justify; ">John Gill, “The Markets for the Adaptation of Self Service Terminals to be Accessible by People with Disabilities”, available at <a href="http://europa.eu/information_society/activities/einclusion/docs/worshop_atm/atm_markets_report.doc">http://europa.eu/information_society/activities/einclusion/docs/worshop_atm/atm_markets_report.doc</a></li>
<li style="text-align: justify; ">Carolyn Samuel, “Making Bank Notes Accessible for Canadians Living with Blindness or Low Vision”, available at <a href="http://www.bankofcanada.ca/wp-content/uploads/2011/08/samuel.pdf">http://www.bankofcanada.ca/wp-content/uploads/2011/08/samuel.pdf</a>. </li>
</ul>
<h2>Glossary of Terms</h2>
<ul>
<li>ABA - Australian Bankers’ Association</li>
<li>ABM - Automated Banking Machines</li>
<li>ADA - Americans with Disability Act</li>
<li>AFA - Access for All</li>
<li>BRA - Banking Regulation Act</li>
<li>BT - British Telecom</li>
<li>CAPTCHA - Completely Automated Public Turing test to tell Computers and Humans Apart</li>
<li>DDA - The Disability Discrimination Act (Australia)</li>
<li>EFTPOS - Electronic Funds Transfer at Point of Sale</li>
<li>HREOC - Human Rights and Equal Opportunity Commission</li>
<li>HTML - Hyper Text Markup Language</li>
<li>IBA - Indian Banks’ Association</li>
<li>IVR - Interactive Voice Response</li>
<li>NIC - National Informatics Centre</li>
<li>PIN - Personal Identification Number</li>
<li>PWD - People with Disabilities</li>
<li>PWDA - The People with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) <i>Act</i><i>,</i> 1995</li>
<li>RBI - Reserve Bank of India</li>
<li>RTF - Rich Text Format</li>
<li>TTS - Text to Speech</li>
<li>UNCRPD - United Nations Convention on Persons with Disabilities </li>
<li>WCAG - Web Content Accessibility Guidelines </li>
<li>XRCVC - Xavier’s Resource Centre for the Visually Challenged</li>
</ul>
<h2>Annexure 1 – Disability and Accommodations</h2>
<ul>
</ul>
<table class="vertical listing">
<tbody>
<tr style="text-align: center; ">
<th style="text-align: justify; ">Disability</th><th style="text-align: justify; ">Branch Banking</th><th style="text-align: justify; ">Phone Banking</th><th style="text-align: justify; ">Internet Banking</th><th style="text-align: justify; ">Payment Terminals and Kiosks</th><th style="text-align: justify; ">Mobile Banking<br /></th>
</tr>
<tr>
<td>Physical Disability</td>
<td style="text-align: justify; ">
<ul>
<li style="text-align: left; ">Bank branches are inaccessible to people using wheelchairs, as they are not provided with ramps, and often have steps at the entrance</li>
</ul>
<ul>
<li style="text-align: left; ">The queuing and counter system in place is not friendly for customers with disabilities; desks are not always at a height that can be accessed by someone in a wheelchair</li>
</ul>
<ul>
<li style="text-align: left; ">The staff is not sensitised to the needs of customers with physical disabilities</li>
</ul>
<b>Suggested Solution</b>:<br /><br />
<ul>
<li style="text-align: left; ">Conduct sensitisation and training programmes for the staff train them about the needs of customers with disabilities</li>
</ul>
<ul>
<li style="text-align: left; ">Construct ramps and walkways so that buildings are accessible by wheelchairs</li>
</ul>
<ul>
<li style="text-align: left; ">Ensure that the bank layout is accessible and as uniform as possible, ensuring ease of access for customers with disabilities</li>
</ul>
</td>
<td></td>
<td>
<ul>
<li style="text-align: left; ">Using websites which are not accessible could be a problem for a person who doesn’t have full use of their limbs</li>
</ul>
<b>Suggested Solution</b>:<br />
<ul>
<li style="text-align: left; ">Ensure websites are compatible with assistive technologies, such as alternate input devices. Standards such as the WCAG should be followed</li>
</ul>
<br /></td>
<td>
<ul>
<li style="text-align: left; ">ATM entrances are not accessible for people with wheelchairs as they are not provided with ramps</li>
</ul>
<ul>
<li>ATMs are often too high, and cannot be accessed by someone who is sitting in a wheelchair</li>
</ul>
<ul>
<li>Using keypads could be a problem for a person who doesn’t have full use of their limbs</li>
</ul>
<p align="left"><b>Suggested Solution:</b></p>
<ul>
<li>ATMs should be provided with ramps (with the appropriate slope) that can be accessed by customers in a wheelchair</li>
</ul>
<ul>
<li> ATMs should be at the appropriate height and should be designed keeping in mind the needs of people in wheelchairs</li>
</ul>
</td>
<td>
<ul>
<li>Using phone apps could be a problem for a person who doesn’t have full use of their limbs</li>
</ul>
<p><b>Suggested Solution</b>:</p>
<ul>
<li>Mobile apps should have a clean interface, which is not problematic to use and which can be controlled by voice commands</li>
</ul>
</td>
</tr>
<tr>
<td>Visual Disability</td>
<td>
<p align="left">Branches are not laid out in a uniform manner, and are difficult to navigate for someone who can’t see</p>
<ul>
<li>The signage is not done in raised texture maps, and so can’t be accessed by someone who can’t see</li>
</ul>
<ul>
<li>Coinage in India is not disabled-friendly, with the coin sizes being very similar to each other and difficult to demarcate</li>
</ul>
<ul>
<li>Bank literature is not available in large print or Braille formats and so can’t be read by people with low or no vision</li>
</ul>
<p align="left"><b>Suggested Solution:</b></p>
<ul>
<li>Conduct sensitisation and training programmes for the staff train them about the needs of customers with disabilities</li>
</ul>
<ul>
<li>Textured maps and signage should be made readily available at branch locations</li>
</ul>
<ul>
<li>The branch layout should be simplified so that someone with a visual disability is not at a disadvantage</li>
</ul>
<ul>
<li>In case the customer desires, bank literature, statements and other documents should be made available in alternate formats (eg: large print, Braille, PDF)</li>
</ul>
</td>
<td></td>
<td>
<ul>
<li>Websites are often not accessible using assistive technologies like screen readers, and are not navigable using non-traditional input devices</li>
</ul>
<p align="left"><b>Suggested Solution:</b></p>
<ul>
<li> Websites need to be made accessible and should comply with the Web Content Accessibility Guidelines (WCAG) which clearly specify how best to make the web interface usable for people with disabilities</li>
</ul>
</td>
<td>
<ul>
<li>There aren’t many speaking ATMs with audio jacks which can be used by people who can’t use the touchscreen</li>
</ul>
<ul>
<li>The number pad display is not uniform amongst various banks, and so can be problematic for people relying on tactile memory</li>
</ul>
<p align="left"><b>Suggested Solution:</b></p>
<ul>
<li> Banks should introduce more speaking ATMs, which have an audio jack that can be plugged into a listening device, which helps a customer with visual disability use an ATM</li>
</ul>
</td>
<td>
<ul>
<li>Mobile banking apps are not accessible using phone screen reading software</li>
</ul>
<br /><b>Suggested Solution:</b><br />
<ul>
<li>Phone apps need to be made accessible and should comply with the W3C Guidelines which specify how best to make the mobile interface usable for people with disabilities</li>
</ul>
<br /></td>
</tr>
<tr>
<td>Hearing Disability</td>
<td>
<ul>
<li>Branch officials have not been sensitised to the requirements of someone who is hearing impaired, who might require them to write down their statements</li>
</ul>
<ul>
<li>Sign language interpreters are not on call to help translate in case a person with disability needs them</li>
</ul>
<ul>
<li>Alert and announcements in banks are usually based on sound notifications, and so can often be missed by customers with hearing disabilities</li>
</ul>
<b>Suggested Solution:</b><br />
<ul>
<li>Conduct sensitisation and training programmes for the staff train them about the needs of customers with disabilities</li>
</ul>
<ul>
<li>Designated branches should have a sign language interpreter on call for assistance of customers with hearing disabilities</li>
</ul>
<ul>
<li>Notifications and announcements, such as at a teller, should be accompanied by a visual alert as well (eg: a blinking light, or a number flashing on a screen)</li>
</ul>
<br /></td>
<td>
<ul>
<li>There is great reliance on spoken directions and no option for a deaf customer to have a conversation about phone banking with their bank</li>
</ul>
<ul>
<li>No provision for options such as text relay that can be used by deaf customers to do banking transactions</li>
</ul>
<ul>
<li>The options on an automated VRS system at a bank’s call centre are often not clear and are incomprehensible</li>
</ul>
<p align="left"><b>Suggested Solution:</b></p>
<ul>
<li>Banks should attempt to introduce text relay services, which can be used by deaf customers to communicate with bank officials via the phone</li>
</ul>
<ul>
<li> The VRS system should be in clear, understandable and audible tones for the ease of customers</li>
</ul>
</td>
<td></td>
<td>
<ul>
<li>Alerts and notifications in an ATM are usually in the form of a loud noise or a beep, which will be missed by a person with hearing disability</li>
</ul>
<b>Suggested Solution:</b><br />
<ul>
<li>ATMs should have a light which flashes in case of a notification, which will come to the attention of the user</li>
</ul>
<br /></td>
<td></td>
</tr>
<tr>
<td>Cognitive Disability</td>
<td style="text-align: left; ">
<ul>
<li>Bank literature and documents are complicated and the language is not easy to comprehend; this could be a problem for someone with a learning disability</li>
</ul>
<ul>
<li>Banks have a bias against someone with a learning disability and despite rules against this, are reluctant to open account for customers with cognitive disabilities</li>
</ul>
<b>Suggested Solution:<br /></b>
<ul>
<li>Conduct sensitisation and training programmes for the staff train them about the needs of customers with disabilities</li>
</ul>
<ul>
<li>Bank documents, scheme information and so on should be in clear, easy to understand language </li>
</ul>
</td>
<td>
<ul>
<li>The options on an automated VRS system at a bank’s call centre are often not clear and are incomprehensible</li>
</ul>
<p><br /><b>Suggested Solution</b>:</p>
<ul>
<li>The VRS system should be in clear, understandable and audible tones for the ease of customers</li>
</ul>
<p> </p>
</td>
<td></td>
<td></td>
<td></td>
</tr>
</tbody>
</table>
<h2>Annexure 2 – Banking and Accessibility Guidelines</h2>
<table class="vertical listing">
<tbody>
<tr>
<th>Area of Banking</th><th>Guidelines/Recommendations</th>
</tr>
<tr>
<td>Mobile banking</td>
<td>
<p align="left">Web Accessibility Initiatives international guidelines on mobile accessibility: <a href="http://www.w3.org/WAI/mobile/">http://www.w3.org/WAI/mobile/</a></p>
</td>
</tr>
<tr>
<td>Internet banking</td>
<td>
<p align="left">The Web Content Accessibility Guidelines lay down the principles for making websites more accessible for people with disabilities: <a href="http://www.w3.org/TR/WCAG/">http://www.w3.org/TR/WCAG/</a></p>
<p align="left">Australian Industry Standards for Electronic Banking: <a href="http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-">http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-</a></p>
<p align="left">Royal National Institute for the Blind’s Good Practices and Standards for Electronic Banking: <a href="http://www.rnib.org.uk/aboutus/Research/reports/2012/Banking_Experience_CP.pdf">www.rnib.org.uk/aboutus/Research/reports/2012/Banking_Experience_CP.pdf</a></p>
</td>
</tr>
<tr>
<td>ATMs and payment kiosks</td>
<td>
<p align="left">Americans with Disabilities Act ATM Standards, 2010: <a href="http://www.firstdata.com/downloads/thought-leadership/atm_ada_accessibility.pdf">www.firstdata.com/downloads/thought-leadership/atm_ada_accessibility.pdf</a></p>
<p align="left">Australian Industry Standards for ATMs: <a href="http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/ATM-Standard">www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/ATM-Standard</a></p>
<p align="left">Canadian Guidelines on Self Service Interactive Devices: A summary is available at “Standard B651.1-09”, sourced from <a href="http://hub.eaccessplus.eu/wiki/Canadian_standard_for_accessible_design_for_automated_banking_machines">http://hub.eaccessplus.eu/wiki/Canadian_standard_for_accessible_design_for_automated_banking_machines</a></p>
<p align="left">Dutch Guidelines on Payment Terminals: <a href="http://hub.eaccessplus.eu/uploads/a/a1/Dutch_Guidelines_on_payment_systems.pdf">http://hub.eaccessplus.eu/uploads/a/a1/Dutch_Guidelines_on_payment_systems.pdf</a></p>
</td>
</tr>
<tr>
<td>Phone Banking</td>
<td>
<p align="left">Australian Industry Standards for Automated Phone Banking: <a href="http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/Automated-Telephone-Banking-Standard">http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/Automated-Telephone-Banking-Standard</a></p>
</td>
</tr>
<tr>
<td>Branch Banking</td>
<td>
<p align="left">New Zealand Banker’s Association Voluntary Guidelines on Meeting Needs of Older and Disabled Customers: <a href="http://www.nzba.org.nz/banking-standards/code-of-banking-practice/voluntary-guidelines-to-assist-banks-to-meet-the-needs-of-older-and-disabled-customers/">http://www.nzba.org.nz/banking-standards/code-of-banking-practice/voluntary-guidelines-to-assist-banks-to-meet-the-needs-of-older-and-disabled-customers/</a></p>
</td>
</tr>
</tbody>
</table>
<hr />
<p>[<a href="#fr1" name="fn1">1</a>]. Data taken from <a href="http://www.disabilityindia.com/html/facts.html">http://www.disabilityindia.com/html/facts.html</a>.</p>
<p>[<a href="#fr2" name="fn2">2</a>]. “NCR Corp to set up 50 Talking ATMs in Post Offices”, available at <a href="http://lflegal.com/2012/09/ncr-india/">http://lflegal.com/2012/09/ncr-india/</a>.</p>
<p style="text-align: justify; ">[<a href="#fr3" name="fn3">3</a>]. More data on disability can be seen at the World Bank Country Profile on Disability for India, available at <a href="http://siteresources.worldbank.org/DISABILITY/Resources/Regions/South%20Asia/JICA_India.pdf">http://siteresources.worldbank.org/DISABILITY/Resources/Regions/South%20Asia/JICA_India.pdf</a>.</p>
<p>[<a href="#fr4" name="fn4">4</a>]. Full text available at <a href="http://www.un.org/disabilities/default.asp?id=259">http://www.un.org/disabilities/default.asp?id=259</a>.</p>
<p>[<a href="#fr5" name="fn5">5</a>]. Full text available at <a href="http://www8.cao.go.jp/shougai/english/biwako/contents.html">http://www8.cao.go.jp/shougai/english/biwako/contents.html</a>.</p>
<p style="text-align: justify; ">[<a href="#fr6" name="fn6">6</a>]. See generally: “Guidelines for Accessible and Usable Web Sites: Observing Users Who Work with Screen Readers”, Mary Theofranos and Janice Redish, available at <a href="http://redish.net/content/papers/interactions.html">http://redish.net/content/papers/interactions.html</a>, last viewed on July 26.</p>
<p style="text-align: justify; ">[<a href="#fr7" name="fn7">7</a>]. Article 14: Equality before law - The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth).</p>
<p style="text-align: justify; ">[<a href="#fr8" name="fn8">8</a>]. Article 15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth<br />(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them<br />(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to<br />(a) access to shops, public restaurants, hotels and palaces of public entertainment; or<br />(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public</p>
<p style="text-align: justify; ">[<a href="#fr9" name="fn9">9</a>]. Article 253: Legislation for giving effect to international agreements - Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.</p>
<p>[<a href="#fr10" name="fn10">10</a>]. For more details on the legislation, along with the full text, refer to http://socialjustice.nic.in/policiesacts3.php.</p>
<p>[<a href="#fr11" name="fn11">11</a>]. See generally: <a href="http://www.accessability.co.in/access/files/Accessibility-in-India-Issues-Status-Way-Forward.pps">www.accessability.co.in/access/files/Accessibility-in-India-Issues-Status-Way-Forward.pps</a>.</p>
<p style="text-align: justify; ">[<a href="#fr12" name="fn12">12</a>]. “Bank loses accessibility case”, available at <a href="http://www.fm-world.co.uk/news/fm-industry-news/bank-loses-accessibility-case/">http://www.fm-world.co.uk/news/fm-industry-news/bank-loses-accessibility-case/</a>.</p>
<p style="text-align: justify; ">[<a href="#fr13" name="fn13">13</a>]. Singh, A. & Nizamie, S.H. (2004) Disability: the concept and related Indian legislations. <i>Mental Health Reviews,</i> accessed from http://www.psyplexus.com/mhr/disability_india.html on September 11, 2012.</p>
<p>[<a href="#fr14" name="fn14">14</a>]. Id.</p>
<p>[<a href="#fr15" name="fn15">15</a>]. Id.</p>
<p style="text-align: justify; ">[<a href="#fr16" name="fn16">16</a>]. Full text of the legislation is available at The Banking Regulation Act, 1949, <a href="http://indiankanoon.org/doc/1129081/">http://indiankanoon.org/doc/1129081/</a></p>
<p style="text-align: justify; ">[<a href="#fr17" name="fn17">17</a>]. Section 35A: Power of the Reserve Bank to give directions-<br />(1) Where the Reserve Bank is satisfied that-<br />(a) in the public interest; or<br />(aa)in the interest of banking policy; or<br />(b) to prevent the affairs of any banking company being conducted in a manner detrimental to the interests of the depositors or in a manner prejudicial to the interests of the banking company; or<br />(c) to secure the proper management of any banking company generally; it is necessary to issue directions to banking companies generally or to any banking company in particular, it may, from time to time, issue such directions as it deems fit, and the banking companies or the banking company, as the case may be, shall be bound to comply with such directions.<br />(2) The Reserve Bank may, on representation made to it or on its own motion, modify or cancel any direction issued under sub- section (1), and in so modifying or cancelling any direction may impose such conditions as it thinks fit, subject to which the modification or cancellation shall have effect.</p>
<p>[<a href="#fr18" name="fn18">18</a>]. Available at http://rbi.org.in/scripts/NotificationUser.aspx?Id=4226&Mode=0</p>
<p>[<a href="#fr19" name="fn19">19</a>]. Available at <a href="http://rbi.org.in/scripts/NotificationUser.aspx?Id=4923&Mode=0">http://rbi.org.in/scripts/NotificationUser.aspx?Id=4923&Mode=0</a></p>
<p>[<a href="#fr20" name="fn20">20</a>]. Available at <a href="http://www.rbi.org.in/scripts/BS_CircularIndexDisplay.aspx?Id=7548">http://www.rbi.org.in/scripts/BS_CircularIndexDisplay.aspx?Id=7548</a></p>
<p>[<a href="#fr21" name="fn21">21</a>]. Available at <a href="http://rbi.org.in/scripts/BS_CircularIndexDisplay.aspx?Id=5071">http://rbi.org.in/scripts/BS_CircularIndexDisplay.aspx?Id=5071</a>.</p>
<p>[<a href="#fr22" name="fn22">22</a>]. “Banking Made Easier for People with Disabilities”, available at <a href="http://www.autism-india.org/india_legal.html">http://www.autism-india.org/india_legal.html</a>.</p>
<p>[<a href="#fr23" name="fn23">23</a>]. Available at <a href="http://rbi.org.in/scripts/NotificationUser.aspx?Mode=0&Id=5248">http://rbi.org.in/scripts/NotificationUser.aspx?Mode=0&Id=5248</a>.</p>
<p>[<a href="#fr24" name="fn24">24</a>]. National Policy for Persons with Disability, available at <a href="http://www.socialjustice.nic.in/nppde.php?format=print">http://www.socialjustice.nic.in/nppde.php?format=print</a>.</p>
<p style="text-align: justify; ">[<a href="#fr25" name="fn25">25</a>]. Principle Areas of Intervention VI (x): “Banking system will be encouraged to meet the needs to the persons with disabilities”, <i>Id.</i></p>
<p style="text-align: justify; ">[<a href="#fr26" name="fn26">26</a>]. See generally: Discussion on disability in the Mid Term Appraisal of the Eleventh Five Year Plan, Page 185, available at <a href="http://planningcommission.nic.in/plans/mta/11th_mta/chapterwise/Comp_mta11th.pdf">http://planningcommission.nic.in/plans/mta/11th_mta/chapterwise/Comp_mta11th.pdf</a>.</p>
<p style="text-align: justify; ">[<a href="#fr27" name="fn27">27</a>]. Tim Noonan, “Acceptable E-commerce in Australia: A Discussion Paper about the Effects of Electronic Commerce Developments on People With Disabilities”, available at <a href="http://www.timnoonan.com.au/ecrep10.htm">http://www.timnoonan.com.au/ecrep10.htm</a></p>
<p>[<a href="#fr28" name="fn28">28</a>]. Id.</p>
<p style="text-align: justify; ">[<a href="#fr29" name="fn29">29</a>]. “Barriers to Using Automatic Teller Machines”, Tim Noonan, available at <a href="http://www.hreoc.gov.au/disability_rights/inquiries/ecom/atmpaper.htm">http://www.hreoc.gov.au/disability_rights/inquiries/ecom/atmpaper.htm</a>, last viewed on July 26, 2012.</p>
<p>[<a href="#fr30" name="fn30">30</a>]. See generally: Accessibility at the RBS, available at <a href="http://www.bankofscotland.co.uk/accessibility/hearing-impaired/">http://www.bankofscotland.co.uk/accessibility/hearing-impaired/</a>, last viewed on July 20.</p>
<p style="text-align: justify; ">[<a href="#fr31" name="fn31">31</a>]. In conversation with Mr. George Abraham, CEO, SCORE Foundation. Ms. Radhika Alkazi, Managing Trustee of Aarth-Aastha also pointed out that in many instances, banks often ask persons with disabilities to bring someone else to sign for them (or operate the account on their behalf) even when the person is fully capable of signing and operating the account themselves. There is no fixed basis for the procedure, which varies from bank to bank.</p>
<p style="text-align: justify; ">[<a href="#fr32" name="fn32">32</a>]. “Barriers to Using Automatic Teller Machines”, Tim Noonan, available at <a href="http://www.hreoc.gov.au/disability_rights/inquiries/ecom/atmpaper.htm">http://www.hreoc.gov.au/disability_rights/inquiries/ecom/atmpaper.htm</a>, last viewed on July 26, 2012.</p>
<p style="text-align: justify; ">[<a href="#fr33" name="fn33">33</a>]. “The Challenges of Blind Internet Users”, available at <a href="http://www.evengrounds.com/blog/challenges-of-blind-internet-users">http://www.evengrounds.com/blog/challenges-of-blind-internet-users</a>, last viewed on July 15.</p>
<p style="text-align: justify; ">[<a href="#fr34" name="fn34">34</a>]. See generally: Accessibility at the RBS, available at <a href="http://www.bankofscotland.co.uk/accessibility/visually-impaired/">http://www.bankofscotland.co.uk/accessibility/visually-impaired/</a>, last viewed on July 20.</p>
<p style="text-align: justify; ">[<a href="#fr35" name="fn35">35</a>]. Consider the development of such ATMs by Wells Fargo bank in the USA; more details are available at https://www.wellsfargo.com/about/diversity/accessibility/.</p>
<p style="text-align: justify; ">[<a href="#fr36" name="fn36">36</a>]. In conversation with Mr. Anil Joshi, the Programme Director of Human Ability and Accessibility at IBM, who works with parents of children with Down’s Syndrome and other mental disabilities. He also pointed out that given that only a miniscule portion of people with disabilities are able to understand banking concepts, the few who do so invariably use banking facilities with the help of their parents or guardians.</p>
<p style="text-align: justify; ">[<a href="#fr37" name="fn37">37</a>]. “Barriers to Using Automatic Teller Machines”, Tim Noonan, available at <a href="http://www.hreoc.gov.au/disability_rights/inquiries/ecom/atmpaper.htm">http://www.hreoc.gov.au/disability_rights/inquiries/ecom/atmpaper.htm</a>, last viewed on July 26, 2012.</p>
<p style="text-align: justify; ">[<a href="#fr38" name="fn38">38</a>]. “Customising mobile banking in India: issues and challenges”, Address delivered by Shri Harun R. Khan, Deputy Governor, Reserve Bank of India, at the FICCI-IBA (FIBAC) 2012 Conference on-“Sustainable excellence through customer engagement, employee engagement and right use of technology” on September 5, 2012 at Mumbai, available at <a href="http://www.rbi.org.in/scripts/BS_SpeechesView.aspx?id=726">http://www.rbi.org.in/scripts/BS_SpeechesView.aspx?id=726</a>.</p>
<p>[<a href="#fr39" name="fn39">39</a>]. Id.</p>
<p>[<a href="#fr40" name="fn40">40</a>]. Available at <a href="http://www.rbi.org.in/Scripts/bs_viewcontent.aspx?Id=1660">http://www.rbi.org.in/Scripts/bs_viewcontent.aspx?Id=1660</a>.</p>
<p style="text-align: justify; ">[<a href="#fr41" name="fn41">41</a>]. Leonard R. Kasday, "<a href="http://www.acm.org/pubs/articles/proceedings/chi/355460/p161-kasday/p161-kasday.pdf">A Tool to Evaluate Universal Web Accessibility</a>" Posters, Proceedings of the 2000 International Conference on Intelligent User Interfaces 2000, pp. 161-162.</p>
<p>[<a href="#fr42" name="fn42">42</a>]. See generally: “WCAG 2 at a Glance”, available at <a href="http://www.w3.org/WAI/WCAG20/glance/">http://www.w3.org/WAI/WCAG20/glance/</a></p>
<p>[<a href="#fr43" name="fn43">43</a>]. See generally: “Website Accessibility”, available at <a href="http://www.tiresias.org/research/guidelines/web.htm">http://www.tiresias.org/research/guidelines/web.htm</a></p>
<p style="text-align: justify; ">[<a href="#fr44" name="fn44">44</a>]. For more details, see generally: “Website Accessibility”, available at <a href="http://www.tiresias.org/research/guidelines/web.htm">http://www.tiresias.org/research/guidelines/web.htm</a></p>
<p>[<a href="#fr45" name="fn45">45</a>]. The Compliance Matrix can be accessed at <a href="http://web.guidelines.gov.in/compliance.php">http://web.guidelines.gov.in/compliance.php</a>.</p>
<p style="text-align: justify; ">[<a href="#fr46" name="fn46">46</a>]. “Deaf and Hearing Impaired”, Woei-Jyh Lee, Handbook of Universal Usability in Practice, available at <a href="http://otal.umd.edu/UUPractice/hearing/">http://otal.umd.edu/UUPractice/hearing/</a>, last viewed on 23 July, 2012.</p>
<p style="text-align: justify; ">[<a href="#fr47" name="fn47">47</a>]. “ATM Usage very low in India, says RBI”, available at http://www.firstpost.com/economy/atm-usage-very-low-in-india-says-rbi-404198.html.</p>
<p>[<a href="#fr48" name="fn48">48</a>]. Available at <a href="http://rbi.org.in/scripts/NotificationUser.aspx?Id=7286&Mode=0">http://rbi.org.in/scripts/NotificationUser.aspx?Id=7286&Mode=0</a>.</p>
<p style="text-align: justify; ">[<a href="#fr49" name="fn49">49</a>]. Harsh Vardhan, “White Label ATMs”, available at <a href="http://ajayshahblog.blogspot.in/2012/08/white-label-atms.html">http://ajayshahblog.blogspot.in/2012/08/white-label-atms.html</a>.</p>
<p style="text-align: justify; ">[<a href="#fr50" name="fn50">50</a>]. “Department of Justice finalises New ATM Accessibility Standards”, available at <a href="http://www.diebold.com/solutions/atms/opteva/html/Diebold_AccessibilityStandards.pdf">http://www.diebold.com/solutions/atms/opteva/html/Diebold_AccessibilityStandards.pdf</a>, last viewed on July 12.</p>
<p style="text-align: justify; ">[<a href="#fr51" name="fn51">51</a>]. “Department of Justice Finalises New ATM Accessibility Standards”, available at <a href="http://www.diebold.com/solutions/atms/opteva/html/Diebold_AccessibilityStandards.pdf">http://www.diebold.com/solutions/atms/opteva/html/Diebold_AccessibilityStandards.pdf</a>, last viewed on July 12.</p>
<p>[<a href="#fr52" name="fn52">52</a>]. “Making Bank Notes Accessible for Canadians Living with Blindness or Low Vision”, Carolyn Samuel, available at <a href="http://www.bankofcanada.ca/wp-content/uploads/2011/08/samuel.pdf">http://www.bankofcanada.ca/wp-content/uploads/2011/08/samuel.pdf.</a></p>
<p>[<a href="#fr53" name="fn53">53</a>]. Id.</p>
<p>[<a href="#fr54" name="fn54">54</a>]. Carolyn Samuel, “Making Bank Notes Accessible for Canadians Living With Blindness or Low Vision”, available at <a href="http://www.bankofcanada.ca/wp-content/uploads/2011/08/samuel.pdf">http://www.bankofcanada.ca/wp-content/uploads/2011/08/samuel.pdf</a>.</p>
<p>[<a href="#fr55" name="fn55">55</a>]. (DBOD.No.Leg.BC.123 /09.07.005/2008-09).</p>
<p>[<a href="#fr56" name="fn56">56</a>]. Refer to Section 4.3 of the Report.</p>
<p style="text-align: justify; ">[<a href="#fr57" name="fn57">57</a>]. Dinesh Kaushal, “The Case for Accessible Banking”, available at <a href="https://cis-india.org/accessibility/accessible-banking">http://cis-india.org/accessibility/accessible-banking</a>.</p>
<p style="text-align: justify; ">[<a href="#fr58" name="fn58">58</a>]. NR Indran, “UBI to deploy Mumbai’s first Talking ATM for the visually challenged”, available at <a href="http://apnnews.com/2012/07/09/ubi-to-deploy-mumbai%E2%80%99s-first%E2%80%98talking-atm%E2%80%99-for-the-visually-challenged-powered-by-ncr/">http://apnnews.com/2012/07/09/ubi-to-deploy-mumbai%E2%80%99s-first%E2%80%98talking-atm%E2%80%99-for-the-visually-challenged-powered-by-ncr/</a></p>
<p>[<a href="#fr59" name="fn59">59</a>]. Id.</p>
<p>[<a href="#fr60" name="fn60">60</a>]. “NCR Corp to set up 50 Talking ATMs in passport offices”, available at http://lflegal.com/2012/09/ncr-india/.</p>
<p>[<a href="#fr61" name="fn61">61</a>]. “NCR Corp to set up 50 Talking ATMs in passport offices”, available at http://lflegal.com/2012/09/ncr-india/.</p>
<p style="text-align: justify; ">[<a href="#fr62" name="fn62">62</a>]. Dinesh Kaushal, “The Case for Accessible Banking”, available at <a href="https://cis-india.org/accessibility/accessible-banking">http://cis-india.org/accessibility/accessible-banking</a>.</p>
<p>[<a href="#fr63" name="fn63">63</a>]. Id.</p>
<p style="text-align: justify; ">[<a href="#fr64" name="fn64">64</a>]. “Department of Justice Finalises New ATM Accessibility Standards”, available at <a href="http://www.diebold.com/solutions/atms/opteva/html/Diebold_AccessibilityStandards.pdf">http://www.diebold.com/solutions/atms/opteva/html/Diebold_AccessibilityStandards.pdf</a>, last viewed on July 12.</p>
<p>[<a href="#fr65" name="fn65">65</a>]. See more details at <a href="http://www.unionbankofindia.co.in/personal_TalkingATMs.aspx">http://www.unionbankofindia.co.in/personal_TalkingATMs.aspx</a></p>
<p style="text-align: justify; ">[<a href="#fr66" name="fn66">66</a>]. These guidelines are available at <a href="http://www.nzba.org.nz/banking-standards/code-of-banking-practice/voluntary-guidelines-to-assist-banks-to-meet-the-needs-of-older-and-disabled-customers/">http://www.nzba.org.nz/banking-standards/code-of-banking-practice/voluntary-guidelines-to-assist-banks-to-meet-the-needs-of-older-and-disabled-customers/</a></p>
<p>[<a href="#fr67" name="fn67">67</a>]. Id.</p>
<p>[<a href="#fr68" name="fn68">68</a>]. Id.</p>
<p>[<a href="#fr69" name="fn69">69</a>]. Id.</p>
<p style="text-align: justify; ">[<a href="#fr70" name="fn70">70</a>]. Section 4 of the DDA defines disability in relation to a person as:<br />a. total or partial loss of the person's bodily or mental functions; or<br />b. total or partial loss of a part of the body; or<br />c. the presence in the body of organisms causing disease or illness; or<br />d. the presence in the body of organisms capable of causing disease or illness; or<br />e. the malfunction, malformation or disfigurement of a part of the person's body; or<br />f. a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or<br />g. a disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour; and includes a disability that:<br />a. presently exists; or<br />b. previously existed but no longer exists; or<br />c. may exist in the future; or is imputed to a person.</p>
<p style="text-align: justify; ">[<a href="#fr71" name="fn71">71</a>]. Section 4 of the DDA defines a service as relating to, amongst other things, banking, insurance, superannuation and the provision of grants, loans, credit or finance, and including financial and information services provided, for example, through websites, telephones, ATMs and EFTPOS.</p>
<p style="text-align: justify; ">[<a href="#fr72" name="fn72">72</a>]. For a full list, please refer to: <a href="http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/Industry-Standards---Accessibility">http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/Industry-Standards---Accessibility</a>, last accessed on 12<sup>th</sup> August, 2012.</p>
<p style="text-align: justify; ">[<a href="#fr73" name="fn73">73</a>]. Refer to <a href="http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/ATM-Standard">http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/ATM-Standard</a></p>
<p style="text-align: justify; ">[<a href="#fr74" name="fn74">74</a>]. Refer to <a href="http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/EFTPOS-Standard">http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/EFTPOS-Standard</a></p>
<p style="text-align: justify; ">[<a href="#fr75" name="fn75">75</a>]. Refer to <a href="http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/Automated-Telephone-Banking-Standard">http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/Automated-Telephone-Banking-Standard</a></p>
<p style="text-align: justify; ">[<a href="#fr76" name="fn76">76</a>]. ABA Industry Standard on Electronic Banking, available at <a href="http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/Internet-Banking-Standard">http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/Internet-Banking-Standard</a></p>
<p style="text-align: justify; ">[<a href="#fr77" name="fn77">77</a>]. Refer to <a href="http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/Australian-Banking-Industry-E-Commerce-Industry-Action-Plan">http://www.bankers.asn.au/Industry-Standards/ABAs-Accessibility-of-Electronic-Banking-/Australian-Banking-Industry-E-Commerce-Industry-Action-Plan</a></p>
<p style="text-align: justify; ">[<a href="#fr78" name="fn78">78</a>]. “Background to the Guiding Principles”, Section 1.1 of the ABA Guiding Principles for Accessible Authentication, available at <a href="http://www.bankers.asn.au/ArticleDocuments/177/ABA-Guiding_Principles_for_Accessible_Authentication.doc.aspx">http://www.bankers.asn.au/ArticleDocuments/177/ABA-Guiding_Principles_for_Accessible_Authentication.doc.aspx</a></p>
<p>[<a href="#fr79" name="fn79">79</a>]. Id.</p>
<p style="text-align: justify; ">[<a href="#fr80" name="fn80">80</a>]. “Department of Justice Finalises New ATM Accessibility Standards”, available at <a href="http://www.diebold.com/solutions/atms/opteva/html/Diebold_AccessibilityStandards.pdf">http://www.diebold.com/solutions/atms/opteva/html/Diebold_AccessibilityStandards.pdf</a>, last viewed on July 12</p>
<p style="text-align: justify; ">[<a href="#fr81" name="fn81">81</a>]. See generally: “Department of Justice finalizes new ATM accessibility standards”, available at <a href="http://www.diebold.com/solutions/atms/opteva/html/Diebold_AccessibilityStandards.pdf">www.diebold.com/solutions/atms/opteva/html/Diebold_AccessibilityStandards.pdf</a></p>
<p style="text-align: justify; ">[<a href="#fr82" name="fn82">82</a>]. A summary is available at “Standard B651.1-09”, sourced from <a href="http://hub.eaccessplus.eu/wiki/Canadian_standard_for_accessible_design_for_automated_banking_machines">http://hub.eaccessplus.eu/wiki/Canadian_standard_for_accessible_design_for_automated_banking_machines</a>, and a full text can be purchased from the Canadian Standards Association website.</p>
<p style="text-align: justify; ">[<a href="#fr83" name="fn83">83</a>]. “The extent to which technical requirements are applied is the responsibility of others, such as the authority having jurisdiction.”</p>
<p style="text-align: justify; ">[<a href="#fr84" name="fn84">84</a>]. “Barrier Free Banking”, available at <a href="http://www.abilities.ca/agc/article/article.php?pid=&cid=&subid=&aid=429">http://www.abilities.ca/agc/article/article.php?pid=&cid=&subid=&aid=429</a></p>
<p>[<a href="#fr85" name="fn85">85</a>]. Id.</p>
<p style="text-align: justify; ">[<a href="#fr86" name="fn86">86</a>]. “Dutch Guidelines for User Friendly payment terminals”, available at <a href="http://hub.eaccessplus.eu/wiki/Dutch_Guidelines_for_user-friendly_payment_terminals">http://hub.eaccessplus.eu/wiki/Dutch_Guidelines_for_user-friendly_payment_terminals</a></p>
<p style="text-align: justify; ">[<a href="#fr87" name="fn87">87</a>]. “Dutch Guidelines for Payment Systems”, available at <a href="http://hub.eaccessplus.eu/uploads/a/a1/Dutch_Guidelines_on_payment_systems.pdf">http://hub.eaccessplus.eu/uploads/a/a1/Dutch_Guidelines_on_payment_systems.pdf</a></p>
<p>[<a href="#fr88" name="fn88">88</a>]. Id.</p>
<p>[<a href="#fr89" name="fn89">89</a>]. Building User Friendly Voice Systems, Tim Noonan, available at <a href="http://www.timnoonan.com.au/ivrpap98.htm">http://www.timnoonan.com.au/ivrpap98.htm</a></p>
<p style="text-align: justify; ">[<a href="#fr90" name="fn90">90</a>]. See generally, “What are the possibilities”, the webpage for the Xavier’s Resource Centre for the Visually Challenged, available at <a href="http://www.xrcvc.org/fs_alternatives.php">http://www.xrcvc.org/fs_alternatives.php</a></p>
<p style="text-align: justify; ">[<a href="#fr91" name="fn91">91</a>]. In countries like Japan, even sighted people use what are known as signature stamps, Hanko and Inkan, instead of actual signatures, for signing of official documents. This is a practice that can also be incorporated by banks.</p>
<p style="text-align: justify; ">[<a href="#fr92" name="fn92">92</a>]. See generally, “What are the possibilities”, the webpage for the Xavier’s Resource Centre for the Visually Challenged, available at <a href="http://www.xrcvc.org/fs_alternatives.php">http://www.xrcvc.org/fs_alternatives.php</a>.</p>
<p style="text-align: justify; ">[<a href="#fr93" name="fn93">93</a>]. In conversation with Ms. Anubhuti Mittal, who works for HR Solutions for the Differently Abled, and runs a consultancy which works with people with disabilities, providing recruitment services to the disabled, doing access audits, job mapping, sensitization and training of employees at organisations.</p>
<p style="text-align: justify; ">[<a href="#fr94" name="fn94">94</a>]. Pursuant to Section 33 of the PWD Act, which states: Every appropriate government shall appoint in every establishment such percentage of vacancies not less than three per cent for persons or class of persons with disability of which one per cent? each shall be reserved for persons suffering from:</p>
<ul style="text-align: justify; ">
<li>Blindness or low vision;</li>
<li>Bearing impairment;</li>
<li>Loco motor disability or cerebral palsy, in the posts identified for each disability: </li>
</ul>
<p style="text-align: justify; ">Provided that the appropriate Government may, having regard to the type of work carried on in any department or establishment, by notification subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.</p>
<p>[<a href="#fr95" name="fn95">95</a>]. For example, the Australian and New Zealand Standards (AS/NZS 4263).</p>
<p style="text-align: justify; ">[<a href="#fr96" name="fn96">96</a>]. A good reference point would be “A Look at Internet Banking Accessibility in Australia”, Sofia Celic, Steven Faulkner, and Andrew Arch, available at <a href="http://ausweb.scu.edu.au/aw04/papers/refereed/celic/paper.html">http://ausweb.scu.edu.au/aw04/papers/refereed/celic/paper.html</a>, where the authors have studied the websites of different Australian banks to see how far they are complying with the WCAG1.0 guidelines and have rated them on different criteria. Unfortunately, the team found that “the overall status of the accessibility of Australian banking web sites, using the accessibility of their home pages as an indicator, is less than desirable. None of the banks assessed has met the <acronym>ABA</acronym> recommended timetable of addressing all applicable <acronym>WCAG</acronym> 1.0 Priority 1 and Priority 2 checkpoints within 18 months of the Standard being released (April 2002).”</p>
<hr />
<p><b>Contributors:</b></p>
<ul>
<li>Nirmita Narasimhan, Policy Director</li>
<li>Vrinda Maheshwari, Consultant</li>
</ul>
<p><a href="https://cis-india.org/accessibility/blog/banking-accessibility-report.pdf" class="internal-link">Click to download the entire report </a>(PDF) 802 Kb</p>
<ul>
</ul>
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</ul>
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</ul>
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</ul>
<p>
For more details visit <a href='https://cis-india.org/accessibility/blog/banking-and-accessibility-in-india-report'>https://cis-india.org/accessibility/blog/banking-and-accessibility-in-india-report</a>
</p>
No publishernirmitaFeaturedHomepageAccessibility2013-08-13T04:00:19ZBlog EntryAre Indian Consumer Laws Ready for the Digital Age?
https://cis-india.org/a2k/blogs/are-indian-consumers-laws-ready-for-digital-age
<b>The Economic and Social Council of the United Nations, recognizing the need for protection of the rights of consumers, drafted a set of model guidelines on consumer protection which were adopted by the General Assembly in 1985. The United Nations Guidelines for Consumer Protection (UNGCP) act as an international reference point of the consumer movement, however since it has been over a quarter of a century since they were first drafted, there is a strong argument for revising them to bring them in line with new developments in technology and business practices.</b>
<p style="text-align: justify; ">It is for this reason that that <a class="external-link" href="http://unctad.org/en/Pages/Home.aspx">United Nations Conference on Trade and Development</a> has undertaken a revision of the UNGCP. <a class="external-link" href="http://www.consumersinternational.org/">Consumers International</a>, an international consumer rights organization has along with CIS and other groups been trying to represent the voice of consumers at the negotiations for this revision. As part of this effort, Consumers International has produced a book titled "<a class="external-link" href="http://www.consumersinternational.org/news-and-media/resource-zone/jeremy_digital_ungcp#.UgM5UaxWygg">Updating the UN Guidelines for Consumer Protection for Consumers in the Digital Age</a>". This blog has been produced through a filteration of the essence of some of the arguments and issues addressed in that book.</p>
<p style="text-align: justify; ">In December 2012 there was a news report that pegged the market for online commerce in India at roughly USD 14 billion,<a href="#fn1" name="fr1">[1]</a> which is why some of the poster children of online retail in India are getting stratospheric valuations even though they are yet to show any major profits, case in point, <a class="external-link" href="http://www.flipkart.com/">Flipkart</a> had a valuation of around USD 800 million<a href="#fn2" name="fr2">[2]</a> in 2012 and is looking for an IPO in around three to four years. Such huge numbers give a sneak peek into the size and scope of the Indian e-commerce marketplace which begs the question, if there are so many transactions occurring in the online marketplace and since a large number of those transactions are between retailers and domestic consumers, then are there any specific laws out there protecting the interests of consumers in the online world.</p>
<p style="text-align: justify; ">Apart from the <a class="external-link" href="http://eprocure.gov.in/cppp/sites/default/files/eproc/itact2000.pdf">Information Technology Act, 2000</a> and various<a class="external-link" href="http://www.rbi.org.in/scripts/bs_circularindexdisplay.aspx"> circulars by the Reserve Bank of India</a> regarding online banking and money transfer activities which are more generic in nature trying to secure the online space as a whole, there are no specific laws that seek to protect consumers in the online space. However, that does not necessarily mean that the consumers are left without any recourse and in this post we shall examine whether it is possible to use the <a class="external-link" href="http://www.ncdrc.nic.in/1_1.html">Consumer Protection Act, 1986</a> to protect consumer rights in the online environment as well.</p>
<p style="text-align: justify; ">The Consumer Protection Act, 1986 (“<b>COPRA</b>”) was enacted with the purpose of empowering consumers to take on the might of large corporations and preventing unscrupulous businessmen from taking undue advantage of the weak position which consumers are inherently placed in under the archaic Indian judicial system. It set up special tribunals, simpler procedures and enacted special provisions to help consumers get a better bargaining position vis-à-vis manufacturers and retailers, etc. However, since this law was enacted more than a quarter of a century ago and it is not entirely geared towards protecting consumer rights in the digital era. However, that does not mean it is entirely toothless in the online environment although it certainly needs some major provisions to come to grasp with the special circumstances and practices of the online marketplace, as the rest of the discussion will demonstrate.</p>
<p>For any transaction to come under the purview of COPRA, it should have the following three essential requirements:</p>
<ol>
<li>There should be a ‘good’ or ‘service’ sold or provided to a consumer;</li>
<li>Such good or service must be ‘sold’ i.e. there must be a ‘sale’;</li>
<li>There should be a ‘defect’ in the good or ‘deficiency’ in the service;</li>
</ol>
<p style="text-align: justify; ">We will now examine different types of e-commerce transactions and discuss whether they fulfill the requirements given above and therefore are amenable to the jurisdiction of COPRA.</p>
<p style="text-align: justify; "><b>There should be a ‘good’ or ‘service’</b><br />This is issue is not very complicated so far as digital purchases of physical items are concerned. Since a book or a mobile phone is considered as a ‘good’ then it will always be considered as a ‘good’ irrespective of whether it has been bought from a physical shop or an online retailer. However, the question does take on an air of some complexity when dealing with digital items such as mp3 files and software programmes. The <a class="external-link" href="http://trivandrum.gov.in/~trivandrum/images/pdfs/generalclausesact.pdf">General Clauses Act, 1897</a> states that all property which is not immovable property is considered as movable property. Since immovable property is defined as land and things attached to the land, therefore it is pretty clear that ‘computer software’ would in all likelihood be considered as movable property. Whether such movable property can be considered as a ‘good’ or not is a question which is yet to be tested in the courts of law in India, however it must be mentioned that in the context of the Sales Tax Act, the Supreme Court of India has held canned software to be a ‘good’. Laying down a test for determining whether a property is a ‘good’ or not, the Supreme Court in that case laid down the following test:</p>
<p class="callout" style="text-align: justify; ">“A 'goods' may be a tangible property or an intangible one. It would become goods provided it has the attributes thereof having regard to (a) its utility; (b) capable of being bought and sold; and (c) capable of transmitted, transferred, delivered, stored and possessed. <span>If a software whether customized or non-customized satisfies these attributes, the same would be goods.</span>”<a href="#fn3" name="fr3">[3]</a></p>
<p style="text-align: justify; ">It must be emphasized again that the Supreme Court’s ruling was given in the context of the Sales Tax Act and it may not be accepted by a court deciding a case on COPRA. This is one issue which could and should be addressed under Indian laws to ensure that the large numbers of Indian consumers who buy items in the online marketplace are not left in a lurch and without the protection of the COPRA.</p>
<p style="text-align: justify; "><b>There must be a “Sale” of the good or service<br /></b>Just as the previous issue, this question again can be simple when asked in relation to sale of physical goods using the internet but may not be so when talking about digital goods. When a physical item is purchased using the internet, a sale may be said to have occurred when the ownership of the good passes from the seller (online retailer) to the buyer (consumer) and the payment and delivery are complete. However, the question whether sale of software (here we are using this generic term for all sorts of computer programmes and data because the reasoning and legal analysis can be applied to both types of data) in an online environment would actually constitute a ‘sale’ requires a little more analysis. A huge problem in labeling online software purchases as a ‘sale’ is that most of these ‘sales’ are made in the form of a license. The manufacturers or retailers would argue that such an online purchase is not really a sale since the consumer usually only gets a license to use the product under strict conditions and does not buy the product as an owner, further this is really the industry standard when it comes to software purchases. The argument on the other side is that most websites advertise these products as an outside sale, for example, if you go to the <a class="external-link" href="http://www.quickheal.com/">Quick Heal</a> antivirus website today and go to the page for “Home Users”<a href="#fn4" name="fr4">[4]</a> the page clearly shows a “Buy Now” tab and indicates the price at Rs. 1549/-. In fact in a number of cases you can actually buy the file containing the software without ever being shown the contractual terms of the agreement. These terms usually specify that you are only getting a license to use the product and may not have the right to resell or lend the product to others, rights which a traditional buyer of a product enjoys under law.</p>
<p style="text-align: justify; ">This issue was also discussed by a Full Bench of the Supreme Court of India in the case of <i>Tata Consultancy Services</i> v. <i>State of Andhra Pradesh</i>,<a href="#fn5" name="fr5">[5]</a> which ultimately held that the ‘sale’ of canned software (the term the court used for non customized software which is sold off the shelf) would be a sale of goods and therefore liable to be taxed under the Sales Tax Act. As is evident this decision was given in the context of the Sales Tax Act, but it could be argued that since tax statues are anyways supposed to be interpreted strictly and beneficial statutes such as the COPRA are required to be interpreted broadly, as per the accepted rules of legal interpretation, therefore it is possible that such a ‘license’ for computer software bought by an ordinary consumer could be considered as a ‘sale’ so as to bring the item within the ambit of the COPRA.</p>
<p>Here again we see that although there might be arguments which could be made to justify such licences for computer software as a ‘sale’, however it is still an untested issue and the COPRA certainly needs to take these issues into account if we want to protect the rights of the ever growing number of online consumers.</p>
<p style="text-align: justify; "><b>There should be a “defect” in the goods</b><br />If I order a pair of shoes from <a class="external-link" href="http://flpikart.com/">flpikart.com</a> and the shoes arrive with one of the soles torn off, it’s a pretty straightforward case of there being a defect. In such a scenario unless the retailer has a specified return policy (which incidentally flipkart has) the consumer would have a right to approach the consumer forum to lodge a compliant. Similarly, if I buy a software from a manufacturer for my personal use and the file has a bug in it, it can fairly easily be considered as a defect since any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard or the good can be considered as a defect.</p>
<p style="text-align: justify; ">This is where things get a little interesting. What if we argue that stringent Digital Rights Management techniques by some online retailers are actually a defect in the goods since they do give the consumer all the rights that a buyer of goods would traditionally have. For example, if I buy an e-book with DRMs which restrict lending and on-selling, then two of my rights as a traditional book buyer are straightaway rescinded. Let us now examine the issue in the traditional context of the term ‘defect’.</p>
<p style="text-align: justify; ">If an article bought has any fault, imperfection or shortcoming in the quality, etc., then it would be considered as a defective good. For example, if a person buys a generator which is creating excessive noise, then it can be said that there is a shortcoming in the quality or the standard which is required to be maintained. A generator may supply electricity perfectly well and there may not be any fault at the time of running the machine but while operating the machine if it is creating more noise than the prescribed level, it can be said that there is a defect in the manufacture. An e-book with DRMs may also let a consumer read its contents but that may not be the only criteria to determine whether an item is defective or not. Using the traditional definition of a ‘buyer’, we can argue that a traditional buyer commonly has rights such as the right to resale, the right to make copies for personal use, the right to lend, the right to gift, etc., which may not exist in a an e-book with DRMs. Thus, an argument could be made that such measures constitute a ‘defect’ in the goods under the COPRA.</p>
<p style="text-align: justify; ">Again, this is only an argument and it is entirely possible that a court of law may reject such an argument, especially in light of the fact that the consumer has entered into a license agreement while completing the transaction which specifically grants the consumer only specific and limited rights in regard to the item being purchased. A possible counter to this argument could be that the agreement is generally long and verbose and is only presented to the consumer towards the end of the transaction when the consumer generally does not have the time to read it. Further, there is hardly ever a situation where the consumer can negotiate the terms of the contract, it is usually a standard form of contract which is heavily tilted in favour of the seller and the consumer is given no real choice in this regard. This is why in common law jurisdictions the courts have laid down certain principles or extra conditions which a standard form of contract has to abide by for it to be enforceable viz.,:</p>
<ol>
<li style="text-align: justify; "><span>Sufficient notice</span>: This principle requires that the major and specially the unusual terms in a contract should be displayed in a sufficiently highlighted manner so that a reasonable consumer is not likely to miss these unusual terms.<a href="#fn6" name="fr6">[6]</a></li>
<li style="text-align: justify; "><span>Fundamental breach of contract</span>: If the contract is so drafted that it would impose additional obligations on the consumer or restrict the liability and obligations of the seller in such a way that it would result in breaching any of the fundamental or main terms or obligations that one expects in such a contract, then such a contract may not be enforceable.<a href="#fn7" name="fr7">[7]</a></li>
<li style="text-align: justify; "><span>Exclusion of unreasonable terms</span>: Another type of protection that is available to consumers is the principle which seeks to exclude unreasonable terms from a contract i.e. a term which would defeat the very purpose of the contract or if it is repugnant to the public policy.<a href="#fn8" name="fr8">[8]</a></li>
</ol>
<p style="text-align: justify; ">Relying on the above principles of standard form contracts, it is possible to at least argue that highly strict and limiting terms which are put into a long verbose standard form contract which backs the Technology Protection Measures on a protected software may not be entirely enforceable, in which case the alleged consent of the consumer for such DRMs gets negated and the software with all its DRM limitations could be considered as ‘defective’.</p>
<p style="text-align: justify; "><b>Conclusion</b><br />From the discussion above it is clear that the nature of online transactions and digital goods presents certain unique problems for the legal regime which seeks to protect consumer rights. The law needs to be amended to take into account the unique circumstances of this fledging marketplace that exists online and ensure that the legal regime is fully capable of facing the challenges thrown up by e-commerce. One of the initiatives in this regard is the effort by Consumers International to include amendments in the Model <a class="external-link" href="http://www.consumersinternational.org/who-we-are/un-guidelines-on-consumer-protection#.UgNj_6xWygg">United Nations Guidelines for Consumer Protection</a> to include various provisions which deal with the online marketplace and its unique challenges as well as issues relating to access to knowledge (A2K). Perhaps it is time for the establishment in India to also take this into account and bring our quarter of a century old consumer protection legislation in line with the digital age.</p>
<ol> </ol>
<hr />
<p>[<a href="#fr1" name="fn1">1</a>]. <a class="external-link" href="http://goo.gl/Mh74vB">http://goo.gl/Mh74vB</a></p>
<p>[<a href="#fr2" name="fn2">2</a>]. <a class="external-link" href="http://goo.gl/By5x3i">http://goo.gl/By5x3i</a></p>
<p>[<a href="#fr3" name="fn3">3</a>]. <i>Tata Consultancy Services</i> v. <i>State of Andhra Pradesh</i>, 5 November, 2004, available at <a class="external-link" href="http://goo.gl/Bn7KRp">http://goo.gl/Bn7KRp</a></p>
<p>[<a href="#fr4" name="fn4">4</a>]. <a class="external-link" href="http://goo.gl/lMdoI">http://goo.gl/lMdoI</a></p>
<p>[<a href="#fr5" name="fn5">5</a>].<a class="external-link" href="http://goo.gl/Bn7KRp">http://goo.gl/Bn7KRp</a></p>
<p>[<a href="#fr6" name="fn6">6</a>]. <i>Henderson</i> & others v.<i> Stevenson</i>, 1875 2 R (HL) 71, <i>Interfoto Picture Library</i> Ltd v<i>. Stiletto Visual</i> Programmes Ltd. [1988] 1 All ER 348.</p>
<p>[<a href="#fr7" name="fn7">7</a>]. <i>Harbutt's</i> "<i>Plasticine</i>" <i>Ltd. </i>v<i>. Wayne Tank and Pump Co Ltd</i> [1970] 1 QB 447.</p>
<p>[<a href="#fr8" name="fn8">8</a>]. <i>Lily White</i> v. <i>R. Mannuswami</i>, AIR 1966 Mad.13.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/are-indian-consumers-laws-ready-for-digital-age'>https://cis-india.org/a2k/blogs/are-indian-consumers-laws-ready-for-digital-age</a>
</p>
No publishervipulConsumer RightsFeaturedAccess to Knowledge2013-08-08T11:52:40ZBlog EntryInstitute on Internet & Society: Event Report
https://cis-india.org/telecom/knowledge-repository-on-internet-access/institute-on-internet-and-society-event-report
<b>The Institute on Internet and Society organized by the Centre for Internet and Society (CIS) with grant supported by the Ford Foundation took place from June 8 to 14, 2013 at the Golden Palms Resort in Bangalore.</b>
<p style="text-align: justify;">A total of 20 participants spent the seven days in a residential institute, learning about the fundamental technologies of the Internet and topics on which CIS has expertise on such as Accessibility, Openness, Privacy, Digital Natives and Internet Governance.</p>
<p style="text-align: justify;">The participants belonged to various stakeholder groups and it provided a common forum (first of its kind in India) to discuss and share ideas. Twenty-four expert speakers from various domains came to share their knowledge and speak about their work, so as to encourage activity in the field and supply resources from which participants could learn to increase their accessibility, range and funding possibilities, as well as network with the speakers and amongst themselves.</p>
<p style="text-align: justify;">The Institute has triggered a number of follow-up events — those that the participants organized themselves with the help of CIS staff, including Crypto Parties in Bangalore, Delhi and Mumbai, that taught netizens to keep their online communication private. In addition to that, the CIS Access2Knowledge (A2K) team could rope in eight new Wikipedians who will contribute to Wikipedia in Indic languages.</p>
<p style="text-align: justify;">The day wise talks and activities that took place are listed below:</p>
<hr />
<h2 style="text-align: justify;">Day 1: June 8, 2013</h2>
<p style="text-align: justify;">The seven day residential Institute began on Saturday, the 8th of June with a warm welcome by Dr. Ravina Aggarwal and Dr. Nirmita Narasimhan. They outlined the purpose of the residential institute and briefly went over the topics which would get covered over the week long duration. This was followed by each of the participants introducing themselves briefly and also stating their expectations from the Institute, why they were attending the same and what they hope to get at the end.</p>
<p style="text-align: justify;"> </p>
<h3>Session 1: History of the Internet</h3>
<p>(by Pranesh Prakash and Bernadette Längle)</p>
<table class="listing">
<tbody>
<tr>
<td>
<p><img src="https://cis-india.org/home-images/Pranesh.png/@@images/539b71f7-111a-4700-a90b-17cbdb5589bc.png" alt="" class="image-inline" title="Pranesh Prakash" /></p>
<p style="text-align: justify;"><em>Above is a picture of Pranesh Prakash <br />speaking about the History of the Internet during <br />the first session on Day 1.</em></p>
</td>
<td>
<p style="text-align: justify;">The Institute proceedings kicked off with the first session, <strong>History of the Internet</strong> by Pranesh Prakash and Bernadette Längle. Participants learned where the Internet originally came from and how it is organized, as well as different technologies surrounding the Internet. Pranesh Prakash and Bernadette Längle set the start point of the Internet in the late 50's when the Russians send the first satellite in space (Sputnik) and the US founded the DARPA(<em>Defense Advanced Research Projects Agency</em>), a research agency that was tasked with creating new technologies for military use. DARPA is credited with development of many technologies which have had a major effect on the world, including computer networking, as well as NLS, which was both the first hypertext system, and an important precursor to the contemporary ubiquitous graphical user interface (GUI). A few years later the first four computers were connected to a network.</p>
</td>
</tr>
</tbody>
</table>
<p style="text-align: justify;">After the Network Control Protocol (NCP, later replaced by the TCP/IP) was invented in 1970, the first applications were made: email (connecting people), telnet (connecting computers) and the file transport protocol (FTP) (connecting information) — all of these are still in use today. Participants were surprised to learn that the Web, most commonly used today, known to be invented by one single person in the 90's, actually existed for a long time prior to the '90s.</p>
<p style="text-align: justify;"><strong>VIDEO</strong></p>
<iframe src="//www.youtube.com/embed/p4iFqDnhNZI" frameborder="0" height="250" width="250"></iframe>
<h3 style="text-align: justify;">Session 2: Domestic Bodies and Mechanisms</h3>
<p style="text-align: justify;">(by Pranesh Prakash)<br />After lunch, Pranesh Prakash led the second session about Domestic Bodies and Mechanisms and he started with some of the problems associated with the Domestic Regulatory Bodies:</p>
<ol>
<li>Lack of coherence and consistency in Internet related policies</li>
<li>Rather than co-operating, the different agencies compete with each other.</li>
<li>Communication with the public is of different degrees and openness of different agencies varies.</li></ol>
<ul>
<li style="text-align: justify;">Department of Electronics and Information Technology (DEITY), is one of the most important public agencies & the CERT-in focuses on issues like malware and content regulation. There is also the STQC (Standard Setting and Quality Setting Body).</li>
<li style="text-align: justify;">The work of these organizations is to govern the Internet, bring about better privacy policies and ensure freedom of speech.</li>
<li style="text-align: justify;">Other governing bodies include DOT (Department of Telecommunications) which governs the telecom and internet policies of India. In India, certain content regulation takes place under a notification as part of the IT Act, 2003.</li>
<li style="text-align: justify;">TRAI (Telecom Regulatory Authority of India) also looks into the tariff, interconnections and quality of telecom sector, spectrum regulation and so on.</li>
<li style="text-align: justify;">The USOF (Universal Service Obligation Fund) seeks to provide funds for setting up telecom services in rural areas.</li>
<li style="text-align: justify;">Ministry of Information and Broadcasting (MIB) has been extending copyright restrictions to online publications.</li></ul>
<h3> VIDEO<br /></h3>
<iframe src="//www.youtube.com/embed/e0VlI12fODE" frameborder="0" height="250" width="250"></iframe>
<h3>Session 3: Emerging trends in Internet usage in India</h3>
<p>(by Nandini C and Vir Kamal Chopra)<br /><strong>Emerging Trends in Internet Usage with specific focus on BSNL offerings</strong> (by Vir Kamal Chopra)<br />Some of the salient points discussed were:</p>
<p></p>
<p> </p>
<ul>
<li style="text-align: justify;">In 1995, the VSNL provided internet in 4 metros of India, by 1998 DOT had provided internet in 42 cities.</li>
<li style="text-align: justify;">Some of the facilities internet provides include Tele-education, Tele-medicine, mobile banking, payment of bills via mobile internet, etc.</li>
<li style="text-align: justify;"> BSNL has got maximum broadband market share in India.</li>
<li style="text-align: justify;"> Present Scenario, there are 900 million mobiles in India, 430 million wireless connections with capability to access data.</li>
<li style="text-align: justify;"> The total broadband connections are 15 million in country, 10 million provided by BSNL.</li>
<li style="text-align: justify;"> Total internet users are 120 million with a growth rate of 30%.</li>
<li style="text-align: justify;"> Public access is not only about network intermediaries but about info-mediaries who understand internet.</li>
<li style="text-align: justify;"> BSNL lost Rs 18,000 crores from 3G license.</li>
<li style="text-align: justify;"> 2G to 3G shifting is not seamless and leads to lot of packet loss, and 3G coverage is not as extensive as 2G. Thus 3G is not efficient however; the government has made a lot of money from selling 3G licenses.</li>
<li style="text-align: justify;"> Future trends include technology trends for internet access, optical fiber technologies, fiber to the curb, fibre to the home, metro Ethernet, etc. </li>
<li style="text-align: justify;">Internet has created an online Public sphere.</li>
<li style="text-align: justify;"> In 2000 Parliament passed the Information Technology Act 2000 and the dot.com boom is seen.</li></ul>
<p style="text-align: justify;"><strong>Making internet access meaningful in the Indian Context</strong> (by Nandini.C) <br />(<a class="external-link" href="http://internet-institute.in/repository/womens-access-to-the-internet">Click to see the presentation slides</a>)<br />Some of the salient points discussed were: <br /></p>
<p style="text-align: justify;"> </p>
<ul>
<li style="text-align: justify;">Status of internet access today sees low level of overall penetration of internet, high rate of household mobile penetration and huge rural-urban divide in internet access.</li>
<li style="text-align: justify;"> Relationship b/w women and internet in India</li>
<li style="text-align: justify;"> 8.4% of women in India have access to internet in India and 43% of women using internet in India perceived it as being an important part of their life.</li>
<li style="text-align: justify;"> Some area of concerns include ensuring adequate access of internet for the women, entrenched patriarchies, contextual relevance, the imaginary of ‘public access’.</li>
<li style="text-align: justify;">The importance of an existing strong social support network, ITC itself cannot open up economic/social empowerment opportunities for women</li>
<li style="text-align: justify;"> ICT-enabled micro-enterprises may also force the burden of double work on women, who undertake both productive activities for the micro-enterprise and re/productive activities for the household.</li>
<li style="text-align: justify;"> The Internet today has created an online public sphere.</li>
<li style="text-align: justify;"> Countering the threat of online violence.</li>
<li style="text-align: justify;"> Censorship and content regulation.</li>
<li style="text-align: justify;"> Women’s rights and the spaces of internet governance.</li>
<li style="text-align: justify;"> Arbitrary censorship and self-regulation by the corporate and slide towards an illusory freedom; state is used as a bogeyman by corporate to create an online culture that is suitable to the corporate values.</li></ul>
<p> <strong>VIDEO</strong></p>
<p><iframe src="http://www.youtube.com/embed/CUaGZh5nNR4" frameborder="0" height="250" width="250"></iframe></p>
<p><strong><br /></strong></p>
<div id="_mcePaste" style="text-align: justify;"><strong>Activity</strong><br />Day 1 featured an interesting activity called the Creative Handshake. The goal of the game was to teach the participants the concept of "Handshake" in Internet terms and why it is important to make sure that integrity of data transferred is maintained.</div>
<hr />
<h2 style="text-align: justify;">Day 2: June 9, 2013</h2>
<p style="text-align: justify;">The focus of the second day was more on the nuts and bolts behind the working of the Internet by Dr. Nadeem Akhtar, Wireless Technologies and a case-study in Air Jaldi by Michael Ginguld, Collaborative Knowledge base building by Vishnu Vardhan and Affordable Devices on the Internet by Ravikiran Annaswamy.</p>
<p style="text-align: justify;">The salient points of each of the talks are listed below.</p>
<h3 style="text-align: justify;">Session 1: How Internet Works</h3>
<p>(by Nadeem Akhtar)<br /><a class="external-link" href="http://internet-institute.in/repository/how-internet-works">Click to read the presentation slides</a></p>
<ul>
<li>Internet structure and hierarchy:<br />
<ol>
<li style="text-align: justify;">Data Networks comprise of set of nodes, connected by transmission links, for exchange of data between nodes. </li>
<li style="text-align: justify;">Some of the key principles which underpin data networks include digital transmission, multiplexing and data forwarding/routing.</li></ol>
</li>
<li>Data networks through ownership include public and private networks.</li>
<li>Data networks through coverage include local area networks (small area), metro area networks (may comprise of a city) and wide area networks (wide geographic area across cities).</li>
<li>Protocols include:<br />
<ol>
<li style="text-align: justify;">Open systems interconnection (OSI) model divides a communication system into smaller parts. Each part is referred to as a layer. Similar communication functions are grouped into logical layers.</li>
<li style="text-align: justify;">OSI model defines the different stages that data must go through to travel from one device to another over a network & this enables a modular approach towards developing complex system functionality i.e. functionality at layer X does not depend on how layer Y is implemented.</li></ol>
<table class="listing">
<tbody>
<tr>
<th><img src="https://cis-india.org/home-images/Nadeem.png" alt="" class="image-inline" title="Nadeem Akhtar" /></th>
</tr>
<tr>
<td><em>Above is a picture of Dr. Nadeem Akhtar speaking on the working of the internet on Day 2</em></td>
</tr>
</tbody>
</table>
</li>
<li>Internet networks or connections.</li>
<li style="text-align: justify;">Internet backbone refers to the principal data routes between large, strategically interconnected networks and core routers on the internet and these data routes are hosted by commercial, government, academic and other high-capacity network centers, the internet exchange points and network access points. The internet back bone is decentralized.</li>
<li style="text-align: justify;">Transit Service - Passing information from small ISP to large ISP.</li>
<li style="text-align: justify;">Peering Service - The passing of information between two similar ISP’s os similar size to let network traffic pass.</li>
<li style="text-align: justify;">Three levels of network Tier1, Tier2 and Tier 3. TATA Company is the only Tier 1 Indian Company.</li>
<li style="text-align: justify;">Backhaul- Transport Links which connects access edge networks with the ‘core’ network. The transmitters have to be mounted on a high level. </li></ul>
<p> <strong>VIDEO</strong></p>
<iframe src="//www.youtube.com/embed/8skb7ykF9jI" frameborder="0" height="250" width="250"></iframe>
<h3>Session 2: Wireless Technologies</h3>
<p>(by Michael Ginguld)<br /><a class="external-link" href="http://prezi.com/tjaiatxtz1ch/walking-on-the-wireless-side/">Click to read the presentation slides</a></p>
<ul>
<li>We are surrounded by electromagnetic radiation</li>
<li>All about transmission waves and there are both advantages and disadvantages of the same:<br />
<ol>
<li style="text-align: justify;">Pros: higher reach for lower price, overcomes topographic challenges, lower maintenance, less to damage/lose</li>
<li style="text-align: justify;">Cons: limited resources, maintenance (energy), physical limitations to transfer rates.</li></ol>
</li>
<li style="text-align: justify;">Satellite/VSAT is a very small aperture tech: a small satellite dish that connects to a geo-static satellite.</li>
<li style="text-align: justify;"> Strength: globally usable, can connect from anywhere.</li>
<li style="text-align: justify;"> Weakness: signal problems, relatively high installation charge, upstream connection is lower than the downstream, transmitter on satellite is extremely expensive, hence limitation on transmission capacity of the satellite.</li>
<li style="text-align: justify;"> VSATs are not scalable. It is a dead-end tech for usages where data transmission volume is expected to grow.</li>
<li style="text-align: justify;"> 2G Technology for mobile connection.</li>
<li style="text-align: justify;">Limitation in transfer of data, due to technology and encryption limitations but great availability and reasonable price.</li>
<li style="text-align: justify;">3G Technology has a problem in India; low uptake, leading to low investment, leading to low speed, leading to low uptake. The technology allows for high-speed data transfer but the market condition in India still does not make adequate infrastructural support feasible.</li>
<li style="text-align: justify;">4G license auction.</li>
<li style="text-align: justify;">A company bought the country-wide 4G license in the auction. Mukesh Ambani bought the company after some days.</li>
<li style="text-align: justify;">The present legislation does not allow for VoIP-based Telco operation but that is expected to change soon.</li>
<li style="text-align: justify;">Wifi technology is wireless technology. It is low cost wireless transfer of data. The Public dissemination of the ranges in which data transfer using the WiFi protocol can take place. It was made public in India in January 2005.<br />
<ol>
<li>Limitations: needs line of sight, limit to data transfer.</li>
<li>Strength: cheap, de-licensed spectrum usage, easily deployable. </li></ol>
</li>
<li style="text-align: justify;"> 2G spectrum, 3G spectrum and now 4G spectrum all are part of the wireless technology.</li>
<li style="text-align: justify;">Air Jaldi started in Dharamshala; building wifi connection spanning campuses.</li>
<li style="text-align: justify;"> Three types of consumer categories: (1) no coverage, (2) under-served, and (3) ‘deserving clients’. #2 is the most common group. #3 are people who should be served but cannot pay fully for the service, hence are cross-subsidised by group #2.</li>
<li style="text-align: justify;"> Deployed and managed by local staff, trained by AirJaldi.</li>
<li style="text-align: justify;"> Customer premise equipment: Rs. 3-4k.</li>
<li style="text-align: justify;"> User charges: Rs 975 per month for 512 kbps, Rs 1500 per month for 1 mbps.</li>
<li style="text-align: justify;"> Content: by and large, AirJaldi brings infrastructure on which content can ride on, teams with various content providers (like e-learning, rural BPOs, local e-banking etc) for the content side. The biggest drivers are local BPO, banking and retail. The next big driver coming up is entertainment.</li>
<li style="text-align: justify;"> WiMax includes 4g spectrum. </li></ul>
<p> <strong>VIDEO</strong></p>
<iframe src="//www.youtube.com/embed/btd4MqOSRe0" frameborder="0" height="250" width="250"></iframe>
<h3 style="text-align: justify;">Session 3: Building Knowledge Bases and Platform via Mass Collaboration on the Internet</h3>
<p><a class="external-link" href="http://commons.wikimedia.org/wiki/File:Building_Knowledge_Bases_and_Platforms_via_Mass_Collaboration_on_the_Internet.pdf">Click to read the presentation slides</a></p>
<table class="listing">
<tbody>
<tr>
<td style="text-align: justify;">
<p>The session started off with some physical activity in the form of "Kasa Kasa Warte, Chan Chan Warte" to break off the lunch induced sleep and a mental activity where the participants were divided into two groups and both the groups were asked to collect information on "Water". One group was left to itself while the other had some expert inputs from Vishnu Vardhan on how to collaborate and organize the data. After the activity, both teams presented the information that they had collected on "Water".</p>
<p>The benefits of collaborative authoring such as "everyone's voice is heard", "various inputs leading to a multi-dimensional thinking" etc were evident as against a single dimensional thought process that was seen from the group that was un-assisted.</p>
</td>
<td><img src="https://cis-india.org/home-images/Participant.png/@@images/0bd8de0e-6e85-4100-80c7-070dd046fabf.png" alt="" class="image-inline" title="Participants" /><br /><em>Given above is a picture of the participants involved in a group activity</em></td>
</tr>
</tbody>
</table>
<p></p>
<p style="text-align: justify;"> </p>
<p style="text-align: justify;">Salient points discussed during the presentation:</p>
<p style="text-align: justify;"></p>
<p style="text-align: justify;"> </p>
<ul>
<li style="text-align: justify;">The Concept of Knowledge today is not something of modern phenomena, but it is something which has been existent since print culture was developed. Print technology shapes what we consider as knowledge, and hence as knowledge platform </li>
<li style="text-align: justify;">Techno-sociality of knowledge production</li>
<li style="text-align: justify;">The Concept of Knowledge today is not something of modern phenomena, but it is something which has been existent since print culture was developed. Print technology shapes what we consider as knowledge, and hence as knowledge platform </li>
<li style="text-align: justify;">Techno-sociality of knowledge production<br />Examples of knowledge platforms:<br />
<ol>
<li>Baidu baike </li>
<li> English wikipedia </li>
<li> Hudong </li>
<li>Catawiki </li>
<li>Wikieducator </li>
<li>Open street map </li>
<li>Pad.ma </li>
<li> Sahapedia </li>
<li> Internet archive </li>
<li> Jstor </li>
<li> Dsal </li>
<li> Dli</li></ol>
</li>
<li style="text-align: justify;"> In 1994 Cunningham developed the ‘Wiki Wiki Web’ also known as the ‘Ward Wiki’. Basically it is a knowledge platform.</li>
<li style="text-align: justify;"> Internet since then has been used for dissemination of information especially in the education sector. Digital Archived have developed over the years which provide information across various platforms like Wikipedia.</li>
<li style="text-align: justify;"> The spread of the internet has made possible the building of knowledge bases by seamless and mass collaboration. </li></ul>
<p><strong> Generic challenges for Wikipedia</strong></p>
<p></p>
<p> </p>
<ul>
<li>Quality, relevance, consistency of knowledge </li>
<li>Suitable motivation of the contributors</li>
<li>Another issue is the scalability</li></ul>
<p>Some of the problems faced by Indian Wikipedian pages:</p>
<ul>
<li style="text-align: justify;">Technical infrastructure for Indian languages </li>
<li style="text-align: justify;">Typing in the regional language </li>
<li style="text-align: justify;">OCR: complexity of Indian language scripts</li>
<li style="text-align: justify;">Various other technical troubles like browser compatibility, font display, etc., which deter new users</li>
<li style="text-align: justify;">Dearth of quality content available in digital format</li>
<li style="text-align: justify;">Different standards/formats/generations (gov.in/DLI)</li>
<li style="text-align: justify;">Relative lack of research/academic standards, which is transferred on to Indic wikipedias. </li>
<li style="text-align: justify;">Lack of knowledge sharing culture.</li>
<li style="text-align: justify;">Building a mass knowledge platform is the need of the hour.</li>
<li style="text-align: justify;">The platform should be user friendly, easily available and adoptable; offline outreach is key to effective use of online platforms.</li>
<li style="text-align: justify;">The programme should have feedback loop key, behavior statistics data, reinvent and replicate the programme, multi-channel awareness, ‘user connect’ programmes.</li>
<li style="text-align: justify;">The people should communicate knowledge sharing objectives, make knowledge sharing fun, appoint ambassadors; virtual volunteer community building looks simple but its complex and leads to failure.</li></ul>
<p> <strong>VIDEO</strong></p>
<iframe src="//www.youtube.com/embed/2cM7CZ2hMeg" frameborder="0" height="250" width="250"></iframe>
<h3>Session: 4 Affordable Devices to access the Internet</h3>
<p>(by Ravikiran Annaswamy)<br /><a class="external-link" href="http://internet-institute.in/repository/MeetMobileInternet.pdf">Click to read the presentation slides</a></p>
<table class="listing">
<tbody>
<tr>
<td><img src="https://cis-india.org/home-images/Ravikiran.png" alt="" class="image-inline" title="Ravikiran Annaswamy" /></td>
</tr>
<tr>
<td><em>Given above is a picture of the speaker Ravikiran Annaswamy giving a demo of the low cost Akash tablet</em>.</td>
</tr>
</tbody>
</table>
<p></p>
<p> </p>
<ul>
<li>Overview of Affordable Mobile Phones such as Lava Iris, Karbonn A1, Nokia Asha, etc.</li>
<li>Overview of Affordable Tablets such as Aakash, Ubislate, Karbonn Smart A34, etc.</li>
<li> The number of Internet users in India is expected to nearly triple from 125 million in 2011 to 330 million by 2016, says a report by Boston Consulting Group.</li>
<li> How Internet Penetration impacts society.</li>
<li> Demo of the devices.</li>
<li> Need for Mobile Internet</li>
<li> Sugata Mitra & Arvind Eye Care examples.</li></ul>
<p> <strong>VIDEO</strong></p>
<iframe src="//www.youtube.com/embed/TUcbcFaX-v4" frameborder="0" height="250" width="250"></iframe>
<hr />
<h2>Day 3: June 10, 2013</h2>
<p style="text-align: justify;">The third day of the Institute focussed on Wired means of accessing the Internet, the technology involved followed by an assignment time where the participants were introduced to 2 topics and asked to work on an assignment. This was followed by a site visit in the afternoon to MapUnity. <strong>MapUnity</strong> develops technology to tackle social problems and development challenges. Their GIS, MIS and mobile technologies are used mostly by government departments and civil society organisations and in the R&D initiatives of commercial ventures.</p>
<h3 style="text-align: justify;">Session 1: Wired Access Technology</h3>
<p>(by Dr. Nadeem Akhtar)<br /><a class="external-link" href="http://internet-institute.in/repository/wired-access-nadeem-akhtar">Click to read the presentation slides</a></p>
<p>Some of the salient points discussed were:</p>
<p><strong>Wired and Wireless</strong></p>
<p></p>
<p> </p>
<p>Wired:</p>
<ul>
<li>Separate communication channel for each users</li>
<li> Low signal attenuation</li>
<li> No interference</li>
<li> Fixed point-of-attachment</li></ul>
<p>Wireless:</p>
<ul>
<li> Shared medium of communication</li>
<li> Signal is attenuated by a number of factors</li>
<li> Interference between adjacent channels</li>
<li> Points-of-attachment can be changed on-the-fly</li></ul>
<p>Ethernet:</p>
<ul>
<li style="text-align: justify;"> A family of computer networking technologies for LANs which was Invented in 1973 and commercially introduced in 1980. The systems communicating over ethernet divide a stream o data into individual packets called frames. Each frame contains source and destination addresses and error-checking data so that damaged data can be detected and re-transmitted.</li>
<li style="text-align: justify;"> Ethernet, by definition, is a broadcast protocol</li>
<li style="text-align: justify;"> Any signal can be received by all hosts</li>
<li style="text-align: justify;"> Switching enables individual hosts to communicate</li></ul>
<p>Digital subscriber line (DSL):</p>
<ul>
<li style="text-align: justify;"> DSL uses existing telephone lines to transport data to internet subscribers and the term xDSL is used to refer to a number of similar yet competing forms of DSL technologies which includes ADSL, SDSL, HDSL, HDSL-2, G.SHDL, IDSL, and VDSL. DSL service is delivered simultaneously with wired telephone service on the same telephone line and this is possible because DSL uses higher frequency bands for data.</li></ul>
<p>Asymmetric DSL (ADSL):</p>
<ul>
<li> ADSL is the most commonly installed technology and an ADSL tech can provide maximum downstream speeds of up to 8 mbps.</li></ul>
<p>Modem and router:</p>
<ul>
<li> Modem is specific to a technology</li>
<li style="text-align: justify;"> Modem is de/modulator, it takes bits coming from one protocol/technology, demodulates it (converts it into original data), and re-modulated the original data to another protocol/technology.</li>
<li style="text-align: justify;"> Router allows creation of a local area network, allowing multiple devices to connect to the network and access internet together through the router. It has very high bitrate DSL (VDSL) and goes up to 52 mbps downstream and 16 mbps upstream. The length of the physical connection is limited to 300 meters and the second generation VDSL (CDSL2) provides data rates up to 100 mbps simultaneously in both direction, but maximum available bit rate is still achieved about 300 meters.</li></ul>
<p>Cable:</p>
<ul>
<li style="text-align: justify;"> Cable broadband uses existing CATV infrastructure to provide high-access internet access; uses channels specifically reserved for data transfer</li>
<li style="text-align: justify;"> Support simultaneous access to broadband and TV programs</li>
<li style="text-align: justify;">Cable access tech is built for one-way transmission; hence some congestion takes place for bi-way data transfer, leading to much lower upstream connection relative to downstream connection for data.</li></ul>
<p>Fiber:</p>
<ul>
<li style="text-align: justify;"> It is a generic term for any broadband network architecture using optical fiber; fiber to the neighborhood; fiber to the curb; the street cabinet is much closer to the user’s premises, typically within 300m, thus allowing ethernet or radio-based connection to the final users; fiber to the basement; fiber to the home (BSNL already providing); fiber to the desktop</li>
<li style="text-align: justify;"> Passive optical networks (PON)</li></ul>
<p>Advantages of fiber:</p>
<ul>
<li> Immunity to electromagnetic interference.</li>
<li> Provides very high data rates at long distances.</li>
<li style="text-align: justify;"> When network links run over several 1000s of meters (e.g., metro area networks), fiber significantly outperforms copper.</li>
<li style="text-align: justify;"> Replacing at least part of these links with fiber shortens the remaining copper segments and allows them to run much faster.</li>
<li style="text-align: justify;"> The data rate of a fiber link is typically limited by the terminal equipment rather than the fiber itself.</li></ul>
<p style="text-align: justify;"><strong>Assignment</strong><br />Participants were given two options for an assignment to work on in the coming days and they could choose either one.</p>
<p>Assignment A<br />The Universal Service Obligation Fund of India has put out a Call for Proposals under two schemes:</p>
<ul>
<li>Mobile Connectivity and ICT related livelihood skills for womens’ SHGs (<a href="http://www.usof.gov.in/usof-cms/pdf21may/Concept_Paper.pdf%29">http://www.usof.gov.in/usof-cms/pdf21may/Concept_Paper.pdf)</a>, and</li></ul>
<ul>
<li style="text-align: justify;">Access to ICTs and ICT enabled services for persons with disabilities in rural India. (<a href="http://www.usof.gov.in/usof-cms/usofsub/Concept%20paper_USOF%20Scheme_PwDs_A.G.Gulati.pdf">http://www.usof.gov.in/usof-cms/usofsub/Concept%20paper_USOF%20Scheme_PwDs_A.G.Gulati.pdf</a>)</li></ul>
<p style="text-align: justify;">Your NGO is committed to the task of facilitating access to the Internet for women/ persons with disabilities in rural parts of Kerala and wishes to submit a proposal/ project idea in partnership with a service provider to the USOF.</p>
<p style="text-align: justify;">Assignment B<strong><br />You</strong> are a member of the ancient tribe of Meithis residing in Manipur. Over the years, there is a strong feeling in your community that although the Government has rolled out projects to connect the rural areas throughout India, these have not been successful for your tribe and there is still even a lack of basic fixed telephony, let alone mobile and broadband services. You have hence come to the conclusion that there is a need for focused efforts to target such communities as yours and have decided to submit a concept note to the USOF requesting that ‘ethnic and rural tribal communities’ be specifically included within the mandate of the USOF’s activities by defining them as an ‘underserved community’.</p>
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<th><img src="https://cis-india.org/home-images/Raveena.png" alt="" class="image-inline" title="Participants in Discussion" /></th>
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<td><em>Given above is a picture of the participants engaged in a discussion.</em> </td>
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<p style="text-align: justify;"></p>
<p style="text-align: justify;"> </p>
<p style="text-align: justify;"><strong>Field Trip - Destination: MapUnity.</strong> <strong><br />MapUnity</strong> develops technology to tackle social problems and development challenges. Their GIS, MIS and mobile technologies are used mostly by government departments and civil society organisations, and in the R&D initiatives of commercial ventures. MapUnity presented their product offerings to the participants.</p>
<p style="text-align: justify;"><strong>VIDEO</strong></p>
<iframe src="http://blip.tv/play/AYOT%2BQwA.html?p=1" frameborder="0" height="250" width="250"></iframe><embed type="application/x-shockwave-flash" src="http://a.blip.tv/api.swf#AYOT+QwA" style="display:none"></embed>
<hr />
<h2 style="text-align: justify;">Day 4: June 11, 2013</h2>
<h3>Session 1: Universal Access</h3>
<p>(by Archana Gulati)<br /><a class="external-link" href="http://internet-institute.in/repository/UniversalServiceConceptsandPractices_Archana.G.Gulati.pdf">Click to read the presentation slides</a></p>
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<td><img src="https://cis-india.org/home-images/Archana.png/@@images/a1f18756-20b4-4732-b032-502b59078819.png" alt="" class="image-inline" title="Archana" /><br /><br />
<p style="text-align: justify;"><em>Given above is a picture of Archana Gulati speaking on Universal Access</em>.</p>
</td>
<td>
<p style="text-align: justify;">Tuesday revolved around questions of access and openness. The day kicked off with Archana Gulati, a policy expert in access to ICTs for people with disabilities talking on <strong>Universal Access</strong>.</p>
<p style="text-align: justify;"></p>
<p style="text-align: justify;"> </p>
<p style="text-align: justify;">Ms. Gulati stressed the importance of ICTs for social development. ICTs are a necessary aid in development structures including education, health and increased citizen participation in national affairs & they provide crucial knowledge inputs into productive activities. However, even with the Telecom boom, there still exists an access gap in India, which cannot be covered by commercially viable systems.</p>
<p> </p>
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<p style="text-align: justify;">This 'actual access gap' exists because of geographic (scattered population, low income, low perceived utility of service, lack of commercial/industrial customers, lack of roads, power, difficult terrain, insurgency), economic (urban poor) and social inequality (gender, disabilities) differences. To achieve Universal Access or Universal Service, additional efforts must be made, so as to include these groups. However, Universal Access and Universal Service, while they may imply the same thing, are very different approaches to deal with the problematic access gap.</p>
<p style="text-align: justify;">Universal service, a term coined by Theodore Vail, president of AT&T in 1906, argued that the government should enforce the usage of only one network. This approach suggests a monopolization of the market and goes against the liberal market principle.</p>
<p style="text-align: justify;">Universal access on the other hand suggests cross-subsidizing the low and no profit service areas by high profit service areas. However, this results in the urban population to get over-charged while the rich rural areas benefit from rural subsidizing.</p>
<p style="text-align: justify;">So how do we enable a fair and inexpensive network to be able to create access for a large number of people equally? <br />Ms. Archana Gulati went on to introduce the Sanchar Shakti scheme as a contribution to national access in India. It was initiated with the objective of improving rural SHG access skills, knowledge, financial services and markets through mobile connections and involved several stakeholders like NABARD, handset/modem manufacturers, DoT USOF, Mobile VAS Providers, Lead NGOs, Mobile Service Providers.</p>
<p style="text-align: justify;">This scheme shows how important is, for the commercial, private and public sector to work together on obtaining accessibility to ITCs.</p>
<h3 style="text-align: justify;">Session 2: Free and Open Internet</h3>
<p style="text-align: justify;">(by Pranesh Prakash) <br />The following session by Pranesh Prakash on <strong>Free and Open Internet</strong> showed how the internet can still be a restrictive place which does not allow for internet equality. His talk focussed on the concepts of free and open Internet. Prakash started by stating the Freedom of Speech and Expression Article of the Indian Constitution and in an interactive round it was discussed, how these articles are fundamental for securing other basic human rights. This was demonstrated by an example in which the distribution of food did not proceed equally, as misinformation and restrictions led to an inappropriate hoarding of goods. Therefore, it is important for everyone to have that right. In fact, the Indian constitution formulates Article 19 in a positive way, implying not only everyone should have that right, but that the government must promote the upholding of these rights.</p>
<p style="text-align: justify;">However, in the case of Article 66a, the law actually caused a problem with freedom of speech in itself, as it penalizes sending false and offensive messages through communication services. This is a massive impediment on free speech, as outsiders decide upon what is offensive and what is false.</p>
<p style="text-align: justify;">The other side of freedom of speech and expression is censorship. Online, the removal of websites and editing of content often happens quietly and obscures the fact that someone or something is being censored. Unlike book burnings in the past, which were always made a big political spectacle, often websites are simply removed without a trace, or one is faced with a 404 error, when trying to access it. Because of the offensive content law, journals and magazines are quick to remove supposedly offensive content, as it seems more difficult to engage in argument with the people claiming offense. The CIS proposed a counter-law to secure for this to happen less, as freedom of speech includes the freedom to receive that speech.</p>
<p style="text-align: justify;"><strong>VIDEO</strong></p>
<iframe src="//www.youtube.com/embed/SGxYxLEA8OY" frameborder="0" height="250" width="250"></iframe>
<h3 style="text-align: justify;">Session 3: Openness</h3>
<p style="text-align: justify;">(by Sunil Abraham)</p>
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<p style="text-align: justify;">Next to ensuring freedom of speech and access, the third session of the day focussed on Openness in terms of Open Source software. Sunil Abraham, CIS executive director, stated the importance of free software and open access of data, as they ensure what he called the four freedoms of internet usage, namely the freedom to use for any purpose, the freedom to study, to modify and to share (freely or for a fee). Proprietary software imposes on these freedoms, as it only has restrictive use and a strong copyright. However, there are alternatives that have moderate copyrights, or so-called copy centred perspectives, or even copyleft, including the above mentioned rights into the terms of the software usage.</p>
</td>
<td><img src="https://cis-india.org/home-images/copy_of_Sunil.png/@@images/92ac30ac-90da-4fcd-a0b2-0469aa2ecc75.png" alt="" class="image-inline" title="Sunil Abraham" /><br /><br /><em>Above is a picture of Sunil Abraham speaking on Openness</em></td>
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<p style="text-align: justify;">In alignment with Sunil Abraham’s talk Pranesh Prakash criticized copyright law cutting into accessibility rights, as copyright infringements include translation into other languages, audio versions and also integral parts of education. The key is not to have a "one size fits all" copyright solution, as it is impossible to treat twitter content the same as a blockbuster movie. However, the government of India is doing exactly that and needs to interlink questions of access with copyright law.</p>
<p style="text-align: justify;"><strong>VIDEO</strong></p>
<iframe src="//www.youtube.com/embed/vqv7qai5c-s" frameborder="0" height="250" width="250"></iframe>
<h3 style="text-align: justify;">Session 4: Open Content</h3>
<p style="text-align: justify;">(by Prof. Subbiah Arunachalam)<br />Prof. Subbiah Arunachalam, who led the next session, discussed <strong>Open Content</strong>. He had seen during the course of his experience India's poor performance in Science & Technology and outlined the reasons for the same. The lack of access to information essential in scientific research and knowledge production, he said, was the major limiting cause.</p>
<p style="text-align: justify;"><strong>VIDEO</strong></p>
<iframe src="//www.youtube.com/embed/BFJyUTNzYvE" frameborder="0" height="250" width="250"></iframe>
<h3 style="text-align: justify;">Session 5: Quick Talk on Copyright Law and Access</h3>
<p>This short session dealt with implications of copyright law on internet access.</p>
<p></p>
<p> </p>
<p><strong>Activity</strong></p>
<p style="text-align: justify;">The participants were divided into two groups, and they were asked build as huge a network as possible with their personal belongings and present their creations. The participants had good ideas. One group placed their mobiles and laptops into the network to have them as nodes. The other group implemented the re-routing around censorship.</p>
<p style="text-align: justify;"><strong>VIDEO</strong></p>
<iframe src="//www.youtube.com/embed/nSLy1eRAndQ" frameborder="0" height="250" width="250"></iframe>
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<th><img src="https://cis-india.org/home-images/Network.png" alt="" class="image-inline" title="Networking" /></th>
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<td><em>Given above is a picture of the participants in an activity making the longest network possible with their personal belongings</em>.<br /><br /></td>
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<hr />
<h2 style="text-align: justify;">Day 5: (June 12, 2013)</h2>
<h3>Session 1: Privacy on the Internet in India</h3>
<p>(by Sunil Abraham and Elonnai Hickok)</p>
<p><a class="external-link" href="http://internet-institute.in/repository/privacy-on-the-internet-by-elonnai">Click to view the presentation slides</a></p>
<p></p>
<p> </p>
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<p><img src="https://cis-india.org/home-images/Elonnai.png" title="Elonnai" height="211" width="317" alt="" class="image-inline" /></p>
<p></p>
<p> <em>Given above is a picture of Elonnai Hickock speaking about privacy</em></p>
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<td style="text-align: justify;">
<p>The following day, June 12th started off with “Privacy” as the theme. The session Privacy on the Internet in India was led by CIS privacy experts Sunil Abraham and Elonnai Hickock.</p>
<p>In an exchange of anecdotes, it was made clear how there needs to be a certain degree of state surveillance to secure the citizens safety.</p>
<p>This can happen through off air interception and active or passive cell phone towers that can track mobile devices.</p>
<p>However, encryption is an important tool to secure one’s own privacy against cyber espionage.</p>
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<p></p>
<p> </p>
<p>Some of the salient points discussed were:</p>
<ul>
<li> Off-the Air Interception</li>
<li> Possible to set up active or passive cell phone tower. </li>
<li> The signal strength will be strong and everyone looks for it.</li>
<li> Capacity to identify itself as a service provider. </li>
<li> Interception can begin with encryption Technology today used by security agencies.</li>
<li> NTRO- national technical Research Org and Outlook </li></ul>
<p> <strong>VIDEO</strong></p>
<iframe src="//www.youtube.com/embed/PQWi9hHHSpc" frameborder="0" height="250" width="250"></iframe>
<h3>Session 2: E-Accessibility</h3>
<p>(by Nirmita Narasimhan)<br /><a class="external-link" href="http://internet-institute.in/repository/eAccessibility.pdf">Click to view the presentation slides</a></p>
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<th><img src="https://cis-india.org/home-images/copy_of_Eaccessibility.png" alt="" class="image-inline" title="E-accessibility" /></th>
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<td><em>Given above is a picture of Dr. Nirmita Narasimhan speaking on e-accessibility</em></td>
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<p>The second<strong> </strong>session was on<strong> “E-Accessibility” </strong>led by Dr. Nirmita Narasimhan<strong>. </strong>Some of the salient points discussed were:</p>
<p> </p>
<ul>
<li> Problems arising out of disability</li>
<li> Accessibility-Infrastructure and ICT</li>
<li> Assistive technologies for PWD’s.</li>
<li style="text-align: justify;"> Reasonable accommodation (not available or cannot be and requires extra effort and putting up an accessible copy up) and universal Design (for both for PWD’s and non-PWD’s).</li>
<li> Web Content Accessibility is operable and easily understandable. </li>
<li style="text-align: justify;"> Accessibility standards include; Daisy (6 types of books including audio and text books) is all about marking up the documents. Really a good way to read but is expensive and time consuming, also need Daisy tools and player to make it work.</li>
<li> In 1808 the first typewriter was developed to help the blind.</li>
<li> Considerations involved in Web Accessibility </li>
<li> Overlap b/w mobile accessibility and web accessibility.</li>
<li style="text-align: justify;"> Example- Raku Raku phone captured 60% of market share in Japan. It has many assistive features.</li>
<li style="text-align: justify;"> Relay Services has a middle man who passes on the message b/w different PWD’s in many countries, but it is not yet available in India.</li>
<li> PWD’s communicating with customer care – the issues involved. </li>
<li style="text-align: justify;"> Accessibility Policy- very few people are adopting accessible technologies. There is a need to have a strong policy. U.K. and U.S. already have strong policies related to accessible and assistive technology for PWD’s.</li></ul>
<p> <strong> Video</strong></p>
<iframe src="//www.youtube.com/embed/vI8mixgTgCM" frameborder="0" height="250" width="250"></iframe>
<h3>Session 3: International Bodies and Mechanisms</h3>
<p style="text-align: justify;">(by Tulika Pandey and Gaurab Raj Upadhyay)<br /><strong>Activity</strong><br />Gaurab incorporated an <strong>Activity</strong> into his talk to enable the students to have a clearer understanding of International Bodies and Mechanisms.</p>
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<th><img src="https://cis-india.org/home-images/Gaurab.png" alt="" class="image-inline" title="Gaurab" /></th>
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<td><em>Given above is a picture of the speaker Gaurab Raj Upadhaya explaining the International Bodies and Mechanisms</em></td>
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<p style="text-align: justify;"></p>
<p style="text-align: justify;"> </p>
<p>Some of the salient points discussed during his talk were:</p>
<ul>
<li> Definition: “Internet Governance is the development and application by Govt., the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures and programmes which shape the evolution and use of internet.”</li>
<li>It should be multilateral, transparent and democratic</li>
<li> Enhanced cooperation means to enable govt…</li></ul>
<p>Technical issues to keep in mind while talking about internet:<br /></p>
<p> </p>
<ol>
<li> Critical internet resources</li>
<li>Root server locations </li>
<li> Open Standards (CIS leads the initiative) </li>
<li> Interoperability </li>
<li> Search Engines </li>
<li> Internationalized Domain names (in own script & language) </li>
<li> Content</li></ol>
<p></p>
<p> </p>
<ul>
<li>Virtual yet real space and most important question to be understood is that whether, the governance of internet is possible?</li>
<li> Public Policy- to monitor cross-border data flow, Openness vs Privacy</li>
<li> India’s Outlook in internet policies-Pillars of Internet which is not fully addressed by the Indian government today. </li>
<li> Established an Inter- Ministerial Group by including various government departments into the arena.</li>
<li> Layer 0-7 Names and Numbers</li>
<li> Layer 8 and above</li>
<li> Applications and Usage </li>
<li> Legal business, policy, etc.</li></ul>
<h3>Session-4: E-Governance</h3>
<p>(by Tulika Pandey and Sunil Abraham)</p>
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<th><img src="https://cis-india.org/home-images/Tulika.png" alt="" class="image-inline" title="Tulika" /></th>
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<td><em>Given above is a picture of the speaker Tulika Pandey speaking about e-Governance</em> </td>
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<p></p>
<p> </p>
<p>Some of the salient points discussed were:</p>
<ul>
<li style="text-align: justify;"> Making policies in India is difficult because the population is huge and implementation at rural level is difficult.</li>
<li style="text-align: justify;"> Bombarded by Techno utopians- who believe in technology’s ability to change lives.</li>
<li style="text-align: justify;"> Techno determinants- Corruption solved through technology through open government data. More technology is better, the most sophisticated ones are the best are gross misconceptions.</li>
<li style="text-align: justify;"> Bhoomi project tried to deal with corruption at village level. Important policy change made all paper work illegal and digitized the land records etc. every action and request will be logged. But this led to creation of new corruption. Bribes were taken even before data was logged!</li>
<li style="text-align: justify;"> UID Project (Cobra Post Scam) around 20 public sector and 30 private banks were involved in money laundering scams. </li>
<li style="text-align: justify;"> People who design the systems in Delhi prepare sub-contracts<strong>.</strong></li></ul>
<p><strong> </strong>VIDEO</p>
<iframe src="//www.youtube.com/embed/Le3b-kka5Hs" frameborder="0" height="250" width="250"></iframe>
<hr />
<h2>Day 6: (June 13, 2013)</h2>
<h3>Session 1: Critical Perspectives of the Internet</h3>
<p>(by Dr. Nishant Shah)<br /><a class="external-link" href="http://internet-institute.in/repository/critical-perspectives-of-internet-society-dr-nishant-shah">Click to view the presentation slides</a></p>
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<td style="text-align: justify;">The sixth day of the Institute kicked off with Nishant Shah, director of research at CIS, looking into Critical Perspectives of the Internet. Nishant made a very important distinction between the internet as infrastructure and as social network constructing alternative universes. Nonetheless it was important to stress that technology should not be alienated in the process of this separation but seen as an integral part of it, as the digital is as much part of reality as any other technology and has become essential as a technology of change that it brings about not only in scientific but also in social development. Quoting Michel Foucault, Shah argued that technology becomes influential when it changes life, labour and language, which is why research in the field should involve critical ways of thinking about body, space and community.</td>
<td><img src="https://cis-india.org/home-images/Nishant.png/@@images/836aa919-b1aa-4e61-86d2-2e4a6e5fc62f.png" alt="" class="image-inline" title="Nishant Shah" /><br /><br /> <em>Above is a picture of Dr. Nishant Shah speaking on Critical Perspectives of the Internet.</em> </td>
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<p style="text-align: justify;">The body perception can be perceived through the way bodily agencies change through technology. Technology does not necessarily taint or corrupt the body, but can also be a way to escape its confines. To put it to a point, we are all born into technology and cannot free ourselves from them, as for example pregnancy already starts with nutritional supplements, regulatory diets and exercise and essentially ends with birth technologies that do not necessarily involve only the digital - we must remember, speech is one of the oldest technologies available today.</p>
<p style="text-align: justify;"><strong>VIDEO</strong></p>
<iframe src="//www.youtube.com/embed/HAnwjxLGA-g" frameborder="0" height="250" width="250"></iframe>
<h3 style="text-align: justify;">Session 2: Strategies for Policy Intervention</h3>
<p style="text-align: justify;">(by Chakshu Roy)<br />The second session on “Strategies for Policy Intervention” was led by Chakshu Roy. This session dealt with various ways in which policy intervention can be made and the various factors necessary to successfully engage in policy forums.</p>
<p style="text-align: justify;"><strong>VIDEO</strong></p>
<iframe src="//www.youtube.com/embed/B-tiOPu6WaU" frameborder="0" height="250" width="250"></iframe>
<h3 style="text-align: justify;">Session 3: Profile of Internet Service Providers</h3>
<p style="text-align: justify;">(by Satyen Gupta)<br /><a class="external-link" href="http://internet-institute.in/repository/profile-of-isps-by-satyen-gupta">Click to view the presentation slides</a></p>
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<th><img src="https://cis-india.org/home-images/SatyenGupta.png" alt="" class="image-inline" title="Satyen Gupta" /></th>
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<td><em>Given above is a picture of Satyen Gupta speaking about Internet Service Providers</em></td>
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<p style="text-align: justify;">Satyen Gupta during his talk on “Profile of Internet Service Providers” discussed the nature, offerings and profile of various ISPs in India, their market share and dynamics.</p>
<p style="text-align: justify;">The salient points discussed were:</p>
<ul>
<li style="text-align: justify;">National Broadband Plans</li>
<li style="text-align: justify;">Spectrum Issues “Management”</li>
<li style="text-align: justify;">Reality check of Indian ISPs</li>
<li style="text-align: justify;">Broadband Definition & Penetration</li>
<li style="text-align: justify;">Roadblocks for Broadband in India, Governments Role, Regulation</li>
<li style="text-align: justify;">Institutional Framework for the Indian Telecom</li>
<li style="text-align: justify;">Broadband Access in India- Technology-Neutrality</li>
<li style="text-align: justify;">Satellite based DTH Services offer alternate for the Broadband via Receive Only Internet Service (ROIS)</li>
<li style="text-align: justify;">Broadband using DTH for Receive-only Internet</li>
<li style="text-align: justify;">VSAT has the potential for significant impact on Broadband Penetration in Remote Areas</li>
<li style="text-align: justify;">Fixed Wireless Access- an important access technology</li>
<li style="text-align: justify;">Facilitating Radio Spectrum for Broadband Access</li>
<li style="text-align: justify;">Fiscal measures to reduce the cost of access devices, infrastructure and broadband service</li>
<li style="text-align: justify;">Reduction in the cost of connectivity</li>
<li style="text-align: justify;">National Internet Exchange of India (NIXI) -National Internet Exchange of India (NIXI) has been set up on recommendation of TRAI by DIT, Government of India to ensure that Internet traffic, originating and destined for India, should be routed within India.</li>
<li style="text-align: justify;">Emerging Broadband Services</li>
<li style="text-align: justify;">Broadband Commission for Digital Development (BCDD)-UN Targets for Universal Broadband,2015</li>
<li style="text-align: justify;">NOFN India-Existing Fiber Infrastructure and Coverage by Various Service Providers</li>
<li style="text-align: justify;">National Telecom Policy (NTP) 2012- Salient Features</li>
<li style="text-align: justify;">State of Internet Services and ISPs in India:<br />
<ol>
<li>India’s Ranking on Key Broadband Indicators</li>
<li>Regulator’s Report – Growth of Internet in India</li>
<li>Internet Subscribers Base & Market share of top 10 ISPs</li>
<li>Technology trends for Internet/Broadband Access</li>
<li>Internet/broadband Subscribers for top 10 states</li>
<li>Tariff Plans for USO funded Broadband</li>
<li>Contribution of Telcos in Development of Internet Services</li>
<li>Incumbent’s Role in Growth of Broadband</li>
<li>Plugging rural missing link- BBNL</li></ol>
</li>
<li style="text-align: justify;">Internet Subscribers Base & Market share of top 10 ISPs</li></ul>
<p> <strong>VIDEO</strong></p>
<iframe src="//www.youtube.com/embed/DOSeo-ASOQ8" frameborder="0" height="250" width="250"></iframe>
<h3 style="text-align: justify;">Session 4: Competition in the Market by Helani Galpaya</h3>
<p style="text-align: justify;">Helani Galpaya during her talk on “Competition in the Market” discussed about what competition meant, <em>Herfindahl–Hirschman</em> Index to measure how competitive a market is, what are the dangers of monopoly markets and the landscape of the Telecom market in India.</p>
<table class="listing">
<tbody>
<tr>
<th><img src="https://cis-india.org/home-images/Helani.png" alt="" class="image-inline" title="Helani" /></th>
</tr>
<tr>
<td><em>Above is a picture of Helani Galpaya speaking about Competition in the Market</em></td>
</tr>
</tbody>
</table>
<hr />
<h2 style="text-align: justify;">Day 7: (June 14, 2013)</h2>
<p style="text-align: justify;">The final day of the Institute focussed on how the Internet can be used to effect change on society – Activism was the theme.</p>
<h3 style="text-align: justify;">Session 1: Leveraging Internet for activism</h3>
<p style="text-align: justify;">(by Ananth Guruswamy)<br /><a class="external-link" href="http://internet-institute.in/repository/LeveragingInternetforActivism.pdf">Click to read the presentation slides</a></p>
<table class="listing">
<tbody>
<tr>
<th><img src="https://cis-india.org/home-images/AnanthGuruswamy.png" alt="" class="image-inline" title="Ananth Guruswamy" /></th>
</tr>
<tr>
<td><em>Above is a picture of Ananth Guruswamy speaking during the session on leveraging internet for activism</em></td>
</tr>
</tbody>
</table>
<p style="text-align: justify;">Some of the salient points discussed were:</p>
<ul>
<li style="text-align: justify;">Digital Activism</li>
<li style="text-align: justify;">Target Omar Abdullah. It is about an act called Administrative detention Act. One can be detained without act i.e. The Preventive Detention Act. He directly responded to the threat.</li>
<li style="text-align: justify;">Twitter seems to be a place where the political leaders are actually accessible. This kind of access was not possible in day to day life earlier if one was a common man. This phenomenon is developing. Even in Corporate setup writing a mail directly to the CEO seems possible. </li>
<li style="text-align: justify;">Strengths: Wide reach, Freedom of speech, Data collection is made easy, Issues can be tackled swiftly, Global communities, singular identities have lot of power. Eg: 190 Million people stood up against Poverty; this kind of mobilization impossible without internet.</li>
<li style="text-align: justify;">Besides local issues even Global issues are addressed an collection of funds becomes easy. Onion.com once a struggling publication in U.S., but now with a global audience it is thriving and it has a healthy reader base today. </li>
<li style="text-align: justify;">The Earth Hour helps people connect across space and time.</li>
<li style="text-align: justify;">Weakness: More popularity, more attention; Traditional/Real Protest has become rare and a threat; There is no real action beyond internet, threat of movement is low, there is no real commitment involved in digital activism and just one click is enough to make one ‘feel good’.</li>
<li style="text-align: justify;">Opportunities: Recruitment of protestors for real protests. Diff. b/w real and virtual blurred; anything that affects the mind space is real. The intersection is interesting.</li>
<li style="text-align: justify;">Threats: Total removal of privacy, Government intervention in private issues and there could be misinterpretation of people’s thoughts by certain people.</li>
<li style="text-align: justify;">Traditional vs Digital activism: Traditional fails to provide results whereas clicking a button is as easy as wearing a badge.</li>
<li style="text-align: justify;">Facebook activism: ‘Like Buttons’, People moving away from reading emails, a shift towards use of facebook; creates a sense of belongingness which the traditional activism failed to achieve.</li>
<li style="text-align: justify;">India against Corruption: used mobile phone effectively.</li>
<li style="text-align: justify;">Social Media has changed the way protests happen globally and in India, one example is Twitter. Change.org is a website which gives freedom to anybody to start a petition without any external source; Awaaz.org another such petition website.</li>
<li style="text-align: justify;">Green Peace launched a Green peace X which was a runaway success. YouTube is another platform for the masses. People today are more interested in watching rather than reading.</li>
<li style="text-align: justify;">Pakistan in 2007: “Flash protests”; Free Fraizan Movement on Twitter.</li>
<li style="text-align: justify;">Something to keep in mind regarding while launching a campaign online is to think who the audience is and what we want them to do and how will the campaign help our objectives?</li>
<li style="text-align: justify;">How to measure success of a social media campaign?</li>
<li style="text-align: justify;">Reach</li>
<li style="text-align: justify;">Engagement- likes, tweets, comments, etc.</li>
<li style="text-align: justify;">Influence</li>
<li style="text-align: justify;">Attrition Score</li></ul>
<p> <strong>VIDEO</strong></p>
<iframe src="//www.youtube.com/embed/PXZE7y1qxlo" frameborder="0" height="250" width="250"></iframe>
<h3 style="text-align: justify;">Session 2: Internet Access Activism</h3>
<p style="text-align: justify;">(by Parminder Jeet Singh)<br />The next session on “INTERNET ACCESS” ACTIVISM by Parminder Jeet Singh dealt with how people can contribute to initiatives for improving internet access amongst masses.</p>
<p style="text-align: justify;"><strong>VIDEO</strong></p>
<iframe src="//www.youtube.com/embed/_zyM3_OiUxM" frameborder="0" height="250" width="250"></iframe>
<p></p>
<p> </p>
<p></p>
<h3>Session 3: Ensuring Access to the Internet</h3>
<p style="text-align: justify;">(by A.K. Bhargava)<br /><a class="external-link" href="http://internet-institute.in/repository/BBNLiis.pdf">Click to view the presentation</a><br />The last session on “Ensuring Access to the Internet” by A.K. Bhargava discussed strategies to enhance access to the Internet in India with special focus on National Optical Fibre Network.</p>
<p style="text-align: justify;">The salient points discussed were:</p>
<p style="text-align: justify;">- Role of Broadband in Nation Building<br />- Policy Aspiration of Broadband - How do we meet aspiration?<br />- Telecom Network Layers‐Gaps in OFC Reach<br />- BBNL Interconnection<br />- NOFN - Bridging The Gap<br />- Digital Knowledge Centres (DKCs)<br />- Architecture of BBNL<br />- NOFN Impact</p>
<ol>
<li>Societal<br />
<ul>
<li>Bridging the digital divide</li></ul>
</li>
<li>Business<br />
<ul>
<li>Job creation, indigenous industry growth</li></ul>
</li>
<li>Sectoral<br />
<ul>
<li>Improved connectivity, data growth</li></ul>
</li>
<li>Technological<br />
<ul>
<li>Differentiators</li></ul>
<p><strong>VIDEO</strong></p>
<iframe src="//www.youtube.com/embed/4X3WSn1u3WM" frameborder="0" height="250" width="250"></iframe>
</li></ol>
<p style="text-align: justify;"><strong>Speaker Presentation Slides</strong><br />All the presentation aids/slide shows barring a few have been uploaded to the website at <a class="external-link" href="http://internet-institute.in/repository">http://internet-institute.in/repository</a></p>
<p style="text-align: justify;"><strong>Presentation of Assignments</strong><br />The participants presented their assignments which were given to them to work on the 3rd day. The participants were presented with Wikipedia T-Shirts as a token of appreciation.</p>
<table class="listing">
<tbody>
<tr>
<th><img src="https://cis-india.org/home-images/Assignments.png" alt="" class="image-inline" title="Assignments" /></th>
</tr>
<tr>
<td><em>Given above is a picture of the participants presenting their assignments</em> </td>
</tr>
</tbody>
</table>
<p style="text-align: justify;"><strong>Participant Feedback</strong><br />All participants were asked to fill a "Session Feedback Form" for each of the sessions and also an "Overall Feedback Form". They were also constantly encouraged to come up with suggestions and inputs on how to make the Institute more interesting.</p>
<p style="text-align: justify;">The key findings from the <strong>Quantitative Feedback</strong> provided are:<br />(The figures below are averaged scores (out of 5) provided by participants in the Overall Feedback Forms)</p>
<table class="plain">
<tbody>
<tr>
<th>S.No.</th>
<th>Parameter</th>
<th>Score (Out of 5)</th>
</tr>
<tr>
<td>1</td>
<td>Relevance of Content</td>
<td style="text-align: right;">3.6</td>
</tr>
<tr style="text-align: right;">
<td style="text-align: justify;">2</td>
<td style="text-align: justify;">Comprehensiveness of Content</td>
<td>3.44</td>
</tr>
<tr>
<td>3</td>
<td>Easy to Understand</td>
<td style="text-align: right;">3.55</td>
</tr>
<tr>
<td>4</td>
<td>Well Paced</td>
<td style="text-align: right;">3.33</td>
</tr>
<tr>
<td>5</td>
<td>Sufficient Breaks</td>
<td style="text-align: right;">3</td>
</tr>
<tr>
<td>6</td>
<td>Duration of Talks</td>
<td style="text-align: right;">3.2</td>
</tr>
<tr>
<td>7</td>
<td>Mix between Learning & Activities</td>
<td style="text-align: right;">3</td>
</tr>
</tbody>
</table>
<p style="text-align: justify;">The key findings from the <strong>Qualitative Feedback</strong> provided are:</p>
<table class="plain">
<tbody>
<tr>
<th>S.No.</th>
<th>Points observed</th>
</tr>
<tr>
<td>1</td>
<td style="text-align: justify;"><strong>Presentations</strong> – Participants felt sessions with accompanying slides/aids were most helpful. Some felt that accompanying notes could also be useful for future reference.</td>
</tr>
<tr>
<td>2</td>
<td style="text-align: justify;"><strong>Use of Examples/Case Studies</strong> – Participants felt concepts can be better assimilated if case-studies/examples are used. Some also felt that for the technological advancements discussed, it would have been better had the social/economic impact of the same was discussed too.</td>
</tr>
<tr>
<td>3</td>
<td style="text-align: justify;"><strong>Implementation Gaps</strong>– One participant, who is working at the field level in Kolkata had a specific thing to say about the talk about BSNL and its offerings– Although BSNL has so many options available on paper to connect to the Internet, common service centres in West Bengal are mostly run on Tata Indicom’s network even though the board outside says “BSNL” etc. She felt that the reality is far different from what exists on paper.</td>
</tr>
<tr>
<td>4</td>
<td><strong>Interactive sessions</strong> were most appreciated than speaker led sessions.</td>
</tr>
<tr>
<td>5</td>
<td style="text-align: justify;">There were many responses to the question “<strong>How will you apply this new information in the future</strong>” and it is very encouraging. People have given thought to contributing to Wikipedia in their mother tongue, take the knowledge to the field work that they are associated with, continue with their research, change their Internet connections, to help file RTIs, to adopt more open source software, sharing with students, advocacy efforts, etc</td>
</tr>
<tr>
<td>6</td>
<td>The responses to the question “<strong>What did you learn from the session/workshop that was new?</strong>” elicited more responses for the following sessions<br />
<ol>
<li>Domestic Bodies and Mechanisms</li>
<li>Case-studies such as Air Jaldi</li>
<li>Low cost devices in India</li>
<li>USOF</li>
<li>Free & Open Internet</li>
<li>Copyright laws</li>
<li>Privacy</li>
<li>Accessibility</li>
<li>Digital Natives</li>
<li>ISPs</li></ol>
</td>
</tr>
<tr>
<td>7</td>
<td style="text-align: justify;"><strong>Field Trip</strong> – One participant said “<em>One or two of the persons from MapUnity could have made the presentation at the institute venue itself. A visit to an underserved or un-served community with interactions with the people there could also have given a good understanding of on-ground challenges and needs.”</em></td>
</tr>
<tr>
<td>8</td>
<td style="text-align: justify;"><strong>Follow-up Session</strong> –One participant had ideas about having a follow-up session “<em>A follow-up call [webinar?] after 6 months to see if any of these concepts were useful would be an interesting exercise to take up”</em></td>
</tr>
<tr>
<td>9</td>
<td><strong>Assignment – </strong>Participants felt that the assignments were good but they needed more time to work on the same.</td>
</tr>
</tbody>
</table>
<p style="text-align: justify;"><strong>Other Feedback:</strong></p>
<ol>
<li>The food and the facilities were enjoyed and appreciated by all.</li>
<li style="text-align: justify;">The remote location of the Golden Palms Resort was a concern for most of the participants.</li></ol>
<p style="text-align: justify;"><strong>Participation Certificates</strong><br />Participation Certificates (template shown below) have been mailed to all the participants in the third week of July 2013.</p>
<table class="listing">
<tbody>
<tr>
<th><img src="https://cis-india.org/home-images/Certificate.png" alt="" class="image-inline" title="Certificate of Participation" /></th>
</tr>
<tr>
<td><em>Given above is the certificate declaring the successful completion of the event</em></td>
</tr>
</tbody>
</table>
<h2 style="text-align: justify;">Institute Expenses</h2>
<p style="text-align: justify;">A total of Rs. 19, 91,889 (Rupees nineteen lakhs ninety one thousand eight hundred and eighty nine only) was spent towards organizing and conducting the Internet Institute. A breakup of the Institute Expenditures is given below:</p>
<table class="vertical listing">
<tbody>
<tr>
<th>S.No.</th>
<th style="text-align: left;">Type of Expense</th>
<th style="text-align: left;">Description</th>
<th style="text-align: right;">Total</th>
</tr>
<tr>
<td>1</td>
<td>Venue – Golden Palms Resort</td>
<td>Accommodation for participants, speakers and food</td>
<td style="text-align: right;">12,91,176</td>
</tr>
<tr>
<td>2</td>
<td>Travel</td>
<td>Cost of Air tickets</td>
<td style="text-align: right;">2,94,515</td>
</tr>
<tr>
<td>3</td>
<td>Local Travel</td>
<td>Airport Pickup/Drop, Local City Travel</td>
<td style="text-align: right;">1,41,001</td>
</tr>
<tr>
<td>4</td>
<td>Gifts & Printing</td>
<td>Gifts for speakers and ad hoc document printing charges</td>
<td style="text-align: right;">24,000</td>
</tr>
<tr>
<td>5</td>
<td>Infrastructure</td>
<td>Telephony, Audio, Video, Stage</td>
<td style="text-align: right;">1,05,000</td>
</tr>
<tr>
<td>6</td>
<td>Participant Bags</td>
<td><br /></td>
<td style="text-align: right;">10,650</td>
</tr>
<tr>
<td>7</td>
<td>Reimbursements</td>
<td>Reimbursements to participants and speakers</td>
<td style="text-align: right;">1,25,547</td>
</tr>
<tr>
<td style="text-align: center;" colspan="3"><strong>Total Expenses</strong></td>
<td style="text-align: right;">19,91,889</td>
</tr>
</tbody>
</table>
<h3 style="text-align: justify;">What the participants had to say</h3>
<blockquote class="quoted">Sangh Priya Rahul – “<em>One of my organisation's work is more or less related to empowerment of rural areas so knowledge about USOF will be useful there</em><em>.” </em>(On USOF)</blockquote>
<blockquote style="text-align: justify;" class="quoted">Rashmi. M – “<em>Makes me more sensitized towards the disabled people.”</em> (On e-Accessibility)</blockquote>
<blockquote style="text-align: justify;" class="quoted">Preethi Ayyaluswamy – “<em>Would help me in strategically planning for an online campaign” </em>(On digital activism).</blockquote>
<hr />
<h2 style="text-align: justify;">Conclusion</h2>
<p style="text-align: justify;">The Institute was highly engaging and enabled the participants to explore the various facets of Internet & Society. As was evident from the feedback forms, participants had given thought to contributing to Wikipedia in their mother tongue, take the knowledge to the field work that they are associated with, continue with their research, change their Internet connections, help file RTIs, adopt more open source software, sharing with students, advocacy efforts etc. There was a very high level of expertise amongst speakers at the Institute which was apparent from the participatory discussions and a lot of insightful perspectives were brought forth. There was a common consensus amongst all participants that inclusive growth across all dimensions would take efforts from all stakeholders.</p>
<p style="text-align: justify;">We hope to learn from the findings of this Institute and work towards a better second Institute.</p>
<table class="listing">
<tbody>
<tr>
<th><img src="https://cis-india.org/home-images/GroupPhoto.png" alt="" class="image-inline" title="Group Photo of Participants" /></th>
</tr>
<tr>
<td><em>Above is a group picture of all the participants and the organizers</em></td>
</tr>
</tbody>
</table>
<ul></ul>
<ul></ul>
<p>
For more details visit <a href='https://cis-india.org/telecom/knowledge-repository-on-internet-access/institute-on-internet-and-society-event-report'>https://cis-india.org/telecom/knowledge-repository-on-internet-access/institute-on-internet-and-society-event-report</a>
</p>
No publishersrividyaVideoInternet StudiesFeaturedHomepage2013-10-15T06:48:00ZBlog EntryPrivacy Protection Bill, 2013 (With Amendments based on Public Feedback)
https://cis-india.org/internet-governance/blog/privacy-protection-bill-2013-with-amendments-based-on-public-feedback
<b>In 2013 CIS drafted the Privacy Protection Bill as a citizens' version of a privacy legislation for India. Since April 2013, CIS has been holding Privacy Roundtables in collaboration with FICCI and DSCI, with the objective of gaining public feedback to the Privacy Protection Bill and other possible frameworks for privacy in India.</b>
<hr />
<p><i>This research was undertaken as part of the 'SAFEGUARDS' project that CIS is undertaking with Privacy International and IDRC</i></p>
<hr />
<p>As a part of this process, CIS has been amending the Privacy Protection Bill based on public feedback. Below is the text of the Bill as amended according to feedback gained from the New Delhi, Bangalore, and Chennai Roundtables.</p>
<p style="text-align: center; "><b><a href="https://cis-india.org/internet-governance/blog/privacy-protection-bill-2013-amendments.pdf" class="internal-link">Click to download the Privacy Protection Bill, 2013 with latest amendments</a></b> (PDF, 196 Kb).</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/privacy-protection-bill-2013-with-amendments-based-on-public-feedback'>https://cis-india.org/internet-governance/blog/privacy-protection-bill-2013-with-amendments-based-on-public-feedback</a>
</p>
No publisherelonnaiFeaturedSAFEGUARDSInternet GovernancePrivacy2013-07-12T10:50:22ZBlog EntryIndian Language Wikipedia Statistics (September 2012 – April 2013)
https://cis-india.org/a2k/blogs/indian-language-wikipedia-statistics
<b>The Access to Knowledge team carried out a quantitative analysis to identify trends and growth patterns in Indian Language Wikipedias over the time period from September 2012 to April 2013.</b>
<p style="text-align: justify; ">It is difficult for the <a class="external-link" href="http://meta.wikimedia.org/wiki/India_Access_To_Knowledge/Programme_Plan">CIS-A2K programme</a> to either take direct credit for the growth or direct blame for the lack of it in the Indian language <a class="external-link" href="http://www.wikimedia.org/">Wikimedia</a> projects. However, we believe that we have been one of the factors — and sometimes a key factor — in impacting the growth of the Wikimedia projects and communities in India since the commencement of the project.</p>
<p style="text-align: justify; ">Though the A2K programme has done some amount of work with almost all Indian language Wikipedias, the <a href="https://cis-india.org/about/people/our-team" class="external-link">A2K team</a> has had relatively more involvement in 10 Indic languages: <a class="external-link" href="http://as.wikipedia.org/wiki/%E0%A6%AC%E0%A7%87%E0%A6%9F%E0%A7%81%E0%A6%AA%E0%A6%BE%E0%A6%A4">Assamese</a>, <a class="external-link" href="http://bn.wikipedia.org/wiki/%E0%A6%AA%E0%A7%8D%E0%A6%B0%E0%A6%A7%E0%A6%BE%E0%A6%A8_%E0%A6%AA%E0%A6%BE%E0%A6%A4%E0%A6%BE">Bengali</a>, <a class="external-link" href="http://gu.wikipedia.org/wiki/%E0%AA%AE%E0%AB%81%E0%AA%96%E0%AA%AA%E0%AB%83%E0%AA%B7%E0%AB%8D%E0%AA%A0">Gujarati</a>, <a class="external-link" href="http://hi.wikipedia.org/wiki/%E0%A4%AE%E0%A5%81%E0%A4%96%E0%A4%AA%E0%A5%83%E0%A4%B7%E0%A5%8D%E0%A4%A0">Hindi</a>, <a class="external-link" href="http://kn.wikipedia.org/wiki/%E0%B2%AE%E0%B3%81%E0%B2%96%E0%B3%8D%E0%B2%AF_%E0%B2%AA%E0%B3%81%E0%B2%9F">Kannada</a>, <a class="external-link" href="http://ml.wikipedia.org/wiki/%E0%B4%AA%E0%B5%8D%E0%B4%B0%E0%B4%A7%E0%B4%BE%E0%B4%A8_%E0%B4%A4%E0%B4%BE%E0%B5%BE">Malayalam</a>, <a class="external-link" href="http://mr.wikipedia.org/wiki/%E0%A4%AE%E0%A5%81%E0%A4%96%E0%A4%AA%E0%A5%83%E0%A4%B7%E0%A5%8D%E0%A4%A0">Marathi</a>, <a class="external-link" href="http://or.wikipedia.org/wiki/%E0%AC%AA%E0%AD%8D%E0%AC%B0%E0%AC%A7%E0%AC%BE%E0%AC%A8_%E0%AC%AA%E0%AD%83%E0%AC%B7%E0%AD%8D%E0%AC%A0%E0%AC%BE">Odia</a>, <a class="external-link" href="http://pa.wikipedia.org/wiki/%E0%A8%AE%E0%A9%81%E0%A9%B1%E0%A8%96_%E0%A8%B8%E0%A8%AB%E0%A8%BC%E0%A8%BE">Punjabi</a> and <a class="external-link" href="http://te.wikipedia.org/wiki/%E0%B0%AE%E0%B1%8A%E0%B0%A6%E0%B0%9F%E0%B0%BF_%E0%B0%AA%E0%B1%87%E0%B0%9C%E0%B1%80">Telugu</a>.</p>
<p style="text-align: justify; ">In addition to this based on the various outreach work done by A2K we have attempted to present an analysis of direct new Wikipedia users that have emerged in languages impacted by the A2K programme, keeping in mind that community mobilisation will always be an autonomous activity to some extent.</p>
<table class="plain">
<tbody>
<tr>
<th><img src="https://cis-india.org/home-images/Article1.png" alt="null" class="image-inline" title="Articles 1" /></th>
</tr>
<tr>
<td>
<p>Graph 1: Growth of Articles in Indian Language Wikipedias from September 2012 to April 2013</p>
</td>
</tr>
</tbody>
</table>
<ol>
<li style="text-align: justify; "> The growth momentum in Indian languages over the eight month period from September 2012 to April 2013 looks healthy.</li>
<li style="text-align: justify; ">Some language Wikipedias have been growing at a phenomenal rate than others in terms of percentage change since September 2012.</li>
<li style="text-align: justify; ">Assamese, Punjabi, Kannada and Odia Wikipedias have a growth rate of 58 per cent, 55 per cent, 30 per cent and 26 per cent respectively. These were the top four Indian language Wikipedia projects during the eight month period.</li>
<li style="text-align: justify; ">In terms of absolute number of articles, <a class="external-link" href="http://ta.wikipedia.org/wiki/%E0%AE%AE%E0%AF%81%E0%AE%A4%E0%AE%B1%E0%AF%8D_%E0%AE%AA%E0%AE%95%E0%AF%8D%E0%AE%95%E0%AE%AE%E0%AF%8D">Tamil</a>, Malayalam, Kannada and Hindi Wikipedias have grown by about 4,200; 3,600; 3,300; and 2,300 articles respectively.</li>
<li style="text-align: justify; ">However, given the small size of the Wikipedia communities in Assamese, Punjabi, Kannada and Odia (as given in Graph 2 below) the growth achieved by them is much commendable and all efforts have to be put to ensure that this momentum continues by strengthening these communities and also expanding them.</li>
</ol>
<table class="plain">
<tbody>
<tr>
<th><img src="https://cis-india.org/home-images/ActiveEditors.png" alt="null" class="image-inline" title="Active Editors" /></th>
</tr>
<tr>
<td>
<p>Graph 2: Active Editors in Indian Language Wikipedias from September 2012 to April 2013</p>
</td>
</tr>
</tbody>
</table>
<ol>
<li style="text-align: justify; "> There is a fluctuation in the number of active editors in majority of the Indian language Wikipedias, except for Punjabi Wikipedia, which has seen a consistent growth. Starting from July 2012, the Wikimedia India Programs Team began working with the Punjabi community, an activity which we have continued at the A2K programme.</li>
<li style="text-align: justify; ">The active editors on Hindi, Marathi and Sanskrit Wikipedias have been consistently coming down, which is a cause of concern. </li>
<li style="text-align: justify; ">It is important to note that Kannada and Telugu Wikipedias where the number of Active Editors were in a declining trend as of September 2012 have shown a remarkable turnaround. The A2K programme has spent the last 3-4 months working closely with both the Kannada and Telugu communities.</li>
<li style="text-align: justify; ">Overall the active editors on Malayalam Wikipedia have crossed the 100 mark numerous times, making it the first Indian language Wikipedia to reach this benchmark. </li>
<li style="text-align: justify; ">Looking at the trends Tamil Wikipedia may soon reach the 100 active editor mark. </li>
<li style="text-align: justify; ">Even Bengali Wikipedia community could cross 100 active editors if concerted efforts are put in. </li>
<li style="text-align: justify; ">The Assamese Wikipedia, which received support from A2K programme until January 2013, had a consistent active editor population which was around 20 people. However, once the support from the A2K programme dwindled a declining trend (since February 2013) has set in. This is worrying as it gives rise to the possibility of building dependencies through the A2K programme. Going forward we need to address this and rectify by creating self-sustaining momentum in our outreach work that lasts beyond our involvement.</li>
</ol>
<table class="plain">
<tbody>
<tr>
<th><img src="https://cis-india.org/home-images/NewEditors.png" alt="null" class="image-inline" title="New Editors" /></th>
</tr>
<tr>
<td>
<p>Graph 3: Monthly growth of New Editors on Indian Language Wikipedias from September 2012 to April 2013</p>
</td>
</tr>
</tbody>
</table>
<ol></ol> <ol></ol><ol>
<li style="text-align: justify; ">On an average 96 new editors have joined Indian language Wikipedias every month.</li>
<li style="text-align: justify; ">Bengali, Hindi, Malayalam and Tamil Wikipedias have consistently seen more than 10 new editors joining every month. </li>
<li style="text-align: justify; ">Assamese, Odia and Sanskrit Wikipedias did have many new editors joining. </li>
<li style="text-align: justify; ">A total of 673 new people have become editors for Indian language Wikipedia since September 2012. </li>
<li style="text-align: justify; ">However, the conversion rate of new editors into active editors is still a challenge across all Indian language Wikipedias. </li>
</ol><ol> </ol>
<table class="plain">
<tbody>
<tr>
<th><img src="https://cis-india.org/home-images/PageViews.png" alt="null" class="image-inline" title="Page Views" /></th>
</tr>
<tr>
<td>
<p>Graph 4: Snapshot of “Page Views” of Indian Language Wikipedias in September 2012 & March 2013</p>
</td>
</tr>
</tbody>
</table>
<ol></ol>
<p></p>
<p> </p>
<ol>
<li style="text-align: justify; ">Overall the “Page View” trends of Indian Language Wikipedias look positive.</li>
<li style="text-align: justify; ">Bengali, Odia and Punjabi Wikipedias have shown the highest percentage growth in page views since August 2012. </li>
<li style="text-align: justify; ">In absolute numbers Bengali Wikipedia has seen a spectacular growth of 14,00,000 page-views, Marathi and Tamil Wikipedias witnessed a growth of about 10,00,000 and 8,00,000 page-views respectively. </li>
<li>These clearly indicate the demand for knowledge and information in Indian languages on the internet.</li>
</ol>
<p style="text-align: justify; ">In the below given Graph 5, we have also looked at the direct impact the A2K programme had in cultivating new editors on Indian language Wikipedias through various outreach programmes conducted during September 2012 to April 2013.</p>
<p style="text-align: justify; ">It should be noted that a total of 1,275 participants were reached out by the A2K programme. However, the username data for more than 700 participants could not be ascertained, due to inefficient data collection and input. This includes participants giving wrong usernames, trouble with the handwriting of some of the participants, etc. We have already taken note of this issue and have put in measures to efficiently capture the new user data. Hence, we have only presented an analysis of 558 participants, whose usernames are valid.</p>
<p style="text-align: justify; ">Of this it can be noted that more than 120 users have done more than 5 edits, which is 21 per cent of the participants. Further, 24 participants have done more than 100 edits on English and various Indian language Wikipedias, which constitutes 4 per cent of the total participants that the A2K programme has reached out to.</p>
<ol></ol> <ol></ol>
<div id="_mcePaste">
<table class="plain">
<tbody>
<tr>
<th><img src="https://cis-india.org/home-images/NewEditorsStatistics.png" alt="null" class="image-inline" title="New Editors Statistics" /></th>
</tr>
<tr>
<td>
<p>Graph 5: Snapshot of “New editors from outreach” of English & Indian Language Wikipedias in September 2012 and March 2013</p>
</td>
</tr>
</tbody>
</table>
</div>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/indian-language-wikipedia-statistics'>https://cis-india.org/a2k/blogs/indian-language-wikipedia-statistics</a>
</p>
No publisherT.Vishnu Vardhan, Nitika Tandon and Subhashish PanigrahiStatisticsAccess to KnowledgeWikimediaWikipediaFeaturedOpenness2013-08-23T01:48:16ZBlog EntryCIS's Closing Statement at Marrakesh on the Treaty for the Blind
https://cis-india.org/a2k/blogs/cis-closing-statement-marrakesh-treaty-for-the-blind
<b>Pranesh Prakash read out an abridged version of this statement as his closing remarks in Marrakesh, where the WIPO Treaty for the Blind (the "Marrakesh Treaty") has been successfully concluded. The Marrakesh Treaty aims to facilitate access to published works by blind persons, persons with visual impairment, and other print disabled persons, by requiring mandatory exceptions in copyright law to enable conversions of books into accessible formats, and by enabling cross-border transfer of accessible format books.</b>
<p>Thank you, Mr. President.</p>
<p>I am truly humbled to be here today representing the Centre for Internet and Society, an Indian civil society organization. If I may assume the privilege of speaking on behalf of my blind colleagues at CIS who led much of our work on this treaty, and the many blindness organizations we have been working with over the past five years who haven't the means of being here today, I would like to thank you and all the delegates here for this important achievement. And especially, I would like to thank the World Blind Union and Knowledge Ecology International who renewed focus on this issue more than 2 decades after WIPO and UNESCO first called attention to this problem and created a "Working Group on Access by the Visually and Auditory Handicapped to Material Reproducing Works Produced by Copyright".</p>
<p>While doing so, I would like to remember my friend Rahul Cherian — a young, physically impaired lawyer from India — who co-founded Inclusive Planet, was a fellow with the Centre for Internet and Society, and was a legal adviser to the World Blind Union. He worked hard on this treaty for many years, but very unfortunately did not live long enough to see it becoming a reality. His presence here is missed, but I would like to think that by concluding this treaty, all the distinguished delegations here managed to honour his memory and work.</p>
<p>I am grateful to all the distinguished delegations here for successfully concluding a reasonably workable treaty, but especially those — such as Brazil, India, Ecuador, Nigeria, Uruguay, Egypt, South Africa, Switzerland, and numerous others — who realized they were negotiating with blind people's lives, and regarded this treaty as a means of ensuring basic human rights and dignity of the visually impaired and the print disabled, instead of regarding it merely as "copyright flexibility" to be first denied and then grudgingly conceded. The current imbalance in terms of global royalty flows and in terms of the bargaining strength of richer countries within WIPO — many of who strongly opposed the access this treaty seeks to facilitate right till the very end — is for me a stark reminder of colonialism, and I see the conclusion of this treaty as a tiny victory against it.</p>
<p>It is historic that today WIPO and its members have collectively recognized in a treaty that copyright isn't just an "engine of free expression" but can pose a significant barrier to access to knowledge. Today we recognize that blind writers are currently curtailed more by copyright law than protected by it. Today we recognize that copyright not only <em>may</em> be curtailed in some circumstances, but that it <em>must</em> be curtailed in some circumstances, even beyond the few that have been listed in the Berne Convention. One of the original framers of the Berne Convention, Swiss jurist and president, Numa Droz, recognized this in 1884 when he emphasized that "limits to absolute protection are rightly set by the public interest". And as Debabrata Saha, India's delegate to WIPO during the adoption of the WIPO Development Agenda noted, "intellectual property rights have to be viewed not as a self contained and distinct domain, but rather as an effective policy instrument for wide ranging socio-economic and technological development. The primary objective of this instrument is to maximize public welfare."</p>
<p>When copyright doesn't serve public welfare, states must intervene, and the law must change to promote human rights, the freedom of expression and to receive and impart information, and to protect authors and consumers. Importantly, markets alone cannot be relied upon to achieve a just allocation of informational resources, as we have seen clearly from the book famine that the blind are experiencing. Marrakesh was the city in which, as Debabrata Saha noted, "the damage [of] TRIPS [was] wrought on developing countries". Now it has redeemed itself through this treaty.</p>
<p>This treaty is an important step in recognizing that exceptions and limitations are as important a part of the international copyright acquis as the granting of rights to copyright holders. This is an important step towards fulfilling the WIPO Development Agenda. This is an important step towards fulfilling the UN Convention on the Rights of Persons with Disabilities. This is an important step towards fulfilling Article 27 of the Universal Declaration of Human Rights, Article 15 of the International Covenant on Economic Social and Cultural Rights and Article 30 of the UN Convention on Persons with Disabilities, all of which affirm the right of everyone — including the differently-abled — to take part in cultural life of the community.</p>
<p>While this treaty is an important part of overcoming the book famine that the blind have faced, the fact remains that there is far more that needs to be done to bridge the access gap faced by persons with disabilities, including the print disabled.</p>
<p>We need to ensure that globally we tackle societal and economic discrimination against the print disabled, as does the important issue of their education. This treaty is a small but important cog in a much larger wheel through which we hope to achieve justice and equity. And finally, blind people can stop being forced to wear an eye-patch and being pirates to get access to the right to read.</p>
<p>I also thank the WIPO Secretariat, Director General Francis Gurry, Ambassador Trevor Clark, Michelle Woods, and the WIPO staff for pushing transparency and inclusiveness of civil society organizations in these deliberations, in stark contrast to the way many bilateral and plurilateral treaties such as Anti-Counterfeiting Trade Agreement, the India-EU Free Trade Agreement, and the Trans-Pacific Partnership Agreement have been, and are being, conducted. I hope we see even more transparency, and especially non-governmental participation in this area in the future.</p>
<p>I call upon all countries, and especially book-exporting countries like the USA, UK, France, Portugal, and Spain to ratify this treaty immediately, and would encourage various rightholders organizations, and the MPAA who have in the past campaigned against this treaty and now welcome this treaty, to show their support for it by publicly working to get all countries to ratify this treaty and letting us all know about it.</p>
<p>I congratulate you all for the "Miracle of Marrakesh", which shows, as my late colleague Rahul Cherian said, "when people are demanding their basic rights, no power in the world is strong enough to stop them getting what they want".</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/cis-closing-statement-marrakesh-treaty-for-the-blind'>https://cis-india.org/a2k/blogs/cis-closing-statement-marrakesh-treaty-for-the-blind</a>
</p>
No publisherpraneshAccess to KnowledgeCopyrightIntellectual Property RightsFeaturedWIPO2013-07-03T12:01:25ZBlog EntryWhose Change is it Anyway?
https://cis-india.org/digital-natives/blog/hivos-knowledge-programme-june-14-2013-nishant-shah-whose-change-is-it-anyway
<b>This thought piece is an attempt to reflect critically on existing practices of “making change” and its implications for the future of citizen action in information and network societies. It observes that change is constantly and explicitly invoked at different stages in research, practice, and policy in relation to digital technologies, citizen action, and network societies. </b>
<p>The White Paper by Nishant Shah was <a class="external-link" href="http://www.hivos.net/Hivos-Knowledge-Programme/Themes/Civic-Explorations/Publications/Whose-Change-is-it-anyway">published by Hivos recently</a>.</p>
<hr />
<p style="text-align: justify;">However, we do not have adequate frameworks to address the idea of change. What constitutes change? What are the intentions that make change possible? Who are the actors involved? Whose change is it, anyway?</p>
<p style="text-align: justify;">Drawing on the Hivos Knowledge Programme and on knowledge frameworks around youth, technology, and change from the last four years, this thought piece introduces new ways of defining, locating, and figuring change. In the process, it also helps understand the role that digital technologies play in shaping and amplifying our processes and practices of change, and to understand actors of change who are not necessarily confined to the category of “citizen”, which seems to be understood as the de facto agent of change in contemporary social upheavals, political uprisings, and cultural innovations.</p>
<p style="text-align: justify;">Methodologically, this thought piece attempts to make three discursive interventions: It locates digital activism in historical trajectories, positing that digital activism has deep ties to traditional activism, when it comes to the core political cause. Simultaneously, it recognises that new modes of political engagement are demanding and producing novel practices and introducing new actors and stakeholders. It looks at contemporary digital and network theories, but also draws on older philosophical lineages to discuss the crises that we seek to address. It tries to interject these abstractions and theoretical frameworks back into the field by producing two case studies that show how engagement with these questions might help us reflect critically on our past practices and knowledge as well as on visions for and speculations about the future, and how these shape contemporary network societies. It builds a theoretical framework based on knowledge gleaned from conversations, interviews, and on-the-ground action with different groups and communities in emerging information societies, and integrates with new critical theory to build an interdisciplinary and accessible framework that seeks to inform research, development-based interventions, and policy structures at the intersection of digital technologies, citizen action, and change by introducing questions around change into existing discourse.</p>
<hr />
<p><a href="https://cis-india.org/digital-natives/blog/whose-change-is-it-anyway.pdf" class="internal-link">Click to download the full White Paper here</a> (PDF, 321 Kb)</p>
<p>
For more details visit <a href='https://cis-india.org/digital-natives/blog/hivos-knowledge-programme-june-14-2013-nishant-shah-whose-change-is-it-anyway'>https://cis-india.org/digital-natives/blog/hivos-knowledge-programme-june-14-2013-nishant-shah-whose-change-is-it-anyway</a>
</p>
No publishernishantDigital ActivismRAW PublicationsDigital NativesYouthFeaturedPublicationsHomepage2015-04-17T10:56:47ZBlog EntryComments on the Draft ICAR Open Access Policy
https://cis-india.org/openness/blog-old/comments-on-draft-icar-open-access-policy
<b>The following comments were submitted to the Indian Council for Agricultural Research on May 23, 2013. </b>
<h2 style="text-align: justify; ">Introduction</h2>
<p style="text-align: justify; ">The Centre for Internet and Society,<a href="#fn1" name="fr1">[1] </a>is is a not-for-profit research organization. Our substantive areas of work include openness (including openness of government data, open access to scholarly literature, open standards, free and open source software, open educational resources, and open video) access to knowledge and IPR reform, freedom of expression, privacy, accessibility for persons with disabilities, digital humanities and digital natives.<a href="#fn2" name="fr2">[2]</a>It is our belief that openness and collaboration are the agents of innovation and creativity, and the advent of the internet has radically redefined the meaning and practice of openness and collaboration. Pursuant to our vision, we have been actively involved in the area of Openness and the promotion of open access.<a href="#fn3" name="fr3">[3]</a></p>
<p style="text-align: justify; ">Key research and highlights of our work in these areas are as under:</p>
<ol style="text-align: justify; ">
<li>Comments on the Interoperability Framework for e-Governance (Phase 1), submitted to the Department of Information and Technology.<a href="#fn4" name="fr4">[4]</a></li>
<li>A Status Report on Open Access to Scholarly Literature in India.<a href="#fn5" name="fr5">[5]</a></li>
<li>A Survey Report on the Online Video Environment in India.<a href="#fn6" name="fr6">[6]</a></li>
<li>A Report on Open Government Data in India.<a href="#fn7" name="fr7">[7]</a></li>
<li>An Open Government Data Study.<a href="#fn8" name="fr8">[8]</a></li>
<li>Publication of multiple blog posts and the conduction of various events including workshops and seminars around Openness and Open Access.<a href="#fn9" name="fr9">[9]</a></li>
</ol>
<p style="text-align: justify; ">We hope that our commitment to Open Access and Openness, substantiated with our work in these areas leads you to consider our comments to your Draft Open Access Policy favourably.</p>
<h2 style="text-align: justify; ">The Structure of the Report</h2>
<p style="text-align: justify; ">This report will deal provide feedback on the structure of the policy, various clauses of the policy, what clauses may be omitted (if any) and other clauses that may be included. Additionally, possible challenges that might require to be addressed in the implementation of this policy have also been indicated.</p>
<h3 style="text-align: justify; ">Overview</h3>
<p style="text-align: justify; ">It is felt that the ICAR Draft Policy on Open Access is fairly comprehensive, covering most areas associated with its implementation, detailed, embodies the principles of openness and open access, and is a step in the right direction towards achieving open access to scientific and scholarly literature, acting as an example for other communities to do the same.<a href="#fn10" name="fr10">[10]</a></p>
<h3 style="text-align: justify; ">Structural Feedback</h3>
<p style="text-align: justify; ">It is suggested that the policy be structured along the lines of the UNESCO Library Open Access Policy, with headings including <i>Introduction, the Objectives/Mission Statement of the Policy, Applicability, Repository, Roles and Obligations of various participants, Intellectual Property Law Issues and Implementation</i>.<a href="#fn11" name="fr11">[11]</a></p>
<h3 style="text-align: justify; ">Feedback on Existing Clauses</h3>
<p style="text-align: justify; ">The decision of the ICAR to implement an Open Access Policy is commendable, and an encouragement to other institutions to follow suit.</p>
<p style="text-align: justify; ">The adoption of OAI-MHP standard will ensure interoperability, given that it is seen as the cornerstone in open access to institutional research output, and failure to utilize this standard would reduce accessibility and therefore the impact of materials, since they are invisible to each other.</p>
<p style="text-align: justify; ">The provisions of the content to be made a part of the repository, and the implementation are comprehensive and detailed. <i>Inter alia, </i>measures involving encouragement to publish in journals that allow for open access through archiving, workshops for advocacy and capacity building, adoption of the CC-NC-SA license are appreciated.</p>
<h3 style="text-align: justify; ">Suggested Changes</h3>
<p style="text-align: justify; ">It is suggested that the Policy include provisions on information to be made available in accessible formats. In pursuance of the same, it is particularly suggested that the ICAR adopt measures to publish literature that is made available through this Open Access mechanism in formats accessible for visually impaired/print disabled persons, to truly realise the underlying aims of Open Access.</p>
<p style="text-align: justify; ">It is suggested that in addition to class/lecture notes already included under the content, ‘course content’ developed for any class/seminar/lecture in any university/college/educational institution be made a separate category of material to be included for open access.</p>
<p style="text-align: justify; ">It is suggested that the following sentence in the proposed policy be further clarified: <i>“Scientists are advised to mention the ICAR’s Open Access policy while signing the copyright agreements with the publishers”</i>- A clarification is required regarding the application of this sentence and its applicability. Would the policy apply to both those cases where the scientists have copyright over their work, and where the institute has copyright, or to only one of these scenarios?</p>
<p style="text-align: justify; ">It is suggested that the ICAR participate in the development and promote the building of cross institutional services (cross repository services) to further the aims of Open Access,<a href="#fn12" name="fr12">[12]</a> and the same be reflected in the forthcoming policy.</p>
<p style="text-align: justify; ">It is suggested that the forthcoming policy include an explicit provision on long term digital preservation<a href="#fn13" name="fr13">[13]</a> of the collected information, including possible measures that the ICAR may adopt to this end.</p>
<p style="text-align: justify; ">It is suggested that the forthcoming policy include a specific provision that requires contributing scientists/researchers etc. to explicitly declare that they have the copyright for and have obtained the necessary permissions to post and contribute to the Open Access Project.</p>
<p style="text-align: justify; ">It is suggested that the ICAR take steps for aiding the development of Open Access Journals. In furtherance of the same, the ICAR could have links of the websites of these Journals on its own repository, such that the link to the articles on the websites of these Journals leads directly to the ICAR Repository. Such a move would incentivise authors to contribute, since their effort would be recognised, and researchers would have a persistent source to cite from an archive. This effort would also be in consonance with the broader aims of Open Access that the ICAR is keen to achieve through its proposed policy.</p>
<p style="text-align: justify; ">It is suggested that the policy also include measures to encourage persons not members of the ICAR to contribute to the Repository.</p>
<p style="text-align: justify; ">It is suggested that as regards the implementation aspects of the creation of this repository, the ICAR would also have to ensure the creation of digital document identifiers for all content to be contributed to and housed on the repository. Additionally, the policy ought to also lay down standards of training and development of the staff and authors to submit content to the repository, and to be able to efficiently utilize the same. It is also suggested that the policy encompass the development of a framework for feedback for users and feedback from users, where the former would provide current statistics and details about articles and contributions to users, and the latter would be a mechanism for users to comment on their experience in utilising the repository.</p>
<h2 style="text-align: justify; ">Concluding Observations</h2>
<p style="text-align: justify; ">The Centre for Internet and Society deeply appreciates the effort undertaken by the ICAR to bring about Open Access in its area of work, which is definitely a welcome step in the right direction. CIS hopes that given its commitment to Open Access and strong tradition of work in this area, the ICAR would give due regard to the observations made out in this report.</p>
<hr style="text-align: justify; " />
<p style="text-align: justify; ">[<a href="#fr1" name="fn1">1</a>]. Hereafter referred to as CIS.</p>
<p style="text-align: justify; ">[<a href="#fr2" name="fn2">2</a>]. <i>See </i><a href="https://cis-india.org/about">http://cis-india.org/about</a> for more details.</p>
<p style="text-align: justify; ">[<a href="#fr3" name="fn3">3</a>]. <i>See </i><a href="https://cis-india.org/openness/">http://cis-india.org/openness</a> for our work on Openness.</p>
<p style="text-align: justify; ">[<a href="#fr4" name="fn4">4</a>]. <i>Available at </i><a href="https://cis-india.org/openness/blog-old/comments-ifeg-phase-1">http://cis-india.org/openness/blog/comments-ifeg-phase-1</a></p>
<p style="text-align: justify; ">[<a href="#fr5" name="fn5">5</a>]. <i>Available at </i><a href="https://cis-india.org/openness/blog-old/open-access-to-scholarly-literature">http://cis-india.org/openness/blog/open-access-to-scholarly-literature</a></p>
<p style="text-align: justify; ">[<a href="#fr6" name="fn6">6</a>]. <i>Available at </i><a href="https://cis-india.org/openness/online-video-environment-in-india">http://cis-india.org/openness/online-video-environment-in-india</a></p>
<p style="text-align: justify; ">[<a href="#fr7" name="fn7">7</a>]. <i>Available at</i> <a href="https://cis-india.org/openness/blog-old/ogd-draft-v2-call-for-comments">http://cis-india.org/openness/blog/ogd-draft-v2-call-for-comments</a></p>
<p style="text-align: justify; ">[<a href="#fr8" name="fn8">8</a>]. <i>Available at</i> <a href="https://cis-india.org/openness/blog-old/open-government-data-study">http://cis-india.org/openness/blog/open-government-data-study</a></p>
<p style="text-align: justify; ">[<a href="#fr9" name="fn9">9</a>]. <i>See </i><a href="https://cis-india.org/@@search?SearchableText=open+access">http://cis-india.org/@@search?SearchableText=open+access</a> for details of our posts and events on Open Access.</p>
<p style="text-align: justify; ">[<a href="#fr10" name="fn10">10</a>]. United Nations Educational, Scientific and Cultural Organization, <i>Open Access Policy Concerning UNESCO Publications, </i>available at <a href="http://www.unesco.org/new/fileadmin/MULTIMEDIA/HQ/ERI/pdf/oa_policy_en_2.pdf">http://www.unesco.org/new/fileadmin/MULTIMEDIA/HQ/ERI/pdf/oa_policy_en_2.pdf</a> (last accessed 22 May, 2013).</p>
<p style="text-align: justify; ">[<a href="#fr11" name="fn11">11</a>]. Id.</p>
<p style="text-align: justify; ">[<a href="#fr12" name="fn12">12</a>]. Gerard van Westrienen and Clifford A. Lynch, <i>Academic Institutional Repositories: Deployment Status in 13 Nations as of Mid 2005, </i>available at <a href="http://dlib.org/dlib/september05/westrienen/09westrienen.html">http://dlib.org/dlib/september05/westrienen/09westrienen.html</a> (last accessed 22 May, 2013).</p>
<p style="text-align: justify; ">[<a href="#fr13" name="fn13">13</a>]. Leslie Chan, <i>Supporting and Enhancing Scholarship in the Digital Age: The Role of Open Access Institutional Repositories</i> , Canadian Journal of Communication, Vol. 29 (3&4), 277, 282.</p>
<p>
For more details visit <a href='https://cis-india.org/openness/blog-old/comments-on-draft-icar-open-access-policy'>https://cis-india.org/openness/blog-old/comments-on-draft-icar-open-access-policy</a>
</p>
No publishernehaaOpennessFeatured2013-05-28T06:44:45ZBlog EntryIndic Wikipedia Visualisation Project #2: Visualising Page Views and Project Pages
https://cis-india.org/openness/blog-old/indic-wikipedia-visualisation-project-visualising-page-views-and-project-pages
<b>In this blog post, we bring you a visualisation of the page views statistics and the project specific pages that we created last month. The page views indicate the number of unique visits the Wikipedia project concerned has received in one month.</b>
<p style="text-align: justify; ">Unlike the <a href="https://cis-india.org/openness/blog-old/indic-wikipedia-visualisation-project-visualising-basic-parameters" target="_blank">basic parameters</a> that we discussed last month, we received the Page Views data only from January 2008 onwards. The project-specific pages allow the user to see all the different variables related to a Indic language Wikipedia project in one page, thus giving a general overview of the activities in that project and their inter-relationships. Instead of comparing multiple projectsn, as in the calendar charts and motion chart discussed in the last post, the project-specific pages focus on understanding one Wikipedia project in detail.</p>
<h3>Page Views</h3>
<p style="text-align: justify; ">The data came in a structure that is useful for human-readability of the data but not so much for visualisation. The first column contained the date value (01/01/2008, 01/02/2008, and so on), followed by a column for each Indic Wikipedia project (Assamese, Bhojpuri, and so on) and one for the total Page Views across projects for the month concerned. The original data file can be <a href="https://github.com/geohacker/indicwiki/blob/master/data/page_views.csv" target="_blank">accessed here</a>. We re-formatted this data to the following column structure: the first column gives the date value, the second column gives the language of the Wikipedia project, and the third column gives the Page Views value. Further, the Page Views file contained data for 2013 that are not available for any other variables (like Total Articles, Total Editors etc.). So we decided to remove the 2013 values from the Page Views file for easier comparison with other variables. The data file that we finally used for the visualisation can be <a href="https://github.com/geohacker/indicwiki/blob/master/data/page_views_2.csv" target="_blank">accessed here</a>.</p>
<h3>Calendar (Heatmap) Chart</h3>
<p style="text-align: justify; ">The first chart that we created was the calendar (heatmap) chart discussed in detail in the <a href="https://cis-india.org/openness/blog-old/indic-wikipedia-visualisation-project-visualising-basic-parameters" target="_blank">last post</a>. For the Page View variable we only had data form 2008. We plotted it as calendar-like heatmap to allow quick cross-project comparisons of trends in readership. The chart can be <a href="http://geohacker.github.io/indicwiki/page-views" target="_blank">accessed here</a>.</p>
<table class="listing">
<tbody>
<tr>
<th><img src="https://cis-india.org/home-images/indicwiki_02_calendar.png/@@images/dc012a58-33ec-4fed-9852-b07beba5dcb6.png" alt="Indic Wiki Calendar" class="image-inline" title="Indic Wiki Calendar" /></th>
</tr>
</tbody>
</table>
<p style="text-align: justify; "> </p>
<h3>Project Pages</h3>
<p style="text-align: justify; ">So far, we have been visualising the data from an overall perspective, constantly asking the question: "How does project A compare to project B?". <a href="http://geohacker.github.io/indicwiki/projects" target="_blank"> The Project pages</a> sheds light from a different angle: "How did project A get to this point?". Each of the projects are visualised in isolation around the basic parameters to understand how they have changed/evolved over the years. We wanted to keep this as simple as possible and decided to use straight forward line charts. This also ensures that the patterns are clearly evident. On the right corner of the navigation bar is the project selector. You can search or pick a project and the page will load the charts specific to that project. Each project has a different page, this makes it easier for you to share the project that you are interested in. The chart employs filtering and dynamic scales. Dynamic scales are important because not all the projects have the same rate of growth.</p>
<table class="listing">
<tbody>
<tr>
<th><img src="https://cis-india.org/home-images/indicwiki_02_project.png/@@images/e515d083-dbf8-443e-956e-f386b092f68d.png" alt="Indic Wiki Projects" class="image-inline" title="Indic Wiki Projects" /></th>
</tr>
</tbody>
</table>
<h3>Readership Dashboard</h3>
<p style="text-align: justify; ">We were not satisfied with creating only the calendar heatmap chart for Page Views. Being a very important variable for anybody trying to understand activities on Indic Wikipedia projects, we wanted to create a more detailed visualisation for the variable. While the project-specific pages do allow for comparing Page Views for a certain Indic Wikipedia with its other variables (such as Total Articles), we wanted to make that comparison even easier. Hence we decided to make a chart combining a line graph showing the movement of Page View for a project across the years and bar graphs showing a separate variable for the same project. Thus we created the <a href="http://geohacker.github.io/indicwiki/readers" target="_blank">Readership Dashboard</a>. The dashboard has two controls: project selector and the parameter selector buttons. Selecting a project from the dropdown will update the line chart showing the movement of page views. Hover over the line graph points to see the date of observation and the corresponding value. The bars behind the line represent the selected parameters. Click on the parameter buttons to load different parameters as the background bar graph. Hover over the bars to see the date and the value. The bar graph is carefully aligned to the line chart such that the visualisation reflects the relation in movement of both. However, please note that the vertical scale of the line graph and the bar graphs are not the same.</p>
<table class="listing">
<tbody>
<tr>
<th><img src="https://cis-india.org/home-images/indicwiki_02_readership.png/@@images/81f12c6d-e0be-4067-8f6c-0f3a2e3c7d60.png" alt="Indic Wiki Readership" class="image-inline" title="Indic Wiki Readership" /></th>
</tr>
</tbody>
</table>
<hr />
<p style="text-align: justify; "><a class="external-link" href="http://sajjad.in/">Sajjad Anwar</a> is a programmer based in Bangalore. <a class="external-link" href="http://www.ajantriks.net/">Sumandro Chattapadhyay</a><a class="external-link" href="http://www.ajantriks.net/"></a> is a researcher based in Delhi. They often work together.</p>
<p>
For more details visit <a href='https://cis-india.org/openness/blog-old/indic-wikipedia-visualisation-project-visualising-page-views-and-project-pages'>https://cis-india.org/openness/blog-old/indic-wikipedia-visualisation-project-visualising-page-views-and-project-pages</a>
</p>
No publisherSajjad Anwar and Sumandro ChattapadhyayAccess to KnowledgeWikimediaWikipediaFeaturedOpenness2013-04-22T13:37:08ZBlog EntryCIS Welcomes Standing Committee Report on IT Rules
https://cis-india.org/internet-governance/blog/cis-welcomes-standing-committee-report-on-it-rules
<b>The Centre for Internet and Society welcomes the report by the Standing Committee on Subordinate Legislation, in which it has lambasted the government and has recommended that the government amend the Rules it passed in April 2011 under section 79 of the Information Technology Act.</b>
<hr />
<p style="text-align: justify; "><a class="external-link" href="http://www.prsindia.org/uploads/media/IT%20Rules/IT%20Rules%20Subordinate%20committee%20Report.pdf">Click to read</a> the Parliamentary Standing Committee Report on the IT Rules. A modified version was <a class="external-link" href="http://www.ciol.com/ciol/news/185991/cis-welcomes-panels-anti-govt-stand-it-rules">published in CiOL</a> on March 27, 2013.</p>
<hr />
<p style="text-align: justify; ">These rules have been noted by many, including CIS, Software Freedom Law Centre, and Society for Knowledge Commons, and many eminent lawyers, as being unconstitutional. The Standing Committee, noting this, has asked the government to make changes to the Rules to ensure that the fundamental rights to freedom of speech and privacy are safeguarded, and that the principles of natural justice are respected when a person’s freedom of speech or privacy are curtailed.</p>
<h3 style="text-align: justify; ">Ambiguous and Over-reaching Language</h3>
<p style="text-align: justify; ">The Standing Committee has noted the inherent ambiguity of words like "blasphemy", "disparaging", etc., which are used in the Intermediary Guidelines Rules, and has pointed out that unclear language can lead to harassment of people as has happened with Section 66A of the IT Act, and can lead to legitimate speech being removed. Importantly, the Standing Committee recognizes that many categories of speech prohibited by the Intermediary Guidelines Rules are not prohibited by any statute, and hence cannot be prohibited by the government through these Rules. Accordingly, the Standing Committee has asked the government to ensure "no new category of crimes or offences is created" by these Rules.</p>
<h3 style="text-align: justify; ">Government Confused Whether Rules Are Mandatory or Advisory</h3>
<p style="text-align: justify; ">The Standing Committee further notes that there is a discrepancy in the government’s stand that the Intermediary Guidelines Rules are not mandatory, and are only "of advisory nature and self-regulation", and that "it is not mandatory for the Intermediary to disable the information, the rule does not lead to any kind of censorship". The Standing Committee points out the flaw in this, and notes that the language used in the rules is mandatory language (“shall act” within 36 hours). Thus, it rightly notes that there is a "need for clarity on the aforesaid contradiction". Further, it also notes that there is "there should be safeguards to protect against any abuse", since this is a form of private censorship by intermediaries."</p>
<h3 style="text-align: justify; ">Evidence Needed Against Foreign Websites</h3>
<p style="text-align: justify; ">The government has told the Standing Committee that "foreign websites repeatedly refused to honour our laws", however, it has not provided any proof for this assertion. The government should make public all evidence that foreign web services are refusing to honour Indian laws, and should encourage a public debate on how we should tackle this problem in light of the global nature of the Internet.</p>
<h3 style="text-align: justify; ">Cyber Cafes Rules Violate Citizens’ Privacy</h3>
<p style="text-align: justify; ">The Standing Committee also pointed out that the Cyber Cafe Rules violated citizens’ right to privacy in requiring that "screens of the computers installed other than in partitions and cubicles should face open space of the cyber café". Unfortunately, the Standing Committee did not consider the privacy argument against retention of extensive and intrusive logs. Under the Cyber Cafe Rules, cyber cafes are required to retain (for a minimum of one year) extensive logs, including that of "history of websites accessed using computer resource at cyber café" in such a manner that each website accessed can be linked to a person. The Committee only considered the argument that this would impose financial burdens on small cybercafes, and rejected that argument. CIS wishes the Committee had examined the provision on log maintenance on grounds of privacy as well."</p>
<h3 style="text-align: justify; ">Government’s Half-Truths</h3>
<p style="text-align: justify; ">In one response, the government notes that "rules under Section 79 in particular have undergone scrutiny by High Courts in the country. Based on the Rules, the courts have given reliefs to a number of individuals and organizations in the country. No provision of the Rules notified under Sections 43A and 79 of the IT Act, 2000 have been held <i>ultra vires</i>."</p>
<p style="text-align: justify; ">What the government says is a half-truth. So far, courts have not struck down any of the IT Rules. But that is because none of the High Court cases in which the vires of the Rules have been challenged has concluded. So it is disingenuous of the government to claim that the Rule have "undergone scrutiny by High Courts". And in those cases where relief has been granted under the Intermediary Guidelines, the cases have been ex-parte or have been cases where the vires of the Rules have not been challenged. The government, if it wants to defend the Rules, should point out to any case in which the vires of the Rules have been upheld. Not a single court till date has declared the Rules to be constitutional when that question was before it.</p>
<h3 style="text-align: justify; ">Lack of Representation of Stakeholders in Policy Formulation</h3>
<p style="text-align: justify; ">Lastly, the Standing Committee noted that it is not clear whether the Cyber Regulatory Advisory Committee (CRAC), which is responsible for policy guidance on the IT Act, has "members representing the interests of principally affected or having special knowledge of the subject matter as expressly stipulated in Section 88(2) of the IT Act". This is a problem that we at CIS also noted in November 2012, when the CRAC was reconstituted after having been defunct for more than a decade.</p>
<p style="text-align: justify; ">CIS hopes that the government finally takes note of the view of legal experts, the Standing Committee on Delegated Legislation, the Parliamentary motion against the Rules, and numerous articles and editorials in the press, and withdraws the Intermediary Guidelines Rules and the Cyber Cafe Rules, and instead replaces them with rules that do not infringe our constitutional rights.</p>
<hr />
<p style="text-align: justify; "><i>The Centre for Internet and Society is a non-profit research organization that works on policy issues relating to freedom of expression, privacy, accessibility for persons with disabilities, access to knowledge and IPR reform, and openness, and engages in academic research on digital natives and digital humanities. It was among the organizations that submitted evidence to the Standing Committee on Subordinate Legislation on the IT Rules</i>.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/cis-welcomes-standing-committee-report-on-it-rules'>https://cis-india.org/internet-governance/blog/cis-welcomes-standing-committee-report-on-it-rules</a>
</p>
No publisherpraneshIT ActPrivacyFreedom of Speech and ExpressionInternet GovernanceFeaturedCensorshipHomepage2013-04-03T10:54:52ZBlog EntryIndic Wikipedia Visualisation Project #1: Visualising Basic Parameters
https://cis-india.org/openness/blog-old/indic-wikipedia-visualisation-project-visualising-basic-parameters
<b>Sajjad Anwar and Sumandro Chattapadhyay bring you a visualisation of the growth of Indic Wikipedia in this first post on Indic Wikipedia Visualisation project. In doing so, the authors look into the different aspects of the past and present activities of Indic Wikipedias, and divide the visualisation into three different focus areas.</b>
<h3>Introduction</h3>
<p style="text-align: justify; ">Understanding how the Indic or the Indian language Wikipedia projects are growing is something that we have been interested in for quite sometime. We were delighted to come across this opportunity from the <a href="http://www.cis-india.org/">Centre</a><a href="http://www.cis-india.org/"> </a><a href="http://www.cis-india.org/">for</a><a href="http://www.cis-india.org/"> </a><a href="http://www.cis-india.org/">Internet</a><a href="http://www.cis-india.org/"> </a><a href="http://www.cis-india.org/">and</a><a href="http://www.cis-india.org/"> </a><a href="http://www.cis-india.org/">Society</a> (CIS) and <a href="http://www.wikimedia.org/">Wikimedia</a><a href="http://www.wikimedia.org/"> </a><a href="http://www.wikimedia.org/">Foundation</a>. We divided our analyses into three focus areas: (1) basic parameters, (2) geographic patterns of edits, and (3) exploring the topics that receives the greatest number of edits. The existing infographics and data visualisations that we found about Indic Wikipedias mostly engaged on the first area, and also emphasised on yearly aggregates. We thought a more granular, that is monthly, understanding and a focus on the geographic and thematic spread of the edits would be very helpful to further appreciate the activities.</p>
<p>We began by collecting data about the following basic parameters:</p>
<ol>
<li>Number of Editors</li>
<li>Number of Articles</li>
<li>Page Views</li>
<li>Number of Active Editors</li>
<li>Number of New Articles</li>
<li>Number of New Editors</li>
<li>Edit Size</li>
</ol>
<h3>Acquiring the data</h3>
<p style="text-align: justify; ">We explored the <a href="http://www.mediawiki.org/wiki/API">MediaWiki</a><a href="http://www.mediawiki.org/wiki/API"> </a><a href="http://www.mediawiki.org/wiki/API">API</a>, <a href="http://toolserver.org/">ToolServer</a> and the <a href="http://stats.wikimedia.org/">Wikimedia</a><a href="http://stats.wikimedia.org/"> </a><a href="http://stats.wikimedia.org/">Statistics</a><a href="http://stats.wikimedia.org/"> </a><a href="http://stats.wikimedia.org/">Portal</a>. These are several ways of obtaining data about Wikipedia in general. Depending on the use case, such as the quantity of data required or the need for customised/selective data scraping, any one or more of these methods of data gathering can be chosen. The API had limitations in terms of how much data you can access, and it is meant to be used to access actual Wikipedia entries. We, however, were looking for metadata about the entries/articles (such as when it was first created, when and how many times it was edited, etc.) and not the actual entries/articles, that is the actual contents of Indic Wikipedias. ToolServer is an excellent way of running custom scripts. Although, this takes for granted that user (of ToolServer) has substantial command over the back-end infrastructures and processes that Wikipedia runs on. We wrote a few scrapers to extract metadata about Indic Wikipedia projects from the ToolServer but not exactly being experts in the Wikipedia back-end systems, we found scraping from ToolServer rather time-and effort-intensive. The statistics portal is a well organised and an accessible place for collecting data for analyses. However, we came across several missing parameters and projects, that is the statistic portal did not have all the parameters and Wikipedia projects we were interested in. In our search for Indic Wikipedia datasets so far, we realised that the Wikimedia Analytics Team (WAT) puts a lot of effort in writing scripts and collecting various data at different levels. Wikimedia developer Yuvi Panda and the Access to Knowledge team at CIS, aware of our difficulty in obtaining the data, also pointed us towards the WAT. While we were already scraping data on some of the parameters, we approached the WAT whose prompt and very supportive response much accelerated our work process. The fantastic Wikimedia developers, especially Evan Rosen (a big ‘thank you’ for him) shared the needed data, which we cleaned up and archived at the <a class="external-link" href="https://github.com/geohacker/indicwiki">Github repository</a> for the project.</p>
<p style="text-align: justify; ">We obtained data for the period from January 2001 to December 2012. It appears that the Indic Wikipedia projects began their activities around 2005. A big part of cleaning the data involved identifying when each of the projects started and dropping data. There are <a href="https://meta.wikimedia.org/wiki/India_Access_To_Knowledge/Indic_Languages">20 </a><a href="https://meta.wikimedia.org/wiki/India_Access_To_Knowledge/Indic_Languages">Indic</a><a href="https://meta.wikimedia.org/wiki/India_Access_To_Knowledge/Indic_Languages"> </a><a href="https://meta.wikimedia.org/wiki/India_Access_To_Knowledge/Indic_Languages">Wikipedia</a> projects with 4,98,964 articles, 5,689 editors and over 3,35,49,102 readers.</p>
<h3 style="text-align: justify; ">Deciding upon chart types</h3>
<p style="text-align: justify; ">We spent quite some time discussing different methods of visualising the data. The major difficulty is that there are too many entities to be plotted. As each language must be plotted as a separate entity — point, line, circle, etc. — the chart has a tendency to become cluttered and illegible. Even if we take only one variable — say New Editors — there will still be 20 points or lines to be plotted. Hence, using any of the conventional charts becomes difficult. For example, if we chose a line chart with New Editors on the Y-axis and months on the X-axis, there will be 20 lines each of a different colour, representing different languages. Also, the five-six year monthly timeline translates into 60-72 temporal data points.</p>
<p style="text-align: justify; ">We have adopted two strategies, and related chart types, to address this difficulty.</p>
<p style="text-align: justify; ">Firstly, we used a monthly calendar-like heatmap chart that limits the temporal spread of data to one year for each section of the chart and uses a positionally uniform set of columns for each language so as to make reading the chart easier. Limiting each chart section to 12 months allow the user to focus on more granular movements of the variable concerned, say the number of New Editors per month. By representing each languages on an unique column, and not by an upwards-and-downwards moving line as in a line chart, makes it easier for the user to follow movements in each language (where movement is shown by the intensity of colour, as characteristic of heatmaps) without the need to have a separate coloured entity — point, line, circle — for each language.</p>
<p style="text-align: justify; ">Secondly, we used a motion chart, as made famous by Dr. Hans Rosling, that removes the temporal axis from X- and Y-axes of the chart and uses animated transition to represent temporal change. Motion chart has the unique ability to handle as many as five variables in an organised manner, using the following visual elements: X-axis, Y-axis, Z-axis (animated temporal transitions), size of bubbles, and colour of bubbles. It is, however, recommended that represented variables be limited to a maximum of four for easier legibility. In our case, we have used the X- and Y-axes to plot various related variables (which can be selected by the user) such as New Editors and New Articles, the Z-axis to represent time, and the colour of the bubbles to represent a third optional variable (also can be selected by the user). Since different Indian language Wikipedia projects often take a wide range of values for most variables, using the size of the bubble to represent any of those variables is avoidable. Further, the motion chart gives the user a lot of controls to explore the various projects and variables according to their interest and especially to compare particular projects and variables to each other.</p>
<p style="text-align: justify; ">Discussing the chart types with the Access to Knowledge team, we decided to use simpler line charts — emphasising upon single Indic Wikipedia projects — on the language-specific pages that we will be creating next.</p>
<h3 style="text-align: justify; ">Calendar charts</h3>
<table class="listing">
<tbody>
<tr>
<th><img src="https://cis-india.org/home-images/indicwiki_calendar_chart.png" alt="Indic Wikipedia Language Chart" class="image-inline" title="Indic Wikipedia Language Chart" /></th>
</tr>
<tr>
<td style="text-align: center; ">Calendar heatmap chart of New Editors across Indic Wikipedia projects, 2008-2011. Source: <a class="external-link" href="http://bit.ly/XDb3fa">http://bit.ly/XDb3fa</a></td>
</tr>
</tbody>
</table>
<p style="text-align: justify; ">We visualised three parameters using the calendar heatmap strategy: (1) <a href="http://geohacker.github.com/indicwiki/new-articles">New</a><a href="http://geohacker.github.com/indicwiki/new-articles"> </a><a href="http://geohacker.github.com/indicwiki/new-articles">Articles</a>, (2) <a href="http://geohacker.github.com/indicwiki/new-editors">New</a><a href="http://geohacker.github.com/indicwiki/new-editors"> </a><a href="http://geohacker.github.com/indicwiki/new-editors">Editors</a>, (3) <a href="http://geohacker.github.com/indicwiki/active-editors">Active</a><a href="http://geohacker.github.com/indicwiki/active-editors"> </a><a href="http://geohacker.github.com/indicwiki/active-editors">Editors</a>.</p>
<p style="text-align: justify; ">The New Articles Calendar shows new articles posted on every Indic Wikipedias for every month since 2004. It was interesting to note the few number of articles in 2012 for all the languages. The first language to have the most number of new articles is Bengali. Hindi picks up around same time with fewer number of articles. Except Urdu and Nepali, every other language dropped in the number of new articles. However, we should remember that a lower number of new articles does not necessarily indicate at low overall activity in the project concerned.</p>
<p style="text-align: justify; ">Like the new articles, we wanted to explore the patterns in the number of new editors across all of the Indic Wikipedia projects. As you run through the new editors calendar chart, it is evident that there is consistent growth in the editor base for few projects like Hindi, Marathi, Bengali, Telugu, Tamil, Kannada and Malayalam. If one takes a step back and compares this with the number of new articles chart, something is not very clear -- in some of the projects, there is a growth in the number of editors but not many new articles are posted. We are very keen to understand why this has happened.</p>
<p style="text-align: justify; ">If we look at the active editors calendar, Tamil started with 2 active editors in January 2004 and with few ups and downs grew to about 115 active editors in December 2012. Malayalam started slow in late 2004 with 2 editors and grew to 155 active editors in December 2012. We are sure the viewers should be able to find out more patterns by studying the charts closely and comparatively.</p>
<h3 style="text-align: justify; ">Motion chart</h3>
<p style="text-align: justify; ">We developed <a href="http://geohacker.github.com/indicwiki/motion_chart.html">a</a><a href="http://geohacker.github.com/indicwiki/motion_chart.html"> </a><a href="http://geohacker.github.com/indicwiki/motion_chart.html">motion</a><a href="http://geohacker.github.com/indicwiki/motion_chart.html"> </a><a href="http://geohacker.github.com/indicwiki/motion_chart.html">chart</a><a href="http://geohacker.github.com/indicwiki/motion_chart.html"> </a><a href="http://geohacker.github.com/indicwiki/motion_chart.html">comparing</a><a href="http://geohacker.github.com/indicwiki/motion_chart.html"> </a><a href="http://geohacker.github.com/indicwiki/motion_chart.html">five</a><a href="http://geohacker.github.com/indicwiki/motion_chart.html"> </a><a href="http://geohacker.github.com/indicwiki/motion_chart.html">variables</a>: (1) Active Editors (> 5 edits per month), (2) New Editors, (3) Total Editors, (4) New Articles, and (5) Total Articles. When the visualisation is opened, Total Editors is plotted on the X-axis, Total Articles is plotted on the Y-axis, the colour of the bubbles indicate the Active Editors (Blue is low and Red is high) and the sizes of the bubbles are kept the same for easier comparison.</p>
<p style="text-align: justify; ">The user can click on the drop down menus at the X- and Y-axes, and next to the size and colour variables, and make them represent different variables.</p>
<p style="text-align: justify; ">We chose to configure the X- and Y-axes to show the data in logarithmic scales and not in linear scales. Since most projects experience small increments over time and there exists a wide difference between the most and the least popular/active projects, the logarithmic scale is better suited to represent the changes in the given data. The user has the option to select linear scale at the end of both X- and Y-axes (click on "Log").</p>
<p style="text-align: justify; ">As evident in the visualisation, the Newari project and the Hindi-Malayalam project cluster show very interesting contrasting dynamics — while both achieve similar Total Articles numbers, the latter is much more editor-heavy. This suggests a smaller but more active editor community for the Newari project.</p>
<p style="text-align: justify; ">Please click on the image of the motion chart below to open the interactive version in a separate window. The code can be accessed at the project repository on <a class="external-link" href="https://github.com/geohacker/indicwiki">Github</a>.</p>
<table class="listing">
<tbody>
<tr>
<th><img src="https://cis-india.org/home-images/indicwiki_motion_chart.png" alt="Indic Wiki Motion Chart" class="image-inline" title="Indic Wiki Motion Chart" /></th>
</tr>
<tr>
<td>Motion chart comparing multiple variables across Indic Wikipedia projects, 2001-2011. Source: <a class="external-link" href="http://bit.ly/Yw4Wzq">http://bit.ly/Yw4Wzq</a></td>
</tr>
</tbody>
</table>
<hr />
<p style="text-align: justify; "><a class="external-link" href="http://sajjad.in/">Sajjad Anwar</a> is a programmer based in Bangalore. <a class="external-link" href="http://www.ajantriks.net/">Sumandro Chattapdhyay</a> is a researcher based in Delhi. They often work together.</p>
<hr />
<p>
For more details visit <a href='https://cis-india.org/openness/blog-old/indic-wikipedia-visualisation-project-visualising-basic-parameters'>https://cis-india.org/openness/blog-old/indic-wikipedia-visualisation-project-visualising-basic-parameters</a>
</p>
No publisherSajjad Anwar and Sumandro ChattapadhyayAccess to KnowledgeWikimediaWikipediaFeaturedOpenness2013-03-26T10:04:43ZBlog EntryNational Resource Kit: The Lakshadweep Chapter (Call for Comments)
https://cis-india.org/accessibility/blog/national-resource-lakshadweep-chapter-call-for-comments
<b>The National Resource Kit team is pleased to bring you its research on the state of laws, policies and programmes for persons with disabilities in the state of Lakshadweep. </b>
<p style="text-align: justify; ">The Department of Social Justice, Empowerment and Culture is responsible for welfare of persons with disabilities in Lakshadweep. The union territory has an estimated population of <a class="external-link" href="http://www.socialjustice.nic.in/statewisedisabled.php">1678</a> persons with disabilities in a total population of <a class="external-link" href="http://www.census2011.co.in/census/state/lakshadweep.html">64,429</a> people. Lakshadweep implements two schemes under Skill Development & Employment, three schemes under Social Security, Health, Rehabilitation & Recreation and has notified authorities for disability Certification and certifying Organisations & Individuals for Persons with Disabilities.</p>
<p style="text-align: justify; "><a href="https://cis-india.org/accessibility/blog/lakshadweep-chapter.pdf" class="internal-link">Click to download the full chapter</a> (PDF, 187 Kb)</p>
<p>
For more details visit <a href='https://cis-india.org/accessibility/blog/national-resource-lakshadweep-chapter-call-for-comments'>https://cis-india.org/accessibility/blog/national-resource-lakshadweep-chapter-call-for-comments</a>
</p>
No publisheranandiFeaturedAccessibility2014-02-20T10:00:32ZBlog EntryWiki Women's Day in Goa
https://cis-india.org/openness/blog-old/wiki-womens-day-in-goa
<b>International Women's Day (IWD), also called International Working Women's Day, is celebrated on March 8, every year. There were a series of Wikipedia events organised this year with the aim of increasing participation of women contributing to Wikipedia. One such event was organised by the Access to Knowledge team at the Centre for Internet and Society and the Wikimedia India Chapter at the Nirmala Institute of Education (NIE), a Secondary Teacher Education College in Panaji, Goa on March 8, 2013.</b>
<p align="JUSTIFY">NIE is a respected institution providing pre- and in-service teacher education to thousands of teachers and about a 100 of them (99 per cent of the participants being women) joined in to learn Wikipedia editing and increase women related content on Wikipedia.</p>
<p align="JUSTIFY">Rohini Lakshane from the Wikimedia India Chapter and Nitika Tandon from Access to Knowledge, CIS lead the session jointly. The session began with the introduction of Wikipedia, Wikipedia volunteers, the five pillars, motivation of volunteers to contribute to Wikipedia tirelessly and a brief of different activities that are being organised to strengthen the Wikimedia movement in India. Most of the students and faculty members were curious about two main things:</p>
<ol>
<li style="text-align: justify; ">How to integrate the new community of editors in Goa with the larger Indian and global community?</li>
<li style="text-align: justify; ">How can teachers and students use Wikipedia to advance students' knowledge and add useful content to Wikipedia?</li>
</ol>
<table class="listing">
<tbody>
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<th>
<p><img src="https://cis-india.org/home-images/NethasVideo.png/@@images/7c6006be-6dee-4a10-b4bf-982ca38cf478.png" title="Netha's Video" height="247" width="330" alt="Netha's Video" class="image-inline" /></p>
<p style="text-align: center; ">Participants watching Netha's video</p>
</th>
<td style="text-align: justify; ">
<p>To answer the first part, participants were informed about regular Wiki meet ups in different cities, several city based and language based Wikipedia mailing lists where one can find volunteer friends, active use of user talk pages and village pumps, Wikimedia India Facebook page amongst many others.</p>
<p>To address the second part there was also a brief discussion about wiki project classroom coordination with specific examples from universities around the world. The teachers and faculty members will be sent a detailed outline of the program, list of universities with on-going projects, list of teachers who have used Wikipedia as a teaching tool and are willing to serve as a contact to help others set up a similar teaching courses.</p>
</td>
</tr>
</tbody>
</table>
<p align="JUSTIFY">The session was planned to go on until late evening with hands on editing in the computer lab. But unfortunately, we (Rohini and Nitika) were informed that the session will have to close before the scheduled closing time as participants had to leave. Except for two or three participants coming on stage and making their user accounts and another 3-4 article edits, we couldn't include more editing as a part of the outreach session, primarily due to time constraint. We're hoping that at a small percentage of participants would try actual editing at home and contribute to women related articles and some of them will be successful in using Wikipedia as a teacher's tool. We have their contact details and we'll try and monitor their on Wiki activities and provide them support whenever needed.</p>
<table class="invisible">
<tbody>
<tr>
<th><img src="https://cis-india.org/home-images/NIEWikipediaWorkshop.png" alt="NIE Wikipedia Workshop" class="image-inline" title="NIE Wikipedia Workshop" /></th>
</tr>
<tr>
<td style="text-align: center; ">A picture of participants doing Wiki editing at the NIE workshop in Goa</td>
</tr>
</tbody>
</table>
<p>
For more details visit <a href='https://cis-india.org/openness/blog-old/wiki-womens-day-in-goa'>https://cis-india.org/openness/blog-old/wiki-womens-day-in-goa</a>
</p>
No publishernitikaAccess to KnowledgeWikimediaWikipediaFeaturedWorkshopOpenness2013-03-19T06:32:25ZBlog EntryNational Resource Kit : The West Bengal Chapter (Call for Comments)
https://cis-india.org/accessibility/blog/the-west-bengal-chapter
<b>The National Resource Kit team is pleased to bring you its research on the state of laws, policies and programmes for persons with disabilities in the state of West Bengal.</b>
<hr />
<p>Note: The chapter is an early draft and will undergo subsequent modifications. We welcome comments and feedback from our readers.</p>
<hr />
<h2>Executive Summary</h2>
<p style="text-align: justify; ">The state of West Bengal has issued the West Bengal Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules 1999 to implement the provisions under the central Persons with Disabilities (Protection of Rights, Equal Opportunities and Full Participation) Act 1995.</p>
<p style="text-align: justify; ">The Department of Women and Child Development and Social Welfare is primarily responsible for the welfare of persons with disabilities in the state. The government of West Bengal has issued six notifications in education, ten notifications in employment and training, ten notifications in health and rehabilitation, ten notifications in social protection and two notifications in transport for persons with disabilities.</p>
<ul>
<li>Capital: Kolkata</li>
</ul>
<ul>
<li>Population: 91,347,736</li>
</ul>
<ul>
<li>Population of persons with disabilities: 1,847,184 </li>
</ul>
<ul>
<li>Literacy: 77.08%</li>
</ul>
<ul>
<li>HDI: 0.625 Ranked: 19th (2005 status) </li>
</ul>
<ul>
<li>Department: Department of Women and Child Development and Social Welfare</li>
</ul>
<ul>
<li>Other authorities: Office of the Chief Commissioner for Persons with Disabilities</li>
</ul>
<hr />
<p><a href="https://cis-india.org/accessibility/blog/west-bengal-chapter.pdf" class="internal-link">Click</a> to download the West Bengal chapter (PDF, 344 Kb)</p>
<p>
For more details visit <a href='https://cis-india.org/accessibility/blog/the-west-bengal-chapter'>https://cis-india.org/accessibility/blog/the-west-bengal-chapter</a>
</p>
No publisheranandiFeaturedAccessibility2013-11-07T06:19:34ZBlog Entry