The Centre for Internet and Society
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The Hathitrust Judgment and its impact on TVI negotiations at WIPO
http://editors.cis-india.org/accessibility/blog/hathitrust-judgment-and-its-impact-on-tvi-negotiations-at-wipo
<b>Those of you who have been following my earlier posts on the WIPO negotiations on the Treaty for the Visually Impaired will remember that one of the biggest concerns of the World Blind Union on the draft wording of the Treaty was with the definition of an “authorized entity” that can undertake conversion and distribution of accessible format copies.</b>
<p style="text-align: justify; ">Before the WIPO intersessionals began on October 17, 2012, the definition of “authorized entity” in the draft Treaty prescribed that only authorized entities that address the needs of beneficiary persons as one of their <b><i><span style="text-decoration: underline;">primary</span></i></b> (in brackets) activities or institutional obligations can undertake conversion and distribution of books in accessible formats. This requirement is unacceptable since it will exclude many legitimate organisations and institutions that undertake these activities but who do not address the needs of beneficiary persons as a “primary” activity or institutional obligation. Some examples of such organisations/institutions are mainstream education institutions and mainstream libraries. Delhi University which has a large number of blind students will be excluded and this is unacceptable.</p>
<p style="text-align: justify; ">The main proponents pushing for the word "primary" was the United States and the European Union while India and other developing countries wanted the word to be deleted for obvious reasons. There was a virtual deadlock in the negotiations on this particular point.</p>
<p style="text-align: justify; ">The United States was pushing for the word “primary” because under <a href="http://goo.gl/E5jlr" target="_blank">US Copyright law</a>, an authorized entity means a nonprofit organization or a governmental agency that has a <b><i><span style="text-decoration: underline;">primary mission</span></i></b> to provide specialized services relating to training, education, or adaptive reading or information access needs of blind or other persons with disabilities. Under US law there was uncertainty as to whether educational institutions and libraries would be covered under the definition of “authorized entity”.</p>
<p style="text-align: justify; ">Enter the HathiTrust Judgment <a href="http://www.tc.umn.edu/~nasims/HathivAG10_10_12.pdf">http://www.tc.umn.edu/~nasims/HathivAG10_10_12.pdf</a>. The judgment, which was pronounced a few days before the October WIPO intersessionals by the New York Southern District Court, held that libraries and educational institutions fall under the definition of “authorized entities” under US law.</p>
<p style="text-align: justify; ">The US delegation to WIPO was instantly alerted about this judgment and was requested to negotiate broader wording for authorized entities under the Treaty as was now the position under US law.</p>
<p style="text-align: justify; ">At the intersessionals that concluded on October 19, as observers, we were not allowed into the room and the discussions were happening between the Member States but at the end of the intersessionals this is the proposed wording of authorized entity:</p>
<p style="text-align: justify; ">Authorized entity means an entity that is authorized or recognized by the government to provide education, instructional training, adaptive reading or information access to beneficiary persons on a non-profit basis. It also includes a government institution or non-profit organization that provides the same services to beneficiary persons as one of its primary activities or institutional obligations.</p>
<p style="text-align: justify; ">As can be seen from above, this definition is broader than the previous definition since the word primary has been deleted from the main definition and it explicitly covers educational institutions and libraries. It is also interesting to note that even for profit entities that provide the above services on a non-profit basis to beneficiaries are covered.</p>
<p style="text-align: justify; ">It remains to be seen what form the definition of authorized entities will take but the HathiTrust judgment has definitely helped in the negotiation process.</p>
<p style="text-align: justify; ">The next meeting of the Standing Committee on Copyright and Related Rights takes place in Geneva between November 19 and November 23, 2012.</p>
<p style="text-align: justify; ">Watch this space for updates. See my <a class="external-link" href="http://goo.gl/JpPkO">earlier posts on the WIPO negotiations</a>.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/accessibility/blog/hathitrust-judgment-and-its-impact-on-tvi-negotiations-at-wipo'>http://editors.cis-india.org/accessibility/blog/hathitrust-judgment-and-its-impact-on-tvi-negotiations-at-wipo</a>
</p>
No publisherRahul CherianAccessibilityAccess to KnowledgeWIPO2012-10-30T04:28:24ZBlog EntryThe disabled also grapple with copyright issues
http://editors.cis-india.org/news/the-disabled-also-grapple-with-copyright-issues
<b>An article in The Hindu by Deepa Kurup - 03rd December, 2009</b>
<p>Go beyond Braille to include e-formats in amendment, they tell Government </p>
<p>MOVING AHEAD: Making books legally available in e-format will fuel technology-enabled learning among the blind.</p>
<p>BANGALORE: Young management executive Hari Raghavan, who is visually impaired, runs into a moral obstacle every time he wishes to read a contemporary novel or a management textbook protected under copyright. For, the Indian Copyright Act (1957) does not explicitly allow for conversion and distribution of reading material in alternative formats persons with disability can access.</p>
<p>While a proposed draft amendment to the Act includes a clause that allows for “specialised formats” such as Braille and sign language, it nevertheless ignores the needs of a large section of the disabled. Rights groups are currently lobbying for equal access for people like Mr. Raghavan and others with medical conditions such as cerebral palsy, dyslexia, multiple sclerosis or paralysis. The amendment is legally discriminatory as it requires these people to apply for licences to the Copyright Board, which will finalise licence terms and royalties, explains Rahul Cherian, a copyright lawyer working with Inclusive Planet, a non-governmental organisation working in this sector.</p>
<p>'Use technology’ <br />Mr. Raghavan’s dilemma is precisely what drives the need to modify this clause. An IBM employee set to receive the Empowerment of People with Disability 2009 Award from President Pratibha Patil on Thursday, his blindness was a “deteriorating condition” so he never took to Braille. “Like me, a significant number of the ‘late blind’ use computers and e-formats to read. Making books legally available in e-formats is critical as it will fuel greater technology-enabled learning among the blind,” he says.</p>
<p>In a country where less than 0.5 per cent of printed material is available in e-format, it is imperative that the law makes it easier to access copyrighted works, Mr. Cherian explains. His Right to Read campaign, in association with Bangalore-based Centre for Internet and Society, attempts to address these very issues. “Why should a person with cerebral palsy who cannot hold a book or a dyslexic person having trouble reading print not be treated on a par with someone who uses Braille?” he asks.</p>
<p>Onscreen keyboard <br />For instance, 26-year-old Deepa Narasimhan suffers from spinal muscular dystrophy. Her condition does not allow her to hold a book or flip through its pages. However she can read text on her computer using an onscreen keyboard. This self-taught graphic designer says in this “technological world” such legislation could change the way she looks at making copies of books. “If there was a legal and easy way for us to get a book converted, it would make a world of difference,” she says. At present she has to scan every page of a textbook for her correspondence course. “I find it difficult to make people understand why I need everything in an e-format. Recognising my condition legally and making a provision for us would really broaden our horizon.” </p>
<p><a class="external-link" href="http://www.hindu.com/2009/12/03/stories/2009120357550200.htm">Link to the original article</a></p>
<p> </p>
<p><br /><br /></p>
<p>
For more details visit <a href='http://editors.cis-india.org/news/the-disabled-also-grapple-with-copyright-issues'>http://editors.cis-india.org/news/the-disabled-also-grapple-with-copyright-issues</a>
</p>
No publisherradhaAccessibility2009-12-03T09:34:58ZNews ItemThe Case for Accessible Banking
http://editors.cis-india.org/accessibility/accessible-banking
<b>Dinesh Kaushal examines the state of accessibility of banking services in India. By giving concrete examples of shortcomings in existing ATMs and net banking facilities which make it difficult for persons with disabilities to do electronic transactions, Dinesh urges banks to make a move to upgrade their ATMs and make their web services accessible. </b>
<p>The Automated Teller Machine (ATM) with its facility for withdrawing cash on the go and transacting banking business through internet has become a vital aspect of everyday life. It is important for independent living and this facility should be made available universally, particularly for the disabled for whom visiting the banks may be difficult. However, despite a universal recognition of the importance of this facility, only a few countries have taken the necessary steps to enable it for persons with disabilities.</p>
<p>ATM machines and net banking have brought comfort for every one of us except for a few who are unable to use such conveniences. In India, although the Reserve Bank of India appears to have identified this as a needful area, barely a handful of accessible ATMs are available for use by persons with disabilities. There are people who can't see, who can't walk or use their hands and more often than not persons with such disabilities are dependent on family members or friends to use ATM facilities like withdrawing cash, checking mini statements, requesting for a new chequebook, transferring funds, etc. This needs to change. A better tomorrow can be made only if we start moving now.</p>
<p>Technology and careful consideration can make a major difference between frustrating limitations and exhilarating independence. Technology has radically transformed the way persons with disabilities live their daily lives. For example, a blind person can today browse the internet, communicate through e-mails, and read and write documents with the assistance of a special software called screen reader that speaks out the text on the computer screen. It was unimaginable for a blind person to read or write printed text prior to the arrival of computers. Despite these advancements, the impact of technology is yet to be seen in some areas.</p>
<p>The advent of ATM and internet banking could potentially make persons with disabilities more independent in respect of personal financial matters. Someone who can’t walk could do most of the transactions from his or her home, without the hassle of going to the bank. Similarly, a blind person could use the bank’s website to make payments without worrying about the hassle of having to deal with print document such as cheques or other bank documents.</p>
<p>As we know, an ATM is used to withdraw money from the bank or to do other transactions that help us to operate our bank accounts such as checking our bank balances or ordering cheque books. An ATM's interface is mostly visual. We go to an ATM machine, look at the machine to know where to insert the ATM card, and then interact with the screen that helps us to complete our transactions.</p>
<p>A blind person or an illiterate person can't read the ATM screen. They would need the help of another person to operate it. But many a times, it is impossible to find someone who can help to access the ATM machine, and even if one can find help, it is often impossible to find a trustworthy person with whom one’s bank details can be shared.</p>
<p>Accessing an ATM is also challenging for wheelchair bound persons and even though such persons can read the screen of an ATM machine, they find it difficult to reach the machine itself because often there are stairs to reach the room where the ATM machine is kept. Furthermore, even where they manage to get inside, the screen and keypad of the ATM machine are often too high to be operated by someone seated on a wheelchair. A physically disabled person might have to hand over his ATM card and pin to someone to withdraw cash on his behalf.</p>
<p>There are similar problems with net banking. Net banking makes it easy to do various transactions from the comforts of our home, and for persons with disabilities it can become a blessing. Many of the offline transactions that could be daunting for persons with disabilities can be easily done on an accessible website. For example, a blind person will definitely need help to write cheques or read printed bank statements, but the same transactions can be done independently through net banking with the help of a talking computer or a talking mobile phone. Net banking websites must be made accessible so that persons with disabilities can use them. But many net banking websites are not developed using standard web technologies such as proper html tags and Accessible Rich Internet Applications for complex applications, making it difficult for a person with disability to use such websites independently. For example, tabular information can be shown just by arranging it with tabs and spaces, but such arrangement makes it difficult for assistive software to allow meaningful interaction with the table. Instead of table with spaces and tabs, html provides tags to mark such table elements, and assistive technology allows keystrokes to explore such tables. For example, Citibank’s statements provide all entries of one column as one cell so all entries’ details are in one cell, and their amounts or other information is in another cell. However, for a person using assistive technology, it is easy if each entry has its own cell and each entry is in a row. Without proper table marking it is difficult to match each entry’s details.</p>
<p>There are standards and technologies that make it possible for a person with disability to access websites and ATM machines, such as text to speech or ability to playback audio files for ATMs and Web Content Accessibility Guidelines (WCAG) 2.0 for websites. But technology doesn’t work on its own alone. Application of accessible technology requires willingness of the banks and other parties. For example, ATM manufactures often have ATM machines that can start talking with very few modifications such as the mere addition of audio recordings for the messages on screen, and most of the accessibility problems with net banking websites are minor fixes as well. For example, one such problem is where a bank’s website may be mostly accessible, but its net banking portal (the interface that is used during making payments for online transactions) may not have the option to enter the password with the keyboard, although the same bank’s site would allow entry of the password with the keyboard during the normal login process. Even though such fixes do not require expensive modifications, it is hard to find accessible ATM machines and accessible websites.</p>
<p>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. This interface is similar to the IVR that we use in phone banking. Providing audio messages via a headphone jack is safe as well. Installing talking ATM technology is not very expensive. It might range anywhere between Rs. 25,000 and Rs. 50,000.<a href="http://editors.cis-india.org/accessibility/accessible-banking#fn1" name="fr1">[1]</a></p>
<p>It is understandable that banks can't upgrade all the ATM machines simultaneously, but they must start somewhere, so they may try any one of the following:</p>
<ol><li>Make sure that all new ATM installations are audio enabled, as all major ATM manufacturers now produce talking ATMs including: Triton, NCR, Wincor-Nixdorf, Diebold, and Fujitsu.</li><li>Evaluate all the existing ATM machines to find out if they can be converted to talking ATM machines by only upgrading the software. If that is the case, upgrade the software with the help of the manufacturer.</li><li>Find out if the remaining ATM machines can be converted to talking ATM machines by adding special hardware. The manufacturer of that ATM would be able to provide such hardware.</li><li>For the rest of the ATM machines, mark them and when possible replace them with new machines.</li></ol>
<p>To understand how talking ATM machines work, you can either check out the ATMs of the Punjab National Bank or IndusInd Bank or listen to an online recording of episode 138 of a radio show <em>Eyeway Yeh Hai Roshni Ka Karwan</em>. The discussion about talking ATM starts after 9 minutes 20 seconds of the episode.<a href="http://editors.cis-india.org/accessibility/accessible-banking#fn2" name="fr2">[2] </a></p>
<p><a href="http://editors.cis-india.org/accessibility/accessible-banking#fn2" name="fr2"></a></p>
<p>In order to make banking more accessible, make sure that the following strategies are followed:</p>
<ol><li>
Start with good usability practices such as the full participation of persons with disabilities during the implementation of accessible features. For example, involvement of blind persons in evaluating the effectiveness of the speech quality and information spoken by the talking ATM would make it possible to develop systems that are usable.</li><li>Ensure that there is a fair representation of various disabilities. Make it possible for people who use wheelchairs to reach the ATM.</li><li>For the net banking to be accessible, Web Content Accessibility Guidelines should be followed, and the websites must be tested by persons with disabilities.</li></ol>
<p>Accessible banking is good business as well as social responsibility of the banks. In India, this has even been acknowledged by the RBI, which has issued a notification (DBOD.No.Leg.BC.123 /09.07.005/2008-09)<a href="http://editors.cis-india.org/accessibility/accessible-banking#fn3" name="fr3">[3]</a> suggesting that at least one-third of the new ATMs of all banks must be accessible. There are already some examples such as the Punjab National Bank that has a few talking ATM machines in Jaipur. State bank of India had announced in January 2010 that it will install 7000 talking ATMs,<a name="fr4" href="#fn4">[4]</a> but but we do not know what is the status now. Another problem is that many ATMs have limited accessibility such as talking welcome message or signout message, but that does not pass as accessible ATM. We must at least achieve the target set by the RBI.</p>
<p>Some countries have already implemented talking ATMs on a very large scale. For example, in the United States one in every four ATMs are talking ATMs. In Canada, there is a national standard (CSA B651.1-09 - Accessible design for automated banking machines). This standard is <a class="external-link" href="http://www.techstreet.com/cgi-bin/detail?doc_no=csa%7Cb651_1_09;product_id=1614085">available for purchase</a> for the implementation of accessible ATMs. In 2011 UK's leading charity for blind and partially sighted people, RNIB, launched a campaign to get major banks to install talking cash machines.</p>
<p>Financial independence in the true sense is possible only when a blind person or someone who is in a wheelchair can perform all banking transactions without the need of help from someone else.</p>
<hr />
<p><strong>Notes</strong><br />[<a name="fn1" href="#fr1">1</a>].This information is provided by Dinesh Gujjar, see the acknowledgement below.<br />[<a name="fn2" href="#fr2">2</a>].The episode can be downloaded at<a class="external-link" href="http://www.inclusiveplanet.com/en/book/524145"> http://www.inclusiveplanet.com/en/book/524145</a><br />[<a name="fn3" href="#fr3">3</a>].<a class="external-link" href="http://www.rbi.org.in/commonman/English/scripts/Notification.aspx?Id=408">http://www.rbi.org.in/commonman/English/scripts/Notification.aspx?Id=408<br />[</a><a href="http://editors.cis-india.org/accessibility/accessible-banking#fr4" name="fn4">4</a>]. <a class="external-link" href="http://www.business-standard.com/india/news/sbi-to-install-7000-talking-atms-for-visually-challenged/82526/on">http://www.business-standard.com/india/news/sbi-to-install-7000-talking-atms-for-visually-challenged/82526/on</a></p>
<hr />
<strong>Acknowledgement and reference</strong>
<ol><li>The information regarding accessible banking in foreign countries and names of ATM manufacturers who provide accessible ATM machines has been obtained from the “make money talk” campaign report – RNIB. <a class="external-link" href="http://www.rnib.org.uk/getinvolved/campaign/yourmoney/cashmachine/Pages/make_money_talk.aspx">http://www.rnib.org.uk/getinvolved/campaign/yourmoney/cashmachine/Pages/make_money_talk.aspx</a></li><li>Some background information is also available at the talking ATM page of the Wikipedia. <a class="external-link" href="http://en.wikipedia.org/wiki/Talking_ATM">http://en.wikipedia.org/wiki/Talking_ATM</a></li><li>I am thankful to Dinesh Gujjar of Punjab National Bank for providing me the information about PNB's talking ATM machines and existence of the RBI notification that requests banks to provide one-third ATMs as talking ATMs.</li><li>I am also thankful to Pranay Gadodia and Satguru Rathi from Eyeway for connecting me with Dinesh Gujjar and providing me with the text of the <a class="external-link" href="http://rbi.org.in/scripts/NotificationUser.aspx?Id=4961&Mode=0">RBI notification</a> mentioned above. <br /></li></ol>
<p><br /><a class="external-link" href="http://www.business-standard.com/india/news/sbi-to-install-7000-talking-atms-for-visually-challenged/82526/on"></a></p>
<p>
For more details visit <a href='http://editors.cis-india.org/accessibility/accessible-banking'>http://editors.cis-india.org/accessibility/accessible-banking</a>
</p>
No publisherDinesh KaushalAccessibility2012-01-03T04:54:14ZBlog EntryThe Business Case for Web Accessibility
http://editors.cis-india.org/accessibility/business-case-for-web-accessibility
<b>NASSCOM Foundation has published a handbook on web accessibility titled "Understanding WebAccessibility — A Guide to create Accessible Work Environments". Nirmita Narasimhan authored a chapter "The Business Case for Web Accessibility".</b>
<p>The Internet is perhaps one of the most revolutionary things that happened for persons with disabilities. It has transformed their lives from one of ignorance and dependence to one of inclusion and participation. Using assistive technologies, blind persons can now read newspapers and information on websites, deaf persons can understand video content through captioning and persons with different disabilities can access computers in a variety of ways. However, despite these exciting developments in assistive technologies, the relative inaccessi-bility of websites remains a severe impediment to disability access to the internet.</p>
<p>There may be several reasons for complying with web accessibility. These may be:</p>
<ul><li>Social (i.e. acknowledging the right of persons with disabilities to have equal access to information and opportunities offered by the internet);</li><li>Legal reasons (i.e. complying with national guidelines, policies or laws);</li><li>Technical (i.e. ensuring increased interoperability, reducing server load, time taken in website maintenance and better quality websites); and</li><li>Business (i.e. realizing that having an accessible website makes good business sense).</li></ul>
<p>This article focuses on the last reason, i.e. business drivers for web accessibility.</p>
<p>Web accessibility means that a website can be accessed completely by all users, regardless of disability or any disabling factor such as illiteracy, old age or limited bandwidth. Compliance with the Web Content Access Guidelines (WCAG) will ensure that a website will be equally accessible to all disabled users, irrespective of the type of disability (visual, motor, auditory, cognitive or persons who are prone to seizures). Contrary to common belief, an accessible website is not necessarily a boring one. In fact, often times, the difference between an accessible and an inaccessible website may not be evident visually, but only upon use.</p>
<p>It is important for business houses to bear in mind that making websites accessible not only benefits persons with disabilities, but is helpful to every user. For instance, captioning of videos for the deaf will also benefit illiterate persons and persons having limited bandwidth, who constitute a sizeable percentage of the Indian population. Furthermore, nearly everyone benefits from clearly structured content, easy navigation and illustrated graphics. There are over a billion persons with disabilities living around the world, over 70 million in India alone and some surveys also estimate that one fifth of internet users have some form of disability or disabling condition. Hence companies which ensure that their web sites are accessible will be assured of a much wider reach than companies whose websites are not accessible.</p>
<p>An important aspect of creating an accessible website is that if a website is designed and developed in an accessible manner from the very beginning, its cost would exceed the cost of creating an inaccessible web site by perhaps merely 2%. However, on the other hand, if one were to have to retrofit accessibility features into a website, the cost and effort would be the same as that of creating an entirely new site. Furthermore, while the website would become accessible, the maintenance and day to day activities on it would also need to continue to be accessible. An accessible web site enhances ease of maintenance and scalability. Companies must also ensure that the developers maintaining the website must have a good understanding of WCAG.</p>
<p>Perhaps one of the biggest advantages of having an accessible web site is that it also increases its chances of ranking and visibility amongst search engines. There is a significant overlap between guidelines for accessibility and SEO. For instance, both of them require alternative text for graphics, clearly defined heading structures, identification of language of pages and page content, descriptive links etc. Having an accessible website will ensure that it can be accessed on new browsing technologies and platforms, like mobile phones and PDAs. Not only is navigation and usability enhanced, but the separation of content from presentation drastically reduces the download time of accessible web sites, rendering it a pleasurable experience for users to visit the web site.</p>
<p>There is a clear business case in creating products and web sites which are accessible. This is evident in the fact that some of the largest and most successful companies in the world have incorporated accessibility and universal design in their products and services. For instance,</p>
<table class="plain">
<tbody>
<tr>
<td>
<ul><li>Apple has been committed to accessibility since 1985 and its accessibility website3 features all its accessibility technologies for persons with disabilities as well as other third party products. Apple has integrated universal access into its operating system so that they are usable with Apple and other products.</li></ul>
<ul><li>The accessibility statement on the web site of General Electric4 gives details of its ongoing work on the accessibility of its website and a disabled user can track the company's progress by reading this page. It also provides a help facility for persons who are unable to use the site due to access problems.</li></ul>
<ul><li>A stunning example of a company which has made huge business profits through application of universal design principles in its products is that of NTT DoCoMo which came out with its accessible line of mobile phones called the “Raku-Raku” phone and rapidly captured the majority market share of mobile phones in Japan. The company has sold up to 20 million5 handsets as of July 2011 since its inception and released 18 models.</li></ul>
</td>
<td><img src="http://editors.cis-india.org/home-images/mobile.png/image_preview" alt="mobile accessibility" class="image-inline image-inline" title="mobile accessibility" /></td>
</tr>
</tbody>
</table>
<p>Some further examples of companies which are committed to accessibility are Cisco Systems Inc.6, AT&T Services Inc.7, France Telecom8, Google9, Hewlett-Packard10, IBM11, Microsoft Corporation12, Nokia13 and Vodafone14. The web sites of these companies have detailed information on the key areas of their accessibility work. </p>
<p>It is therefore clear that companies are increasingly recognizing the wisdom of unlocking their content to a larger audience. Not only do they increase their customer base, but also are able to garner loyalty from their customers as well as bolster their image by showing consideration towards customers with different needs. </p>
<p>The publicity that can be leveraged by business houses on account of their commitment to accessibility and inclusion will go a long way in building a good and lasting relationship with their customers. Hence, companies are strongly urged to make a concerted effort to promote web accessibility through awareness, internal policies and providing requisite training and support. In a world where policy makers are also increasingly becoming aware of the need for web accessibility and mandating it through policies, it will become inevitable for both public and private organizations to have websites which are universally accessible.</p>
<p>Read the original published by NASSCOM Foundation <a class="external-link" href="http://www.nasscomfoundation.org/web_accessibility/index.html#businesscase">here</a></p>
<p><img src="http://editors.cis-india.org/accessibility/pdf.png" alt="" title="The Business Case for Web Accessibility" />Download the entire book <a href="http://editors.cis-india.org/accessibility/understanding-web-accessibility.pdf" class="internal-link" title="Understanding WebAccessibility - A Guide to create Accessible Work Environments">here</a> (PDF, 1570 kb)</p>
<p> </p>
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For more details visit <a href='http://editors.cis-india.org/accessibility/business-case-for-web-accessibility'>http://editors.cis-india.org/accessibility/business-case-for-web-accessibility</a>
</p>
No publishernirmitaAccessibility2011-12-07T09:56:47ZBlog EntryText to Speech Synthesizer
http://editors.cis-india.org/accessibility/resources/text-to-speech-synthesizer-reports
<b></b>
<ul>
<li><a href="http://editors.cis-india.org/accessibility/blog/text-to-speech-synthesizer-report-august-2013.pdf" class="internal-link">Text-to-Speech Synthesizer</a> (May to August 2013)</li>
</ul>
<ul>
<li><a href="http://editors.cis-india.org/accessibility/blog/text-to-speech-synthesizer-report-may-2013.pdf" class="internal-link">Text-to-Speech Synthesizer</a> (March to May 2013)</li>
</ul>
<p>
For more details visit <a href='http://editors.cis-india.org/accessibility/resources/text-to-speech-synthesizer-reports'>http://editors.cis-india.org/accessibility/resources/text-to-speech-synthesizer-reports</a>
</p>
No publisherpraskrishnaAccessibility2014-04-01T03:31:59ZPageTelugu eSpeak Training with NVDA
http://editors.cis-india.org/accessibility/blog/telugu-e-speak-training-with-nvda-december-2014
<b>NVDA team conducted a two-day workshop at the Hyderabad Central University (HCU) for lecturers and students for reading and writing in Telugu using eSpeak with NVDA on December 1 and 2, 2014.</b>
<p style="text-align: justify; ">A total of 27 participants attended the programme, which was organized by Anavaram, AP – HCU and member of Empowerment Cell of HCU. <br />The event was inaugurated by the Pro. VC of HCU Haribabu and Dr. Rajgopal Chairman, Empowerment Cell, HCU.</p>
<p style="text-align: justify; ">The event focused on the following points:</p>
<ul>
<li>Introduction to NVDA as a Screen Reader.</li>
<li>Advantages of Espeak.</li>
<li>Use of Espeak to access various content in regional languages.</li>
<li>Installation of NVDA.</li>
<li>Configuration of NVDA.</li>
<li>Installation of Espeak.</li>
<li>Reading in Telugu.</li>
<li>Writing in Telugu using Phonetic and Inscript keyboards.</li>
<li>Writing in Hindi using Phonetic and Inscript keyboards.</li>
<li>Demonstration of various aids and appliances.</li>
</ul>
<p style="text-align: justify; ">The Telugu reading and writing sessions were conducted by Hanardhan Naidu, Telugu Espeak Tester. His contribution was acknowledged by one and all present.</p>
<p style="text-align: justify; ">Further sessions for eSpeak Telugu will be planned for Vijaywada in January 2015, by Janardhan Naidu.</p>
<p style="text-align: justify; ">The sessions were welcome by the participants, stating that eSpeak Telugu and Hindi will help them in their studies as many students were pursuing their graduation and post graduation in Telugu and Hindi. Till date they did not have any other source of reading or writing in the stated languages and hence had to depend upon readers for their studies. They also appreciated the fact that by reading and writing in Telugu and Hindi, it will enhance their chances for government and PSU employment.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/accessibility/blog/telugu-e-speak-training-with-nvda-december-2014'>http://editors.cis-india.org/accessibility/blog/telugu-e-speak-training-with-nvda-december-2014</a>
</p>
No publishernirmitaAccessibilityNVDA2015-07-20T14:59:38ZBlog EntryTechnology for Accessibility in Higher Education
http://editors.cis-india.org/accessibility/accessibility-in-higher-education
<b>Education for students with disabilities has long been a serious cause of concern in India, as also in other countries around the world. A person with a disability studying in mainstream educational institutions in India experiences many difficulties in navigating through the obstacle course of the Indian educational system, writes Nirmita Narasimhan in this IIMB Journal brought out on the occasion of the conference 'never-the-less - Enabling Access for Persons with Disabilities to Higher Education and Workplace - Role of ICT and Assistive Technologies. </b>
<p>Problems exist in many areas – course content, staff, facilities, resources as well as the educational and examination process. The relative physical inaccessibility of educational institutions, unavailability of accessible content in different languages, lack of trained and sensitive teachers, and the lack of awareness about developments in enabling technologies have hitherto rendered the educational environment itself rather difficult to access. In addition to the long waiting periods in getting the course materials digitized into accessible formats, as well as the assignment of scribes unfamiliar with subject topics for students to write the examinations put students with print disabilities at additional disadvantage – as if there weren’t enough problems already! Thus the educational experience often becomes a nightmare for a student who is disabled. However, compared with the situation from a decade earlier, the education scenario for persons with disabilities has, thanks to the sustained advocacy and interventions of disability organizations, gradually improved and promises to get better in the years to come.</p>
<p>Today, technology has made it possible for persons with disabilities to read and work independently. Some institutions for higher learning around the country, like St Xavier’s College, Mumbai, Delhi University and Loyola College in Chennai have already set up ICT centres which facilitate reading and working students who are print impaired. They offer support through digitization, training, and facilities. Organisations like National Association for the Blind and other Daisy organizations convert study materials for blind students and make them available in formats and media of the students’ choice. Students themselves, through peer to peer networks and mailing lists are able to collaboratively produce and share accessible study materials on a variety of subjects ranging from graduation to competitive exams. Another really big boon is the advent of the mobile phone as a suitable platform for listening to books. Today, two international mobile screen reader software - Nuance Talks and Mobile Speak - are available in the Indian market at competitive prices and this has led to an increase in the incidence of mobile adoption amongst persons with print disabilities, at least in the metropolitan cities.</p>
<p>There are many areas of improvement, which institutions of higher education can adopt for enhancing the education experience for students. For instance, the provision of digitized reading materials, access to computers with assistive devices, choice of examination methods, maintaining accessible web sites, promoting open access and open educational resources will go a long way in furthering education amongst students who have disabilities. Institutions could explore new models of imparting education which are proving successful in other parts of the world. Furthermore, existing sources of information and knowledge, such as information in the public domain and knowledge imparted through distance education should be made accessible to a wider audience.</p>
<ul><li><a class="external-link" href="http://www.karmayog.in/events/national-conference-enabling-access-persons-disability-higher-education-and-workplace-role-ict-and">Click here</a> for the conference details held in IIM, Bangalore on 20 and 21 January 2012. </li><li>Download the original published in the <a href="http://editors.cis-india.org/accessibility/technology-for-accessibility" class="external-link">Journal: Enabling Access for Persons with Disabilities to Higher Education and Workplace</a> [PDF, 1422 KB]<br /><br /></li></ul>
<p><em>Nirmita Narasimhan is a Programme Manager with the Centre for Internet and Society and works on policy research and advocacy related to IP reform and technology access for persons with disabilities. She received a National Award from the President of India in 2010 recognizing her contribution to the Empowerment of Persons with Disabilities. <br /></em></p>
<p>
For more details visit <a href='http://editors.cis-india.org/accessibility/accessibility-in-higher-education'>http://editors.cis-india.org/accessibility/accessibility-in-higher-education</a>
</p>
No publishernirmitaAccessibility2012-01-31T06:29:03ZBlog EntryTech for the blind: How app developers can help end the ‘disturbing touchscreen trend’
http://editors.cis-india.org/accessibility/news/first-post-naina-khedekar-october-10-2016-tech-for-the-blind-how-app-developers-can-help-end-the-disturbing-touchscreen-trend
<b>At their introduction, touchscreens was so refreshing and how we had rushed to get those touch devices. Meanwhile, there was a separate world that came crashing down with the advent of touch enabled phones. Just like me, I’m sure not many may have thought how touchscreens almost ended the messaging ability of visually impaired. Now, with services moving from phone calls to online (services and apps), it’s getting more difficult.</b>
<p style="text-align: justify; ">The article by Naina Khedekar was published in <a class="external-link" href="http://tech.firstpost.com/news-analysis/tech-for-the-blind-how-app-developers-can-help-end-the-disturbing-touchscreen-trend-339542.html">First Post</a> on October 10, 2016.</p>
<hr style="text-align: justify; " />
<p style="text-align: justify; ">We met Nirmita Narasimhan, a Policy Director at The Centre for Internet and Society (CIS) in Bengaluru, who has been instrumental in putting in place policies such as the copyright to benefit visually impaired. Nirmita is visually impaired herself, but that didn’t stop her from completing her law from Delhi University, and alongside she also completed her MA, M.Phil and PHD. While she is not writing policies or engaged in her passion for classical singing, she is busy playing a full time mom to two sons. But, it wasn’t easy, as back in 1995, when she was planning to pursue higher studies there weren’t many digital resources, and the ones like JAWS carried an outrageous price tag of $1000!</p>
<h3 style="text-align: justify; ">Lack of digital resources and struggle to study</h3>
<p style="text-align: justify; ">Nirmita grew up in Delhi and it was at the age of nine that she started developing the vision problem. Her vision kept deteriorating and as a student in a mainstream school, she struggled with studies. Her parents had to read out everything to her; and there was also a stage when she used to enlarge everything and photocopy it. But, she finished her 10th and 12th grades with the help of a writer, and without any resources for electronics or digital books.<br /><br />She then went on to learn German. However, soon realised that a translator cannot be dependent on someone else to read and look at the dictionary at all times. “You can’t have a career as a translator or interpreter if you need someone who knows German to constantly sit beside you and read to you all the time,” she explained. So, that put an end to her German sojourn.<br /><br />She then decided to study law, and says, probably was one of the only students to have passed without reading a single book from the library. She relied on notes and had to choose 5-6 questions as each answer needed a lot of reading. She completed law from Delhi University and simultaneously pursued per passion for music.<br /><br />It was after that reality dawned when no one was ready to offer her a job. After knocking all doors, from top firms to single advocates, she found it very difficult. She then started working for a blind advocate, but it wasn’t real work and she wasn’t getting paid for it. She later moved to Bengaluru, and after some research work with a law firm, she joined CIS.<br /><br />“CIS was a turning point. So, all the problems that I faced are the ones I want to fix, she said.</p>
<h3 style="text-align: justify; ">Introduction to software that could read out to users</h3>
<p style="text-align: justify; ">It was in her final year of studies around 2001, when a neighbour pointed out an article that spoke about a new software that reads out to users at the National association for the blind. Nirmita said the software was called Kurzweil 1000 wherein you could scan your books and it could read out to you. But books had to be of really good quality and the software cost Rs 50,000. After a long debate and financial crisis, she decided to go with it, as that was the only way to move ahead.<br /><br />She was excited with the free CD that was bundled called Literature 3.O that had 2000 books and kept her awake nights reading these books. Later, she also started using JAWS.</p>
<h3 style="text-align: justify; ">‘Disturbing’ trend of touch phones</h3>
<p style="text-align: justify; ">It was around 2013, when the rest of the world was planning which touch smartphone to buy, it was a disturbing trend with mobile phones at least when blind and low visually persons are concerned. “Keyboards were gone. We got touch phones and it was a nightmare. There was nothing to feel. I am not comfortable text messaging even today. There is a screen reader on Android called Talkback, which is very good, but it works above a certain version, and all devices above that are touch phones. Moreover, it isn’t quite enough when you are outdoors and the voice input just doesn’t work,” she said.<br /><br />Blackberry had a QWERTY but screen reader was not that great and the iPhone wasn’t affordable, she adds. “Everyone was rushing to the market to buy second hand keyboard phones, but they didn’t support good reading technologies.</p>
<h3 style="text-align: justify; ">Affordable software for blind, and support from leading OS makers</h3>
<p style="text-align: justify; ">Easy availability, price and customer support have been a hindrance when it comes to software to assist blind. And the next agenda for Nirmita is building just that.<br /><br />In 2012, they got funding for a project to develop text to speech in Indian language and work at enhancing a screen reader dubbed non visual desktop access (NVDA). “It’s an open source project, a good solution that is scalable. People cannot afford JAWS and that will make it difficult for them to ever start using screen readers,” she added.<br /><br />Moreover, support for languages is another problem. JAWS only supports English and Hindi, and is a closed system with lack of India support.<br /><br />It was also a struggle earlier as the project is for a social cause and not a full-fledged company, and required special skill set as the open source works with Windows. “After a long time, we now have a team in IIT Delhi and there has been some work and improvement. Many of us have begun shifting to NVDA, and under hat project we have started undertaking training so that we can teach others. 10- 15 organisations run these training and we supports numerous regional languages including Hindi, Marathi, Konkani, Gujarati and more. So, still need refinement, but at least there’s something, she adds.<br /><br />“Now, we need to scale it, improve and train more people. The software can work on Android smartphones, irrespective of the display,” she said.<br /><br />While there is an app for everything, and many standalone apps have been built for the visually impaired, Nirmita calls in for universal app design. A principle that every time a product is built, designed or developed, it can be done in a way considering the blind. Yes, why a separate app, when developers can add support for the blind. Nirmita talks about the hindrances when trying to book a taxi from Ola and the inability to place orders from BigBasket. A set of standard rules could help iron out the creases. In govt procurement bills, accessibility should be made mandatory.<br /><br />Google and Apple OSes lead in the market, and if these OS makers add a mandate on how the same app should also assist the blind, a lot can change. “What is specially made is useful, but if what is made in an accessible manner then there won’t be two worlds,” she adds.</p>
<h3 style="text-align: justify; ">Copyright policy and other initiatives</h3>
<p style="text-align: justify; ">The copyright policy may mean nothing to many of us, but for people with disability it was a big turning point. Some years ago the law said you cannot convert a book into any other format for people with disability, unless you get the permission of the publisher. So, if one lakh books were published in India, only minuscule 500-600 books were converted into braille or audio formats and these were usually text books.<br /><br />“We started campaigning that we have a right to read. We should be able to pick and convert any book we want. Whatever people are reading and talking in news we should be able to access it and children should get access to all such books, “she said.<br /><br />Nirmita explains how this isn’t a difficult task anymore, thanks to technology. It is simpler to convert and access these books. Yes, the problem of expensive technology still exists, but she along with a tech team has also begun working on that with new affordable software that could make it affordable for all. After struggling for almost 3-4 years, it was in 2012 that the new law was passed, allowing anyone with reading disabilities to convert any book into a format that helps them.<br /><br />Meanwhile, she is also working on how all websites should be accessible by all including the blind. With the emergence of e-governance, it is important for everyone to follow a standard that will help this happen. Explaining further, she said that there are standards for digital accessibility called Web Content Accessibility Guidelines (WCAG) and it came up with guidelines for Indian govt websites and a part of those dealt with accessibility. They have divided it into advisory and mandatory. And, accessibility comes under mandatory.<br /><br />Another initiative involved was teaming up with Universal Service Obligation Fund (USOF) |”Whenever you pay a telephone bill, a part of it goes to USOF and they are supposed to use it for communities underserved and in rural areas. We teamed up to assist visually impaired, and a pilot scheme was launched, “she explained further. However, it was a chase for the project and the output wasn’t as they had expected.<br /><br />Though copyright has solved the problem, we are still converting our own books, she added. There hasn’t been help. Opening an online digital library, wherein every time a publisher publishes a book, they can give a digital format that can help blind, which can then be shared with others.<br /><br />People in villages still use Braille. There also need to be training to teach them. And, the primary way to reach in rural areas with resource centres associated with organisations. Technology has made many things simpler, and a few standards could definitely help bridge the gap.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/accessibility/news/first-post-naina-khedekar-october-10-2016-tech-for-the-blind-how-app-developers-can-help-end-the-disturbing-touchscreen-trend'>http://editors.cis-india.org/accessibility/news/first-post-naina-khedekar-october-10-2016-tech-for-the-blind-how-app-developers-can-help-end-the-disturbing-touchscreen-trend</a>
</p>
No publisherpraskrishnaAccessibility2016-10-10T12:46:15ZNews ItemTara Textreader, a boon for the visually-challenged
http://editors.cis-india.org/news/2018right-to-read2019-campaign-launched-fighting-against-copyright-regulations-1
<b>An article by M Ramya – Times of India, 26th September, 2009</b>
<p>CHENNAI: Mahendran loses track of time as he listens to portions from Romeo and Juliet through Tara. The final year B A (Tamil) student of Loyola College is pleased with the Rs 1.35-lakh Tara Textreader that allows him to access printed material without help and convey information without a scribe. "The Sangeetha software has an Indian accent. So I have no problem accessing material in English," says Mahendran, who has visual disabilities. <br /><br />Earlier, students like him could not access printed material that hadn't been digitized. Their computer systems could not read material that wasn't pre-recorded. Professor Jerald Inico, a lecturer in the computer science department and faculty in charge of the college's Resource Centre for Differently Abled, says the Textreader need not even be connected to a computer. <br /><br />He says: "We were trying to come up with a formula to evaluate students with visual disabilities because we felt that when scribes write down the answers for the students some of the content would be lost in translation. The equipment can scan the question paper and read it out and will also allow the student to answer verbally and store it as an audio clip. For students who become blind later in life and have not learnt Braille this is a big help." <br /><br />Tara, purchased from funds provided by the ministry of social justice and empowerment, can only speak English; now through Sangeetha the college is trying to install a Tamil optical character recognition software. <br /><br />While the students use Tara to read books now the equipment will be tested for exam evaluation during the April 2010 semester exams. But Mahendran is a bit wary. "If we can use Tara and still get extra time for the exams it will prove beneficial, but if we are given the same time as the others because we are using the textreader it will take time to comprehend what is being read to us and give the appropriate answers." <br /><br />The college is also supporting a nationwide Right to Read' campaign for persons with print impairments to be launched in Chennai on Saturday. Nirmita Narasimhan, programme manager at the Centre for Internet and Society (CIS) which is one of the organisers of the campaign, says: "Two years ago when we proposed a change in the Copyright Act a clause was incoporated that said that books can be reproduced in formats exclusively for the use of the blind. This limits the reproduction to one or two options and newer technologies cannot be used. It also leaves out people with other disabilities like the dyslexic who also have print impairments. Technology is enabling, but law is disabling. We want to create awareness of the issue through the campaign." <br /><br />Registration for the campaign begins at 8 am at the college. The CIS, DAISY Forum of India and Bookbole will take the campaign to other cities in the country.</p>
<p><a class="external-link" href="http://timesofindia.indiatimes.com/news/city/chennai/Tara-Textreader-a-boon-for-the-visually-challenged/articleshow/5058157.cms">Link to the article in TOI</a></p>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/news/2018right-to-read2019-campaign-launched-fighting-against-copyright-regulations-1'>http://editors.cis-india.org/news/2018right-to-read2019-campaign-launched-fighting-against-copyright-regulations-1</a>
</p>
No publisherradhaAccessibility2011-04-02T14:52:53ZNews ItemSurvey on Banking Accessibility
http://editors.cis-india.org/accessibility/blog/survey-on-banking-accessibility
<b>The Global Initiative for Inclusive ICTs (G3ict) is launching a survey on the accessibility of financial services in banks for persons with disabilities around the world. The survey is looking at the kind of accommodations being made by different banks and assessing best practices for accessibility to financial services for persons with disabilities.</b>
<p style="text-align: justify; ">The object of the survey is to design options for banks to increase their customer base by enabling them to cater to a larger group than is currently able to access services or better serve their communities from a Corporate Social Responsibility standpoint. If you or anyone you know works in the banking sector, please do fill out the survey to help us capture the current accessibility standards in banks and financial institutions. The survey is available <a href="http://www.surveygizmo.com/s3/1187917/Survey-on-Banking-Accessibility">here</a>.</p>
<p style="text-align: justify; "> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/accessibility/blog/survey-on-banking-accessibility'>http://editors.cis-india.org/accessibility/blog/survey-on-banking-accessibility</a>
</p>
No publisherVrinda MaheshwariAccessibility2013-06-06T06:12:04ZBlog EntrySummary of the IPA Position
http://editors.cis-india.org/accessibility/ipa-position.pdf
<b>The document proposed by the International Publishers Association.</b>
<p>
For more details visit <a href='http://editors.cis-india.org/accessibility/ipa-position.pdf'>http://editors.cis-india.org/accessibility/ipa-position.pdf</a>
</p>
No publisherpraskrishnaAccessibilityAccess to Knowledge2012-03-30T07:30:52ZFileSummary of Judgements on Disability Rights
http://editors.cis-india.org/accessibility/blog/summary-of-judgments-on-disability-rights
<b>The following are some of the landmark judgments given by the Supreme Court and some of the high courts in India on disability rights. </b>
<h3>Supreme Court Decisions</h3>
<p style="text-align: justify; "><b>Deaf Employees Welfare Association v Union of India</b><a href="#fn1" name="fr1">[1]</a><br />This petition was filed seeking a Writ of Mandamus directing the Central and state governments to grant equal transport allowance to its government employees suffering from hearing impairment as what was being given to blind and other disabled government employees. The allowance given to the hearing impaired employees was significantly lower than the allowance granted to other employees with disabilities.</p>
<p style="text-align: justify; ">The Supreme Court allowed the petition and directed the Respondents to grant transport allowance to speech and hearing impaired persons also on par with blind and orthopaedically disabled government employees. The court held that <i>“there cannot be further discrimination between a person with disability of ‘blindness’ and a person with disability of ‘hearing impairment’. Such discrimination has not been envisaged under the Disabilities Act</i>.” It held that equality of law and equal protection of law afforded to all persons with disabilities while participating in government functions. The court held that the dignity of persons with hearing impairments must be protected by the state. Even the assumption that a hearing or speech impaired person is suffering less than a blind person is, in effect, marginalizing them; and as such, the same benefits must be given to them, as are awarded to blind citizens. Any move made by the state to further this objective is in consonance with the principles enshrined in Articles 14. This case held that deaf and mute people should also be given transportation allowances on par with blind and orthopedically handicapped employees of the government.</p>
<p style="text-align: justify; "><b>Union of India v National Federation of the Blind</b><a href="#fn2" name="fr2">[2]</a><br />This was an appeal from the decision of the Delhi High Court wherein a public interest petition had been filed which sought the implementation of Section 33 of the Act alleging that the appellants herein have failed to provide reservation to the blind and low vision persons and they are virtually excluded from the process of recruitment to the Government posts as stipulated under the said Act.</p>
<p style="text-align: justify; ">The court looked into the calculation of the 3% reservation –whether it refers to cadre strength, or number of vacancies. It was held that 3% refers to a part of the total vacancies in cadre strength. The court also observed, “It is clear that while section 33 provides for a minimum level of representation of 3 per cent in the establishments of appropriate government, the legislature intended to ensure 5 per cent of representation in the entire workforce both in public as well as private sector”.</p>
<p style="text-align: justify; "><b>Government of India v Ravi Prakash Gupta</b><a href="#fn3" name="fr3">[3]</a><br />In this case, the respondent was a visually challenged person who appeared for the civil services examination conducted by the Union Public Service Commission and was declared successful. However, he was not given an appointment even though he was at Sl. No. 5 in the merit list of visually impaired candidates. The respondent approached the Central Administrative Tribunal which refused his application and thereafter the respondent approached the high court. The high court directed the government to accommodate the Respondent in the merit list, against which the state filed an appeal in the Supreme Court. The state contended that since the post for which the respondent was applying was not identified for persons with disabilities and therefore not reserved for them, the government could not make reservations in the same.</p>
<p style="text-align: justify; ">The Supreme Court refused the state government’s contention that identification of jobs was a pre-requisite for reservation and appointment under section 33 of the Act.<a href="#fn4" name="fr4">[4]</a> The court held,</p>
<p style="text-align: justify; padding-left: 30px; ">"It is only logical that, as provided in section 32 of the aforesaid Act, posts have to be identified for reservation for the purposes of Section 33, but such identification was meant to be simultaneously undertaken with the coming into operation of the Act, to give effect to the provisions of Section 33. The legislature never intended the provisions of section 32 of the Act to be used as a tool to deny the benefits of Section 33 to these categories of disabled persons indicated therein. Such a submission strikes at the foundation of the provisions relating to the duty cast upon the appropriate government to make appointments in every establishment."<a href="#fn5" name="fr5">[5]</a></p>
<p style="text-align: justify; "><b>Syed Bashir-ud-Din Qadri v. Nazir Ahmed Shah</b><a href="#fn6" name="fr6">[6]</a><br />This was a decision by the Supreme Court. In this case, the Appellant was a B.Sc. graduate with cerebral palsy who had applied for a job as a ‘Rehbar-e-Taleem’ or ‘Teaching Guide’ in the State of Jammu and Kashmir. The state government had initially objected to his appointment on the ground of his disability. The appellant however, with directions from the high court, was appointed under the Jammu and Kashmir Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1998.</p>
<p style="text-align: justify; ">The Respondent then filed a petition challenging the order of appointment and the appellant was re-examined by the head of the Department of Neurology. It was indicated in the report that as he had cerebral palsy, he had significant speech and writing difficulties, which would make it difficult for him to perform his duties as a teacher. The high court quashed his appointment and ordered that since the appellant was unfit to the post of the teacher he should be given an alternative employment. His appeal to the division bench of the high court was dismissed and he thereafter approached the Supreme Court.</p>
<p>The Supreme Court observed that,</p>
<p style="padding-left: 30px; text-align: justify; ">“This case involves a beneficial piece of social legislation to enable persons with certain forms of disability to live a life of purpose and human dignity. This is a case which has to be handled with sensitivity and not with bureaucratic apathy, as appears to have been done as far as the appellant is concerned... It is only to be expected that the movement of a person suffering from cerebral palsy would be jerky on account of locomotor disability and that his speech would be somewhat impaired but despite the same, the legislature thought it fit to provide for reservation of 1 per cent of the vacancies for such persons. So long as the same did not impede the person from discharging his duties efficiently and without causing prejudice to the children being taught, there could, therefore, be no reason for a rigid approach to be taken not to continue with the appellant's services as Rehbar-e-Taleem, particularly, when his students had themselves stated that they had got used to his manner of talking and did not have any difficulty in understanding the subject being taught by him... Coupled with the above is the fact that the results achieved by him in the different classes were extremely good; his appearance and demeanour in school had been highly appreciated by the committee which had been constituted pursuant to the orders of the high court to assess the appellant's ability in conducting his classes.”<a href="#fn7" name="fr7">[7]</a></p>
<p style="text-align: justify; ">The court directed that in order to overcome the impediment of writing on the black board, an electronic external aid could be provided to the appellant, which could eliminate the need for drawing a diagram and the same could be substituted by a picture on a screen, which could be projected with minimum effort. With these directions for providing reasonable accommodation, the Supreme Court held that the disengagement of the appellant goes against the grain of the PWD Act and hence the order was set aside by the court.</p>
<p style="text-align: justify; "><b>Suchita Srivastava v. Chandigarh Administration</b><a href="#fn8" name="fr8">[8]</a><br />This case was with regard to the reproductive rights of a woman with mental retardation residing at a government run welfare institution in Chandigarh who became pregnant due to a rape by an in-house staff and who wanted to keep the baby and carry on the pregnancy to full term. The Chandigarh Administration filed a petition in the high court seeking permission to terminate her pregnancy under the Medical Termination of Pregnancy Act, 1971 (“MTP Act”) on the ground that she was not capable of carrying on with the pregnancy and would not be able to look after a child. Although the expert body found that the woman had expressed her wish to bear her child, the high court directed the termination of the pregnancy. The woman, through an amicus, appealed to the Supreme Court and one of the main issues before the Supreme Court was regarding the legal capacity of a woman with mental retardation to decide on her pregnancy.</p>
<p style="text-align: justify; ">The Supreme Court noted the provisions of the MTP Act, which provided that where pregnancy is a result of rape and termination of the same is contemplated, the consent of the pregnant woman is mandatory.<a href="#fn9" name="fr9">[9] </a>The court also noted the exception to this provision which provided that in case of a pregnant woman who is “mentally ill”, pregnancy can be terminated with the approval of the woman’s guardian.<a href="#fn10" name="fr10">[10] </a>Following this, the court proceeded to make a distinction between ‘mental illness’ and ‘mental retardation’. Upholding the legal capacity of the appellant, the court held:</p>
<p style="text-align: justify; padding-left: 30px; ">“While a guardian can make decisions on behalf a ‘mentally ill person’ as per Section 3(4)(a) of the MTP Act, the same cannot be done on behalf of a person who is in a condition of ‘mental retardation’. The only reasonable conclusion that can be arrived at in this regard is that the State must respect the personal autonomy of a mentally retarded woman with regard to decisions about terminating a pregnancy. It can also be reasoned that while the explicit consent of the woman in question is not a necessary condition for continuing the pregnancy, the MTP Act clearly lays down that obtaining the consent of the pregnant woman is indeed an essential condition for proceeding with the termination of a pregnancy... We cannot permit a dilution of this requirement of consent since the same would amount to an arbitrary and unreasonable restriction on the reproductive rights of the victim.”<a href="#fn11" name="fr11">[11]</a></p>
<p style="text-align: justify; ">Thus the Supreme Court clearly held that the MTP Act required the consent of a mentally retarded woman for termination of pregnancy. Following this, the Court concluded that the Appellant was mentally retarded, had not consented to the termination of her pregnancy and in fact, had expressed her willingness to bear the child. Therefore it could not permit the termination of her pregnancy. In arriving at this conclusion, the Court not only recognised the reproductive rights of a woman under the MTP Act, but also recognised international norms and principles on mentally retarded persons and persons with disabilities under the CRPD. In this context the Court specifically held:</p>
<p style="text-align: justify; padding-left: 30px; ">"Our conclusions in this case are strengthened by some norms developed in the realm of international law... In respecting the personal autonomy of mentally retarded persons with regard to the reproductive choice of continuing or terminating a pregnancy, the MTP Act lays down such a procedure. We must also bear in mind that India has ratified the Convention on the Rights of Persons with Disabilities (CRPD) on October 1, 2007 and the contents of the same are binding on our legal system."<a href="#fn12" name="fr12">[12]</a></p>
<p style="text-align: justify; ">The court clearly recognised the right to legal capacity of women with mental retardation to take independent decisions on her pregnancy. The Supreme Court held that “<i>Her reproductive choice should be respected in spite of other factors such as the lack of understanding of the sexual act as well as apprehensions about her capacity to carry the pregnancy to its full term and the assumption of maternal responsibilities thereafter.<a href="#fn13" name="fr13">[13]</a></i>” Therefore, the Supreme Court laid out the specific right to legal capacity which was not subject to an understanding of one’s situation and capacities. This case clearly follows the spirit of protection of legal capacity under Article 12 of the CRPD.</p>
<h3 style="text-align: justify; ">High Court Decisions</h3>
<p style="text-align: justify; "><b>Ranjit Kumar Rajak v. State Bank of India</b>(2009) 5 Bom CR 227<br />The Petitioner in this case underwent a renal transplant in 2004. Subsequently, he applied to the post of a probationary officer in the State Bank of India. After a medical test, the bank rejected him on the ground that he was found medically unfit for the post. The petitioner approached the Bombay High Court by a writ petition claiming that despite medical reports that indicate his fitness to perform his duties, he was denied being considered for employment. The bank rejected him as the rules required the bank to reimburse medical expenses incurred by the officers of the bank and since the medical condition of the Petitioner required regular medical check-ups, the costs would be very high and could not be borne by the bank. The main question, according to the Court, was “<i>whether a person who is fully qualified for a post because of his past or present medical condition which otherwise did not interfere with his fitness to dispense the duties of his post, be denied employment because of the financial burden that would be cast on the employer</i>.”<a href="#fn14" name="fr14">[14]</a></p>
<p style="text-align: justify; ">In an extremely significant ruling, a Division Bench of the Bombay High Court<a href="#fn15" name="fr15">[15] </a>articulated and recognised for the first time the concept of “reasonable accommodation at the workplace” in India. The court relied on the CRPD to decide the duty of the employer in providing reasonable accommodation and the limits on such a duty. The court recognised that India had signed and ratified the CRPD and that Article 27 of the Convention recognises the right of persons with disability to be "accepted in the labour market and work environment that is open, inclusive and accessible to persons with disabilities."<a href="#fn16" name="fr16">[16]</a></p>
<p style="text-align: justify; ">The court also discussed the definition of “reasonable accommodation” under Article 2 as “a necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms.”<a href="#fn17" name="fr17">[17]</a></p>
<p style="text-align: justify; ">In interpreting “reasonable accommodation” and “undue burden” the court relied on the CRPD and recognised the importance of India’s international obligations with respect to rights of disabled persons by stating that:</p>
<p style="text-align: justify; padding-left: 30px; ">“The law is now well settled that though the United Nations Convention may not have been enacted into the Municipal Law, as long as the convention is not in conflict with the Municipal Law and can be read into Article 2 thus making it enforceable. Therefore, in the absence of any conflict it is possible to read the test of reasonable accommodation in employment contracts.”<a href="#fn18" name="fr18">[18]</a></p>
<p>The Court further held:</p>
<p style="text-align: justify; padding-left: 30px; ">“A duty is, therefore, cast on the State to provide reasonable accommodation in the matter of employment subject to the burden of hardship test being satisfied. In the absence of a statutory definition of reasonable accommodation, the reasonable accommodation as set out in the protocol in the first instance can be considered. It will have to have a nexus with the financial burden on the institution and/or undertaking which will have to bear the burden and further the extent to which reasonable accommodation can be provided for.”<a href="#fn19" name="fr19">[19]</a></p>
<p style="text-align: justify; ">The court incorporated the right to reasonable accommodation by declaring that “Reasonable accommodation, if read into Article 21, based on the U.N Protocol, would not be in conflict with municipal law. It would give added life and dimension to the ever expanding concept of life and its true enjoyment.”<a href="#fn20" name="fr20">[20] </a>Following this, the court concluded that the bank has a duty to provide reasonable accommodation to the petitioner subject to any undue burden. The court observed that no evidence was presented on how the financial burden would actually be a caused to the bank in providing reasonable accommodation to the petitioner even if it meant meeting his medical expenses. Consequently, the court allowed the petition and directed that the Petitioner be offered appointment and allowed to join the post.</p>
<p style="text-align: justify; "><b>Lalit and Others v Govt. of NCT and Another</b><a href="#fn21" name="fr21">[21]</a><br />This petition was filed by 12 inmates of the hostel attached to Andh Mahavidyalya, New Delhi, an institution for visually impaired students, seeking a direction that they may not be expelled or dispossessed from the hostel. Out of these 12 inmates, expulsion orders were issued by the Respondents against 5 inmates on the ground that the hostel was meant for only students up to Class VIII and the petitioners had overstayed beyond this class. Many of them were between 25-35 years old and it was alleged that there was a shortage of space for deserving younger visually impaired students and that they were also intimidating the younger students. One of the main issues before the Court was whether the hostel was obligated to accommodate the petitioners because of their disabled status even if it resulted in a disadvantage to the other disabled students.</p>
<p style="text-align: justify; ">Justice Muralidhar of the Delhi High Court noted that the facts illustrated the lack of decent accommodation for children with disabilities and recognised the associated problems of lack of resources, hygiene and accountability in the running of institutions with disabled children. The court held as follows:</p>
<p style="text-align: justify; padding-left: 30px; ">“In the context of the inviolable human rights of the disabled, it is necessary to take note of the binding and mandatory provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (specifically Sections 26 and 30) (`PDR Act’) and the Convention on the Rights of Persons with Disabilities (`CRPD’) which has been ratified by India. In particular, Article 7 which set out the obligations of the States towards children with disabilities, Article 9 which obliges the States to take appropriate measures to ensure access to “schools, housing, medical facilities’, and Article 24 which deals with the right to education are relevant.”</p>
<p style="text-align: justify; ">The court relied upon Article 24 of the CRPD which guaranteed the right to education and held that in the context of a disabled child housed in a state-run institution there are a cluster of laws all of which can be traced to the fundamental rights to liberty and a life with dignity. It held that in the context of a young person receiving education in a state-run institution as a resident scholar, the right to shelter and decent living is an inalienable facet of the right to education itself and when the State takes over the running of an educational institution that caters to the needs of the disabled, it has to account for the ‘cascading effect’ of multiple disadvantages that such children face.</p>
<p style="text-align: justify; ">In the context of the present case however, the court held that due to the limitation of resources, all the visually impaired persons at the Andh Mahavidhyalala, irrespective of their age cannot possibly expect to be allowed to live there as the primary purpose should be to cater to the needs of young children studying up to class VIII. If this primary object was not kept in view, then it may result in an unfair denial of the right to education of other deserving young students who are visually challenged.</p>
<p style="text-align: justify; ">The court thus directed the Respondent authorities to take every possible effort to see if all the 5 inmates who were given expulsion orders could be accommodated in any of the other institutions in Delhi. Sufficient time of 6 months should be given to them to make alternative arrangements and assistance should be given to help them find alternative accommodation. The court also observed that this case should act as a wakeup call for the government to monitor the functioning generally of all institutions under its control, particularly for the disabled. This case illustrates the incorporation of the CRPD principles with regard to reasonable accommodation and right to education of children. The court was called upon to balance the two rights, which it ultimately did by taking into account the level of disabilities faced by each group demanding accommodation.</p>
<p style="text-align: justify; "><b>The National Association for the Deaf v. Union of India</b> <a href="#fn22" name="fr22">[22]</a><br />This was a public interest petition filed by the National Association for the Deaf before the Delhi High Court on the non-availability of sign language interpreters in public services. The petition complained of the lack of availability of adequate number of sign language interpreters in various public places and sought for directions against the Ministry of Social Justice and Empowerment and other authorities to ensure access and better training of sign language interpreters.</p>
<p style="text-align: justify; ">While the court noted the lack of availability of sign language interpreters, it agreed with the Petitioner Association that due to non-availability of interpreters, the hearing impaired were unable to avail medical, transport and banking facilities and to also seek police help. With regard to the importance of ensuring the availability of support in the form of interpreters, the Court relied on the CRPD and held,</p>
<p style="text-align: justify; padding-left: 30px; ">“The United Nations Convention on the Rights of persons with disabilities adopted by the General Assembly and ratified by the Govt. of India on 1st October, 2007 also provides for taking appropriate measures to provide forms of live assistance and intermediaries including guides, readers and professional Sign Language Interpreters to facilitate accessibility to buildings and other facilities open to the public. Needless to state that all the said rights are composite part of life enshrined in Article 21 of the Constitution of India.”<a href="#fn23" name="fr23">[23]</a></p>
<p style="text-align: justify; ">Based on this, the court issued specific directions to the respondent authorities which included undertaking a survey to assess the availability and requirements for sign language interpreters, appointing nodal officers to seek information from concerned authorities and prepare a report to be used for creation of new posts, creating courses and curricula for training of interpreters.</p>
<p style="text-align: justify; "><b>BhagwanDass and Anr v. Punjab State Electricity Board</b><br />In this case, the Appellant was an Assistant Lineman in the Respondent Board. During his service, he became totally blind and the Respondent failed to accommodate him in an alternative post as per Section 47 of the PWD Act and terminated his service. Therefore the appellant approached the High Court of Punjab and Haryana against the termination of his service. The high court dismissed the petition and the Appellant appealed to the Supreme Court.</p>
<p style="text-align: justify; ">The Supreme Court allowed the appeal relying on Section 47 of the PWD Act and observed that the Board had an obligation to follow this provision as the appellant had acquired disability during his service. On Section 47, the Court relied on a previous decision in <i>Kunal Singh v. Union of India and Anr</i><a href="#fn24" name="fr24">[24] </a>which held that, “<i>In construing a provision of a social beneficial enactment that too dealing with disabled persons intended to give them equal opportunities, protection of rights and full participation, the view that advances the object of the Act and serves its purpose must be preferred to the one which obstructs the object and paralyses the purpose of the Act</i>”<a href="#fn25" name="fr25">[25]</a></p>
<p style="text-align: justify; ">The court gave a broad interpretation to Section 47 and took a protective approach towards persons with disabilities by holding:</p>
<p style="text-align: justify; padding-left: 30px; ">“From the narrow point of view the officers were duty bound to follow the law and it was not open to them to allow their bias to defeat the lawful rights of the disabled employee. From the larger point of view the officers failed to realise that the disabled too are equal citizens of the country and have as much share in its resources as any other citizen. The denial of their rights would not only be unjust and unfair to them and their families but would create larger and graver problems for the society at large. What the law permits to them is no charity or largess but their right as equal citizens of the country.”</p>
<p style="text-align: justify; "><b>Ritesh Sinha v. State of Haryana</b><a href="#fn26" name="fr26">[26]</a><br />In this case, an important interim order was passed by the High Court of Punjab and Haryana and the matter is still pending. The petitioner was a person with locomotor disability and was appointed as a clerk by the District and Sessions Judge, Karnal in the post reserved for physically disabled persons. Thereafter his services were terminated due to his inability to perform the duties as a clerk who was expected to write the office notes and maintain records in his own hands.</p>
<p style="text-align: justify; ">The court held that as the petitioner was well conversant with computer operations and that there could be plenty of work done by him like preparation of daily cause lists of all courts, certified copies of judgments, etc., which could be assigned to a computer savvy person like him. The court directed that in the interim, his dismissal order would remain stayed, and the respondents were directed to reinstate the petitioner in service with all benefits. The court even directed the respondents to immediately construct a ramp / slope so that the petitioner could enter his office and a compliance report to be submitted to court about the same. Further, it directed the respondents to see that a congenial atmosphere is created at the workplace so that the Petitioner is made an integral part of the mainstream workforce.</p>
<p style="text-align: justify; "><b>U.P. Vishesh Shikshak Association v. State of U.P.</b><a href="#fn27" name="fr27">[27]</a><br />Here the Petitioner Association had filed a public interest petition before the Allahabad High Court contending that the pupil-teacher ratio so far as specialised teachers and children with disabilities was concerned was not adequate and claimed that the government circular on Integrated Education for Disabled Children Scheme mandated a pupil teacher ratio of 8:1. It also claimed that the Rehabilitation Council of India Act, 1992 imposed a statutory duty on the State to make arrangements for adequate number of teachers for persons with disabilities.</p>
<p style="text-align: justify; ">The Allahabad High Court recognised the statutory duty of the State to “provide all necessary help and assistance to physically disabled students.”<a href="#fn28" name="fr28">[28] </a>However, in response to an argument that orthopaedically handicapped children do not require specialised teachers, it held, “<i>We are of the view that now, the right to education and right to livelihood being the fundamental rights enshrined under Articles 21 and 21-A of the Constitution, the State Government has to make all efforts to provide necessary assistance to all disabled persons. Taking into consideration the meagre strength of 1291 teachers, we cannot presume that State Government may be able to impart education to disabled students.</i>”</p>
<p style="text-align: justify; "><b>Manjunatha v. Government of Karnataka and Ors</b><a href="#fn29" name="fr29">[29]</a><br />In this case, the petitioner, who was completely blind sought to apply for the B. Ed. Course under the government quota of seats in Karnataka. However, he was denied admission by reason of the condition that persons with disability greater than 75 per cent would not be eligible for admission. The announcement issued by the respondent permitted applications from persons with disability but restricted it to such applicants who had a disability exceeding 40 per cent but below 75 per cent.</p>
<p style="text-align: justify; ">The Karnataka High Court allowed the petition by holding that such a provision in the announcement ran counter to the PWD Act. The respondent government argued that the upper limit in the announcement was based on a similar provision in Karnataka Selection of Candidates for Admission to Teachers Certificate Higher Course (TCH) and Bachelor of Education Course (B.Ed.) Rules 1999 and therefore such a notification could not be challenged. The bench however, rejected this contention and held that even the Rules run contrary to the PWD Act and the state government could not rely on the Rules to deny admission to candidates having more than 75 per cent disability. The court ruled in favour of the petitioner and held that he was entitled to take up CET for admission to B.Ed. course and further declared that he shall not be denied admission on the basis of his disability exceeding 75 per cent.</p>
<p style="text-align: justify; ">The observations of the court strengthened the protection for persons with disabilities as it effectively held that the disability legislations would take precedence over administrative rules of the government.</p>
<p style="text-align: justify; "><b>KritikaPurohit and Anr. v. State of Maharashtra and Ors</b>.<a href="#fn30" name="fr30">[30]</a><br />The petitioner was a visually impaired student who sought admission to the course in Bachelor of Physiotherapy but was not permitted to apply for the same. The petitioner contended that although the post of a physiotherapist was considered to be suitable for blind persons, the denial of courses in physiotherapy for blind persons ran counter to Section 39 of the PWD Act and that the respondents were obliged to make all accommodations for the Petitioner in conformity with Article 24(2) of the CRPD.</p>
<p style="text-align: justify; ">The respondents contended that it was not practical for the petitioner to be involved in the course. However, the court also noted the petitioner’s reliance on the circular of the Mumbai University in mandating that resources should be made available to visually impaired student to allow them to complete their courses. In view of these materials, the court observed that the respondents had shown a negative attitude towards persons with disabilities and “<i>have not cared to consider the object underlying the provisions of Disabilities Act, 1995</i>”. Therefore, by an interim order dated 2 August 2010, it directed the Commissioner of Disabilities to consider all the materials and make suitable instructions to the respondents for making necessary arrangements for admission of visually challenged students. It also directed that the petitioner should be provisionally admitted for the course and should be provided with resources for translation of the material to braille.</p>
<p style="text-align: justify; ">Subsequently the court found that the petitioner had completed the first exam and had secured 62 per cent in the same. Therefore, it held that she should be allowed to be admitted and complete the course. However, the court noted that the state government had accepted the guidelines of the Maharashtra State Council for Occupational Therapy and Physiotherapy that visually impaired candidates are not fit for the physiotherapy course. On this, it noted the contentions of the Petitioner and also Xavier’s Resource Centre for the Visually Challenged who claimed that a physiotherapist is not required to perform all the functions of physiotherapy and visually impaired physiotherapists can perform all functions with assistance if necessary. They also pointed out various physiotherapists who were working in Maharasthra successfully for many years. The court held that “<i>We are, therefore, of the view that the stand of the respondent authorities is clearly discriminatory and adversely affects the Right to Life and equal opportunities of the petitioner as also other such students similarly situated. The fact that petitioner though being visually impaired not only passed her first year examination with 62% marks and is successfully studying in 2nd year, and several visually impaired persons have been working as professional physiotherapists in India as well as abroad appeals to us not to allow the petitioner as also others in the same position to be discriminated against or disqualified on that ground.</i><a href="#fn31" name="fr31">[31]</a>”</p>
<p style="text-align: justify; ">Thus, the court stayed the decision of the state government and directed the respondents to consider candidates with visual disability for admission to the course in physiotherapy.</p>
<hr />
<p>[<a href="#fr1" name="fn1">1</a>]. Civil Petition 107 of 2011, decided on December 12, 2013.</p>
<p>[<a href="#fr2" name="fn2">2</a>]. (2013)2 SCC 772.</p>
<p>[<a href="#fr3" name="fn3">3</a>]. (2010) 7 SCC 626.</p>
<p style="text-align: justify; ">[<a href="#fr4" name="fn4">4</a>]. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, section 33, available at <a class="external-link" href="http://www.socialjustice.nic.in/pwdact1995.php?format=print">http://www.socialjustice.nic.in/pwdact1995.php?format=print</a></p>
<p>[<a href="#fr5" name="fn5">5</a>]. Id at Para 16.</p>
<p>[<a href="#fr6" name="fn6">6</a>]. SLP(C)Nos.10669-70 of 2008 decided on 10 March 2010.</p>
<p>[<a href="#fr7" name="fn7">7</a>]. SLP(C)Nos.10669-70 of 2008 ¶28.</p>
<p>[<a href="#fr8" name="fn8">8</a>]. 2009 (9) SCC 1.</p>
<p>[<a href="#fr9" name="fn9">9</a>]. See Section 3(4)(b), Medical Termination of Pregnancy Act, 1971.</p>
<p>[<a href="#fr10" name="fn10">10</a>]. See Section 3(4)(a), Medical Termination of Pregnancy Act, 1971.</p>
<p>[<a href="#fr11" name="fn11">11</a>].Suchita Shrivastavav Chandigarh Administration, (2009) 9 SCC 1, at para 15.</p>
<p>[<a href="#fr12" name="fn12">12</a>]. <i>See</i> Id at Para 25, 26.</p>
<p>[<a href="#fr13" name="fn13">13</a>]. See SuchitaShrivastava (n 5) at Para 10.</p>
<p>[<a href="#fr14" name="fn14">14</a>]. Ranjit Kumar Rajak v. State Bank of India 2009 (5) BomCR 227 at Para 1.</p>
<p>[<a href="#fr15" name="fn15">15</a>]. With Justice Re</p>
<p>[<a href="#fr16" name="fn16">16</a>]. See Article 27(1), CRPD (n 1).</p>
<p style="text-align: justify; ">[<a href="#fr17" name="fn17">17</a>]. Reasonable accommodation is recognised under Article 2 of the CRPD and is defined as follows: ‘“Reasonable accommodation” means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms.”</p>
<p>[<a href="#fr18" name="fn18">18</a>]. Ranjit Kumar Rajak (n 9) at Para 17.</p>
<p>[<a href="#fr19" name="fn19">19</a>]. Id at Para 19.</p>
<p>[<a href="#fr20" name="fn20">20</a>]. Id at Para 21.</p>
<p>[<a href="#fr21" name="fn21">21</a>]. W.P. (C) No. 3444/2008, Judgment dated 7.5.2010 (Delhi High Court).</p>
<p>[<a href="#fr22" name="fn22">22</a>]. W.P.(C) No.6250/2010, Judgment dated 24.11.2011 (Delhi High Court).</p>
<p>[<a href="#fr23" name="fn23">23</a>]. The National Association of the Deaf v Union of India(n 20) at Para 7.</p>
<p>[<a href="#fr24" name="fn24">24</a>]. (2003) 4 SCC 524.</p>
<p>[<a href="#fr25" name="fn25">25</a>]. Id at Para 9.</p>
<p>[<a href="#fr26" name="fn26">26</a>].CWP NO. 3087 OF 2011 (Punjab and Haryana High Court).</p>
<p>[<a href="#fr27" name="fn27">27</a>]. Misc Bench No. 5622/ 2010, order dated 17 June 2010 (Allahabad High Court).</p>
<p>[<a href="#fr28" name="fn28">28</a>]. Id at Para 12.</p>
<p>[<a href="#fr29" name="fn29">29</a>]. W.P. 35969/2010, judgment dated 29-09-2011 (Karnataka High Court).</p>
<p>[<a href="#fr30" name="fn30">30</a>]. W.P. 979/2010, Bombay High Court.</p>
<p>[<a href="#fr31" name="fn31">31</a>]. KritikaPurohit and Anr. v. State of Maharashtra and Ors., W.P. 979/2010, Bombay High Court, order dated 17 November 2011, para 7.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/accessibility/blog/summary-of-judgments-on-disability-rights'>http://editors.cis-india.org/accessibility/blog/summary-of-judgments-on-disability-rights</a>
</p>
No publisherCLPRAccessibility2014-05-23T09:23:13ZBlog EntrySubmission
http://editors.cis-india.org/accessibility/publications/submission%20to%20the%20DG%20clean%20Nov11th.pdf
<b></b>
<p>
For more details visit <a href='http://editors.cis-india.org/accessibility/publications/submission%20to%20the%20DG%20clean%20Nov11th.pdf'>http://editors.cis-india.org/accessibility/publications/submission%20to%20the%20DG%20clean%20Nov11th.pdf</a>
</p>
No publisherradhaAccessibilityPublications2011-08-22T13:13:59ZFileStatement of CIS on the Matter of the Treaty for the Blind
http://editors.cis-india.org/accessibility/blog/CIS-Statement-on-Treaty
<b>Presented by Nirmita Narasimhan at the 19th WIPO Standing Committee on Copyright and Related Rights in Geneva on 18th December 2009.
</b>
<p>Mr. Chairman, distinguished delegates of member states and friends, at the outset I would like to thank the WIPO Secretariat for processing our accreditation to the WIPO as an observer at an early juncture of the SCCR, thereby affording us an opportunity to present brief remarks on the issues being discussed here, which are of great importance to us.</p>
<p>My organisation, the Centre for Internet & Society (CIS), is a non-profit organisation based in Bangalore, India and looks into, amongst other things, issues of copyrights and related developments and traditional knowledge as far as they affect consumer interests, especially in developing countries, in the field of Internet and society.</p>
<p>CIS is actively engaged in policy reform at a national level including conducting research and advocacy through national campaigns and trainings. CIS strives to work closely with the Government and other organisations in its goal towards creating an inclusive and barrier free world for persons with disabilities. In fact, it has submitted a detailed paper on the legality and need for exceptions and limitations for the blind and other print impaired persons to the Government of India to aid it in its decision making.</p>
<p>CIS is also engaged in a nationwide Right to Read campaign and is trying to bring together stakeholders at various levels to try and work out solutions for meeting the needs of persons with print impairments with regard to availability of reading materials.<br /><br />Mr. Chairman, you may be aware that the visually impaired community of India presented a paper to the Director General in November this year setting out its needs and concerns on the issue and stated in no uncertain terms its unequivocal support for the Treaty. The same is available on http://vision.ip.org.</p>
<p>Today, I would like to reiterate this support by putting forward a few considerations, which I feel would be applicable to several of the developing countries around the world:</p>
<ul>
<li>India has approximately 70-100 million persons with physical, sensory and cognitive impairments who cannot access printed materials. There are hardly any books available in accessible formats for these people.</li>
<li>The few accessible books which are available are being converted and distributed by non profit organisations serving the blind around the country. These organisations have very few financial, infrastructural and human resources to carry out this work and hence, are able to convert only the bare minimum of study materials such as school textbooks for children. </li>
<li>Persons with disabilities are hence, unable to participate as creative and productive individuals of society and are excluded from important activities of life such as education and employment. In the few cases where they are employed, the average income of a person with disability in India would not exceed 50-100 dollars per month. Hence, they are hardly in any position to buy accessible books at market rates from other countries.</li>
<li>India’s Copyright Act provisions do not permit conversion and sharing of books for print disabled persons. Hence, we are neither able to create our own books nor able to borrow from libraries abroad like Bookshare, which have a lot of resources that would be useful to us. </li>
</ul>
<p>Consequently, we spend a lot of time in duplicating efforts undertaken in other countries and channelling scarce resources into work which has already been done globally.<br /><br />Mr. Chairman, for us the Treaty will be most beneficial for the following reasons:</p>
<ul>
<li>It will help to create an enabling international legal framework for cross-border sharing of accessible works. Developing countries will be able to concentrate their efforts on creating new and indigenous content, which will be beneficial to print impaired persons around the world.</li>
<li>The Treaty recognises the needs of persons with different kinds of print disabilities and by facilitating access to published works, will enable millions of persons to participate in social life and contribute to society. </li>
<li>The Treaty recognises the disparities of income of persons with disabilities in developing countries.</li>
<li>The Treaty will oblige countries to give operational effect to the provisions under the UNCRPD.</li>
<li>The Treaty recognises that there is a big market for accessible books in developing countries.</li>
</ul>
<p>Finally, Mr. Chairman, I would like to also highlight that this Treaty seeks to preserve a balance between the rights of users and the copyright holders. By opening up the markets for accessible books and facilitating cross-border exchange, the Treaty would help reduce the burden on non-profit organisations and reduce instances of piracy.<br /> <br />Hence, Mr. Chairman, CIS would once again strongly urge member states to recognise the merit and need for this Treaty and proceed with setting in place this international framework as soon as possible.</p>
<p>Download the <a href="http://editors.cis-india.org/accessibility/publications/CIS-Statement-on-Treaty/at_download/file" class="internal-link" title="Statement of CIS on the Matter of the Treaty for the Blind">pdf</a>.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/accessibility/blog/CIS-Statement-on-Treaty'>http://editors.cis-india.org/accessibility/blog/CIS-Statement-on-Treaty</a>
</p>
No publishernirmitaAccessibility2013-01-28T11:14:23ZBlog EntryStatement of CIS on the Matter of the Treaty for the Blind
http://editors.cis-india.org/accessibility/publications/CIS-Statement-on-Treaty
<b>Through this paper the Centre for Internet and Society is giving its statement in the matter of the Treaty for the blind, visually impaired and other reading disabled, proposed by Brazil, Ecuador and Paraguay.</b>
<p>
For more details visit <a href='http://editors.cis-india.org/accessibility/publications/CIS-Statement-on-Treaty'>http://editors.cis-india.org/accessibility/publications/CIS-Statement-on-Treaty</a>
</p>
No publisherpraskrishnaAccessibilityPublications2011-08-22T13:18:01ZFile