Centre for Internet and Society

No party's got a clear stand, Aadhaar's fate hangs in balance

praskrishna — 2014-05-05T06:01:08Z

A non-UPA government for sure will review the multi-crore UID programme, but none of the parties have yet talked about scrapping it.

The article by Pratap Vikram Singh was published in GovernanceNow.com on April 13, 2014. Sunil Abraham is quoted.

Since inception, Aadhaar’s foundation has been shaky. The Unique Identification Authority of India (UIDAI) has been functioning on an executive fiat, without parliamentary ratification. When the government first came up with a bill on the UID programme, it was rejected by the parliamentary standing committee, which questioned the purpose of the programme.

Aadhaar’s acceptability as proof of residence and its issuance to the illegal immigrants too has courted controversy. The opposition and the ministry of home affairs have repeatedly flagged the issue. Recently, the supreme court (SC) instructed the government to withdraw all orders mandating Aadhaar number for service delivery. In September last year too the apex court had ruled that no one should be denied a service for want of Aadhaar.

While the Congress hasn’t changed its position on Aadhaar and wishes to continue with Aadhaar-linked benefits transfer, the BJP hasn’t mentioned it even once in its 52-page manifesto. On April 8, Narendra Modi, BJP’s prime ministerial candidate, in an election rally near Bangalore was quoted as saying, “I asked several questions on the Aadhaar project. I asked them questions relating to illegal migrants and national security. They (the government) did not have any answer.”

Rajendra Pratap Gupta, member of BJP’s core committee on manifesto, told Governance Now: “If we come to power we will review this in totality. There is scepticism around the whole project and even the SC has ruled against mandating it.” He called Aadhaar one of the ‘biggest scams’ of the UPA. “We have found people owning multiple Aadhaar cards. It (Aadhaar) is not a very secure system,” he added.

On the other hand, Aam Aadmi Party doesn’t oppose the idea of Aadhaar, though it is critical of its linkage to delivering food and other subsidies. Atishi Marlena, the party’s manifesto committee chief, said, “In principle, we don’t oppose the Aadhaar programme. If it’s about providing an identification proof to the poor who don’t have other documents, we certainly welcome it. But Aadhaar’s linkage with benefits-transfer needs to be questioned. Who gets what and who doesn’t should be determined by gram sabhas and mohalla sabhas. It should be done via people participation.”

The CPI(M), in its manifesto, called for halting the project unless it gets parliamentary approval. It also underlined the need for a privacy and data protection law prior to the rollout of the UID programme. “The moment Aadhaar is linked with service delivery, the scope for exclusion widens. You need to have universal coverage of Aadhaar and banking before you roll out the benefits transfer programme,” CPI(M) Rajya Sabha member Tapan Sen said.

In its manifesto, the party has talked about ‘constituting an independent high-level expert panel for an appraisal of the technology of biometrics used in the project’.

Sunil Abraham of the Centre for Internet and Society said, “The centralised online authentication automatically raises issues of privacy infringement. The authentication, in a decentralised fashion, with help of smart cards, is less intrusive, as the logs are stored in a local fashion and not centralised as in the case of Aadhaar. It will be a welcome move if the next government selects resident ID (smart) card, issued by the home ministry, as proof for identification and service delivery.”

For more details visit http://editors.cis-india.org/news/governance-now-april-13-2014-pratap-vikram-singh-no-party-has-got-clear-stand-aadhaar-fate-hangs-in-balance

No more blocking of entire websites?

praskrishna — 2012-06-26T09:47:02Z

The Madras HC has taken one step to ensure that entire websites are no longer blocked, but it doesn't mean that arbitrary takedowns will cease.

CIS research is quoted in this article by Danish Sheikh published in the Business Standard on June 24, 2012

Vimeo’s back. As is Pastebin, and Pirate Bay and IsoHunt. For your, you know, legitimate file-sharing practices.

Having been approached by a consortium of Internet Service Providers, the Madras High Court has issued a welcome clarification of its “John Doe order” issued in favour of RK Productions for the films 3 and Dammu. Designed to protect against potential offences by yet-unidentified persons, the sweeping scope of the order left a very wide, undefined scope to ISPs dealing with potentially infringing material. The ISPs over-complied, a host of file-sharing websites were barred from Indian servers overnight — oh, and “Anonymous” got more annoyed. Note here that the vagueness of the order extended to not specifying any infringing websites in particular.

Following the representation from the ISPs, the Court has provided them a specific directive. The new order states that the interim injunction was granted only with respect to the particular URL which featured the infringing movie, and not the entire website. No more blocking entire websites — the ISPs are now required to be informed about the particulars of where the infringing movie is kept within 48 hours.

The clarification couldn’t have come at a more vital time, and will hopefully serve as a precedent to curb an alarming practice that can be traced back to 2002. Back then, the Delhi High Court was approached in a matter concerning the unauthorised transmission of Ten Sports by unlicensed cable operators. The result was the Court’s first John Doe order with respect to media transmission: a commissioner was appointed to search premises of unnamed cable operators and seize evidence by taking photographs and video films. This particular order was then relied on by the Court almost a decade later in pre-emptively injuncting piracy of UTV Software Communication’s Saat Khoon Maaf and Thank You. The trend escalated from there, with similar orders being obtained for a number of films including Don 2, Bodyguard, Kahaani and Department, to name a few.

Where the last few years have seen a steadily rising output of orders largely from the Delhi and Madras High Court, just last week it was the Bombay High Court that joined the fray. Approached by Viacom 18 Motion Pictures, it passed a John Doe pre-emptively banning the piracy of Viacom’s Gangs of Wasseypur prior to its June 22 release. Considering the Bombay High Court’s noted apprehension in granting ex-parte orders, this decision looked set to add further momentum to the John Doe juggernaut.

Instead, we get the Madras High Court’s welcome restraint. That vague injunctions are an abuse of process is a principle that has been noted time and again, with the Delhi High Court even noting that “vague and general injunction of anticipatory nature can never be granted”. This is coupled with the larger access to information and free speech issue that has been raised more vocally following the ire with the mass block of file-sharing websites. The antecedents to this scenario may well be the media infrastructure cases of the ‘50s and ‘60s, where newspaper content was indirectly being regulated by way of regulation of newsprint, advertisement space, etc. Recognising these indirect control mechanisms in their ultimate speech-restricting form, the Supreme Court struck them down as unreasonable restrictions to the right to free expression under Article 19(1)(a) of the Constitution.

Prevention isn’t always better than cure. The Madras High Court has thankfully taken one step in the direction. What is left dangling is the other big question — that of the intermediary rules. There may now be a barrier to blocking of entire websites in this manner, but as so many internet users have found, one doesn’t have to necessarily approach the Courts if they want internet service providers to take down content: the ISPs are happy to do that for free. As a Centre for Internet and Society study found, takedown requests sent to ISPs, no matter how trivial or flimsy, will for the most part be met by acquiescence of the order. Without appropriate checks and balances, the intermediary will over-comply.

While the ISPs’ intervention before the Madras High Court is an encouraging sign, it doesn’t mean that the arbitrary takedowns under the intermediary rules will cease to happen. The digital media site Medianama quotes an ISP representative citing concern that ISPs were being wrongfully vilified on the Internet — and (significantly) that it would adversely impact their business if video streaming was disabled for users. The same commercial considerations wouldn’t likely stand when it comes to the bit-by-bit requests that come forward under the IT rules. Along with focusing attention on the High Court’s clarification, we need to sustain the movement to strike down the intermediary rules and push for a more transparent and fair mechanism.

For more details visit http://editors.cis-india.org/news/no-more-blocking-of-websites

No laws in India to protect customers if they lose money during digital transactions

praskrishna — 2016-12-02T17:07:02Z

The lack of basic privacy and security laws pertaining to digital payments in India puts the onus on consumers who use such services.

The article by Alnoor Peermohamed was published by Business Standard on December 2, 2016. Sunil Abraham was quoted.

India lacks laws to protect consumers if they lose money during digital transactions even as the government pushes for a less-cash economy after it withdrew Rs 500 and Rs 1,000 currency notes as the legal tender.

The Modi government's demonetisation move might have warranted an increase in transaction activity on digital wallets, but measures to ensure the underlying cyber security parameters for digital payments is still kept largely under the ambit of the Information Technology Act.

"We don't have any dedicated law on digital payments. That's very important to grant complete legality and remove and doubts and clarifications pertaining to legal efficacies and legal validity of digital payments," says Pavan Duggal, an advocate in the Supreme Court specialising in cyber law.

While the Reserve Bank of India usually sets security and privacy standards for banks in the country, the various digital wallets such as Paytm, Freecharge and Mobikwik fall under the category of Non-banking Financial Corporations (NBFCs) excluding them from this. For FinTech companies, security compliance falls under just Section 43 A of the IT Act.

Today, transactions between a user and a mobile wallet service provider are merely contractual agreements which can always be repudiated. There's a heightened need to legally back digital payments in India, not only to ensure the safety of consumer money but also for the safety of these companies.

Since the demonetisation on November 8, digital wallet firms such as Paytm have seen 35 million transactions by users to either buy goods and services, or transfer funds to another account. Rival Freecharge has tied up with police forces of Mumbai to pay traffic fines using its platform.

Research by Bengaluru-based think tank Centre for Internet and Society (CIS) shows that some of India's largest technology companies still do not comply with Section 43 A.

"We have a minimal data protection law in our IT Act and that will apply to all the FinTech players. But our ISPs and Telcos don't comply with Section 43 A, so you can imagine in the FinTech sector the compliance will be even lower," says Sunil Abraham, Executive Director at CI

The lack of basic privacy and security laws pertaining to digital payments in India puts the onus on consumers who use such services. While the issue is not being completely ignored by the authorities, some of the proposed workarounds such as creating a virtual sandbox around digital payment services raised questions.

The RBI limits the maximum balance on digital wallets to Rs 10,000 per user, ensuring that in the case of a breach the damage caused to a consumer is minimal but on November 23, the banking regulator increased the limit to Rs 20,000 .

Just last week India's largest digital wallet provider Paytm rolled out the option for customers to increase their wallet balance to a maximum of Rs 100,000 by getting a KYC check done.

"There are no legal mechanisms available should there be disputes pertaining to digital payments,"aid Duggal. He added that there are no effective remedy mechanisms available in case money in the digital payment ecosystem gets lost, hacked, stolen or misused.

While laws might take years to be framed and implemented, Abraham says there are temporary workarounds with which the overall cyber security of digital payment services can be improved. Under Section 43 A there are provisions to allow a sector to form a consortium that mutually agrees to set security standards, which all players must follow and is valid in the court of law during dispute resolution.

This move is encouraged by experts as governments often lack the bandwidth to define sectoral specific laws but is where private sector expertise can go a long way.

For more details visit http://editors.cis-india.org/internet-governance/news/business-standard-december-2-2016-alnoor-peermohammed-no-laws-in-india-to-protect-customers-if-they-lose-money-during-digital-transactions

No ID, no benefits: thousands could lose lifeline under India’s biometric scheme

praskrishna — 2017-03-22T14:27:25Z

Controversial Aadhaar card restricts fundamental rights, argue critics, limiting access to free school meals and exposing 1 billion people to privacy risks.

The article was published in the Guardian on March 21, 2017. Sumandro Chattapadhyay was quoted.

An Aadhaar biometric identity card, which will be mandatory for Indians to access many essential government services and benefits. Photograph: Bloomberg/Getty Images

Hundreds of thousands of people in India could be left without essential government services and benefits – including free school meals and uniforms, food subsidies and pensions – under new rules that make access to more than three dozen state-funded schemes conditional on showing identification.

Over the past month, citizens have been notified that they have to prove their identity with a biometric ID, known as an Aadhaar card, to be eligible to use various services. Booking railway tickets online, applying for some jobs, and getting fuel subsidies will also be dependent on showing the controversial card.

Aadhaar cards were introduced by the Indian government in 2009, and rolled out by prime minister Narendra Modi in 2014. They record personal biometric data, including fingerprints and eye scans, which the government says allows it to ensure that welfare services are being delivered to those who really need them, and saving billions of rupees by reducing welfare fraud.

The Unique Identification Authority of India (UIDAI), which oversees the Aadhaar programme, says that more than 1.13 billion people have been enrolled on an official database. But activists say that hundreds of thousands of Indians and migrants are still undocumented and could miss out on their fundamental rights because of the new rules.

“What if a Facebook account was necessary to log in to the internet, and what if Facebook was owned by the government of the US?” asked Sumandro Chattapadhyay, research director at the Centre for Internet and Society (CIS), a thinktank with offices in Bangalore and Delhi. “We are building a system that will decide whether a child will eat or not on an afternoon based on [the] quality of internet connectivity and cleanliness of the child’s thumbprint.”

Chattapadhyay argued that Aadhaar, which is effectively being forced upon Indians, and which is used increasingly by private companies, exposed more than a billion people to huge privacy risks.

“The Aadhaar ID is being connected to digital communications via sim card registration, it is being connected to financial transactions via bank accounts, and all Indian citizens are being forced to enrol for it against the threat of losing out from welfare services,” he said.

“The potential of unmonitored and unregulated use of such linked data by the private sector is massive. It does not matter if the Indian state will finally go ahead with implementing this system or not. The fact that [it] is considering such a system is scary enough.”

Nanu Bhasin, spokesperson at the ministry of women and child development, confirmed that the order to link Aadhaar to government schemes had come directly from the Modi government. “There are leakages in the system,” she said. “This will plug leakages.”

Bhasin said Aadhaar was now mandatory: “You have to take it, it is necessary. You cannot take the right to a benefit if you don’t have the Aadhaar card.”

She said she did not know if those who did not want to enrol in the scheme because of potential privacy risks would still be able to receive benefits. “You have bank accounts, there you give all your details, everything. Why make a fuss [about privacy] for Aadhaar?” she said.

One of the most contentious new rules introduced this month, and coming into force in July, requires children to show Aadhaar cards to get free school meals. The notice led to a media storm in India, where malnutrition rates are high and nearly 60 million children are underweight.

On 7 March the government said alternative forms of ID would be accepted for free school meals where people did not yet have Aadhaar cards, and urged schools and childcare centres to enrol all attendees.

Activists argue that setting any barriers to free school meals is unethical and unconstitutional. Ambarish Rai, national convenor of the Right to Education Forum, said: “This is a very insensitive decision of the government. How can you make it mandatory? It is a clear-cut violation of the Right to Education Act 2009.”

Compulsory identification could deter school attendance if children struggle to get free school meals or uniforms, said Swati Narayan, visiting research scholar from the LSE and food activist. “India’s school meal programme covers almost 100 million children – the largest in the world. Instead of creating unnecessary barriers, the focus should be on how to improve these modest meals by adding eggs, fruit and nutritious foods to the menu.”

Glitches in the Aadhaar system have already led to reports of people being unfairly denied government subsidies. In February, the news website Scroll recorded a number of people in the state of Jharkhand being denied rice subsidies because of problems with Aadhaar card machines.

The constitutional validity of the government’s new orders is currently being debated in court, with questions raised as to whether the Indian parliament can restrict fundamental rights enshrined in the constitution, and whether the government has the power to force citizens to enrol.

In 2015, a supreme court order had ruled that the scheme was purely voluntary, and that it could not become mandatory with a court ruling. But in 2016, parliament passed the Aadhaar Act, which allowed the government to require identification for government services.

Khagesh Jha, a lawyer and activist, argued that the act was fundamentally unconstitutional. “Rescued children, children who have been trafficked or those who have been forced into child labour – [you] can’t expect them to hold an Aadhaar card or documents like a birth certificate. Right to education is a fundamental right, and is protected by the core of the constitution. It cannot be challenged by any other document.”

UIDAI, the agency overseeing Aadhaar, issued a statement saying the government had made savings of more than 490bn rupees (£6bn) in the past two and a half years, thanks to schemes linking government benefits to Aadhaar. It added that during the past seven years, there had been no report of a breach or leak of residents’ data.

For more details visit http://editors.cis-india.org/internet-governance/news/the-guardian-march-21-2017-no-id-no-benefits

No Genie At Your Fingertips

praskrishna — 2017-02-16T16:02:31Z

Aadhaar biometrics will now enable cashless shopping sans card and smartphone. A look at the hopes and fears.

The article by Arindam Mukherjee was published in the Outlook on February 20, 2017. Pranesh Prakash and Sunil Abraham were quoted.

Soon, you will be able to pay for your groceries and other purchased goods by using just your fingerprints and biometric data. You won’t need debit or credit cards, smartphones or e-wallets. You won’t need to sign or even remember your PIN.

In a bid to increase digitisation and move to the next phase of ‘cashless India’, the government is preparing to launch Aadhaar Pay, an initiative that will supersede the need to use credit cards, debit cards, smartphones and PINs to make payments or transfer money. The proposed system of payments will use a person’s biometric data and fingerprints to make payments through Aadhaar-linked bank accounts.

The initiative, which has been running as a pilot project in fair price shops in Andhra Pradesh, is expected to be launched in a month’s time. According to officials of the Unique Identification Authority of India (UIDAI), the system has been getting a positive response in these trials and is ready for a nationwide launch.

In Aadhaar Pay, all a person needs to carry to a shop are his fingerprints as merchant establishments will authenticate his or her identity through fingerprints, which will give them access to a person’s Aadhaar data. The only essential requirement for this new mode of payments is that bank accounts have to be linked with the account-holder’s Aadhaar number.

Unlike the post-demonetisation limits imposed on ATM and bank account withdrawals, no limits are proposed to be put on Aadhaar Pay transactions as of now. The proposal is to leave the fixing of limits to the discretion of banks. However, the government hopes Aadhaar Pay will be used mostly for small-value transactions rather than large deals.

The system will work through an app in the merchant establishment’s smartphone—with a fingerprint scanner device—eliminating the requirement of a Point of Sale (POS) terminal, which is required for credit card and debit card transactions. The scanner will be priced at around Rs 2,000, considerably cheaper than POS terminals that cost Rs 8,000-10,000.

Aadhaar Pay is the next step of the government’s successful run of Aadhaar Enabled Payment System (AEPS), under which transactions are made through ‘banking correspondents’, mostly in rural areas. These transactions are done through POS machines and micro-ATMs. Like Aadhaar Pay, AEPS disburses money without a signature or a debit or credit card, and without the need to visit a bank branch. But unlike AEPS, which works through banking correspondents, Aadhaar Pay will be available through merchant establishments much the same way as debit or credit cards work.

The biggest task before the government to ensure the success of Aadhaar Pay is to develop a network of merchant establishments that will accept Aadhaar Pay just the way they accept credit or debit cards or e-wallet payments like Paytm. To do this, the government said in this year’s budget that banks would be encouraged to put 20 lakh Aadhaar Pay access machines across the country. “We have asked every bank to select 35 merchants for this. These merchants will have a smartphone and a biometric device attachment to carry out Aadhaar Pay transactions,” UIDAI CEO Ajay Bhushan Pandey tells Outlook.

This won’t be easy. Even in case of debit or credit cards, the biggest limiting factor is the relatively small number of POS terminals that accept them. According to data from the National Payment Corporation of India (NPCI), there are only 14 lakh POS terminals in India, which has over 3.5-4 crore merchant establishments and 80 crore cards (77 crore debit cards and three crore credit cards). The bulk of these terminals are in tier I and tier II cities and almost none in tier III and IV towns. To improve the situation, the government is already working towards bringing in 10 lakh new terminals by March, most of which will be put in tier III and tier IV towns, bringing them deeper within the ambit of the digitised, cashless economy.

Though a starting target of 20 lakh terminals for Aadhaar Pay may seem quite ambitious, according to the latest data, 111.51 crore adults have already obtained their Aadhaar numbers and 50 crore bank accounts (of a total 110 crore savings accounts in the country) of 40 crore people have been linked to Aadhaar and, according to UIDAI, nearly two crore people are linking their bank accounts with Aadhaar every month, brightening up the prospects of Aadhaar Pay. A majority of these numbers are from rural areas and smaller cities.

The government and UIDAI aim to roll out Aadhaar Pay primarily in rural areas and tier III and tier IV cities to begin with, as these areas do not have proper debit or credit card coverage and the people living there are not big users of plastic cards or smartphones. “We need to provide a solution for every segment of the population,” says Pandey. “We have to take care of the people who cannot use smartphones or other mobile phones and debit or credit cards, and those who cannot remember their PIN for authentication. The only tool with them is their fingerprint. Approximately 30 crore people are not comfortable with cards or phone. We had to get them into the mode of digital payments.”

Not surprisingly, critics of Aadhaar and Aadhaar-based services have attacked Aadhaar Pay and AEPS on issues of privacy and security of biometric and personal data. Pranesh Prakash, policy director with the Centre for Internet and Society (CIS), recently tweeted, “As long as AEPS encourages biometric authorisation of transactions, it is bound to be a security nightmare, with widespread fraud.” Would you tell a shopkeeper your debit card’s PIN? No. Then why share your fingerprint? A fingerprint, in this system, becomes a kind of unchangeable PIN, he asks.

Pointing out a possible danger, Usha Ramanathan, an independent law researcher who has been following Aadhaar since its inception, says, “In many payments, biometric data is authenticated and then it remains in the system where there are leakages. Intermediaries then have access to the data, which is thus made insecure.”

According to the UIDAI, however, once biometric data is provided by the consumer while making Aadhaar-based payments, it gets encrypted and a merchant doesn’t get access to that data. The Aadhaar Act also prohibits any storing of biometric data in local devices. And yet, there are many like CIS executive director Sunil Abraham who believe it is a mistake to use biometrics for authentication, especially when payments are concerned. “Our concern with Aadhaar Pay is about the biometric component of the project,” says Abraham. “Biometrics is an identification technology. Unfortunately, it is being presented as an authentication technology. It is not a secure authentication technology as biometric data can be stolen easily. It is also irrevocable; once biometric data is stolen, it cannot be re-issued like a smart card.”

Then there is the problem of availability of fingerprints. In the case of many people from rural areas and the working class, fingerprints get affected due to the manual nature of their work. This makes it difficult for this target group of UIDAI to conduct transactions properly through Aadhaar Pay. “In Rajasthan, 30 per cent of the households are not even able to procure ration using fingerprints,” says Ramanathan.

The launch of Aadhar Pay at this time becomes more challenging as there has been a decline in digital payments this January. According to RBI data, digital payments, including transactions made by using credit cards, debit cards, electronic fund transfers, digital wallets and mobile banking transactions, were 10.2 per cent lower by volume and 7 per cent lower by value in January 2017 as compared to December 2016. Also, digital transactions fell from 1,027.7 million (worth Rs 105.4 lakh crore) to 922.9 million (worth Rs 98 lakh crore). This could get worse as the RBI raised the cash withdrawal limits from Rs 24,000 to Rs 50,000 from February 20 and aims to remove all limits by mid-March.

Within digital transactions, debit and credit transactions at POS terminals declined 18.6 per cent month-on-month in January, while mobile banking transactions declined by 7.6 per cent, showing that people still prefer to deal in cash. According to NPCI data, however, IMPS transactions rose by 18 per cent in January and UPI-based transactions went up from 2 million transactions (worth Rs 700 crore) in December to 4.2 million transactions (worth Rs 1,666 crore) in January.

Clearly, considering India’s demography and its problems, when it comes to the security of personal and biometric data, the government and the UIDAI have many issues to clear before Aadhaar Pay can achieve any success. Moreover, there are over 100 crore mobile phones in India today, with even the lowest strata of the population having access to one. Yet mobile-based payments and m-wallets are yet to hit that critical mass. To make Aadhaar Pay a bigger success than that could be a gigantic task.

For more details visit http://editors.cis-india.org/internet-governance/news/outlook-arindam-mukherjee-february-20-2017-no-genie-at-your-fingertips

No fear of losing internet freedom till Jan 15: Experts

praskrishna — 2012-12-31T02:20:31Z

There is no need to get scared about losing internet freedom, at least till January 2015.

The article by Kim Arora was published in the Times of India on December 22, 2012. Pranesh Prakash is quoted.

That's the view of top telecom policy watchers, who closely monitored the World Conference on International Telecommunications (WCIT) of the International Telecommunication Union (ITU) that ended in uncertainty earlier this month in Dubai.

Policy experts say the changes affecting internet users in India, if any, would be slow and minor with little or no changes existing laws and governments largely retaining their current control. The resolutions are not binding and member-states are free to opt out of it. India is yet to ratify the treaty that lays out a broad framework on international co-operation over telecommunication resources.

The ITR (International Telecom Regulations), decided by the ITU were last updated in 1988 when the internet, as we know it today, did not exist. And the hullabaloo was caused by the proliferation of internet in the intervening years had created a lot of complications and misgiving among nation states. The Dubai conference also included alarmed internet evangelists who feared that the meeting would result in UN control of the internet. But with the US, the UK and several other countries vehemently refusing to sign on the dotted line, most decisions have been withheld till January 2015 when the treaty is expected to be ratified.

For more details visit http://editors.cis-india.org/news/times-of-india-december-22-2012-kim-arora-no-fear-of-losing-internet-freedom-till-jan-15

No country for the disabled

praskrishna — 2016-12-01T14:29:30Z

A 26-year-old electrical engineer is forced to hide his disability, for fear of losing his job. His current employer is unaware that he uses an artificial limb.

The article was published in New Indian Express on December 1, 2016. Nirmita Narasimhan was quoted.

‘I hide my disability to keep my job’

Sameer (name changed) had applied for a job in a well-known company about four months ago. He had informed the HR of the company that he had lost his left leg, in a road accident, and wears an artificial limb. The company did not have a problem with it, at least not until they sent him an offer letter with a joining date.

“I was called for interviews and they selected me for the job,” he says. “I got the offer letter with a joining date and resigned from my previous company after getting the letter. But when the doctor gave my medical certificate for company insurance, they changed their mind. The certificate mentioned that I am physically fit and capable of doing the job but added that I wear an artificial limb. After that, they simply refused to proceed with the offer.”

He also received a written explanation that he is not being considered for the job because he uses an artificial limb. “I have five years of experience. When I contacted them again saying that they cannot deny the job after offering me the letter, they said they have ‘sympathy’ for me. When I insisted that the job will be great for my career, they said they will get back to me in two to three days but I didn’t hear from them again,” he says.

Sameer had to request his previous company to ignore his resignation letter and keep him. Fortunately, they agreed. He adds, “I kept looking for better job opportunities. I even thought of starting a business of my own but did not have enough funds. I am the only earning member in my family. My father passed away sometime ago. My mother and two younger brothers are dependent on me.”

Except for a few of his seniors, no one in his current organisation knows of his disability. He says, “Only a few seniors know because I told them about it. It is not easy to make out that I am using an artificial limb. I can walk fine, do all the chores like an able person. Even when someone comes asking what’s wrong with my leg as I limp a little, I tell them that I had an injury.”

Sameer has completed B Tech and did a diploma in electrical engineering. He adds, “None of my friends whom I lived with, during my graduation and diploma course, know that I use an artificial limb. Until I detach the limb in front of someone, no one gets to know.”

He lost his left leg in an accident when he was three. He says, “I can walk on any terrain, ride bikes and also play badminton for two to three hours without any problem. I am on no medication or therapy. I tried to convince the employers saying all this, but it came to naught.”

Provisions for disabled in law
The Persons with Disability Act 1995 states that the appropriate governments and local authorities shall by notification formulate schemes for ensuring employment of persons with disabilities, and such schemes may provide for the training and welfare of persons with disabilities; the relaxation of upper age limit; regulating the employment; health and safety measures and creation of a non-handicapping environment in places where persons with disabilities are employed; the manner in which and the person by whom the cost of operating the schemes is to be defrayed; and constituting the authority responsible for the administration of the scheme.

Inclusive workplace
The non-discrimination chapter of the Act also states that no promotion shall be denied to a person merely on the grounds of his disability.

Disabled kid? No admission

Mita Sarkar, a mother of a six-year-old girl who has cerebral palsy (CP) had to approach around ten private schools for her daughter’s admission. She heard the same response from every school she approached: “Education is for all and we accept all children, but we are not equipped to school your child”.

Mita says, “When Monali was seven months old, she had a traumatic brain injury. She lost more than half of her brain cells. Now her condition is similar to kids with cerebral palsy.” She has right side hemiparesis - a weakness in the right side of the body. She has difficulties with motor coordination, walking, speech and attention span.

“But according to her doctors, psychologist and therapists, her intelligence level is good and she can continue a regular school curriculum with some facilitation and acceptance from the schools, teachers and peers,” says the mother.

With her tireless pursuit to seek admission for her daughter, Mita finally struck gold with a private school. Monali is currently in LKG.

Inclusive Education
Though the Persons with Disabilities (PWD) Act 1995 and Right to Education states that children with disabilities have equal rights to education and can be admitted in a normal schools, many schools seem to make an excuse that they do not have enough manpower and resources for admitting children with special needs.

The PWD Act recognises CP as a disability.
The Sarva Shiksha Abhiyaan, a programme started by the government for universalisation of elementary education also states that equity, to mean not only equal opportunity, but also creation of conditions in which the disadvantaged sections of the society - children of SC, ST, Muslim minority, landless agricultural workers and children with special needs, etc. - can avail of the opportunity. Access, not to be confined to ensuring that a school becomes accessible to all children within specified distance but implies an understanding of the educational needs and predicament of the traditionally excluded categories - the SC, ST and others sections of the most disadvantaged groups, the Muslim minority, girls in general, and children with special needs.

Nirmita Narasimhan, Policy Director of the Disability Access vertical of Centre for Internet and Society (CIS), says, “Inclusive education is a good model, provided there are good staffs and resources available. The staff should get equal pay as that of other teachers. It is a good method to sensitise normal children about the disability issue as well.”

Separate Wing for Disabled Children
Advocate C V Sudhindra believes the Act that allows inclusive education may not be a practical proposition. He explains, “Children with disability will find it difficult to adjust in a classroom with abled children. It could be demoralising for them. They would mingle with abled children and understand what skills they are deprived of. It is a burden on the institution to have facilities for special children. The needs for every disability vary. You need have not just a trained teacher but also other facilities like toilets. It affects the normal functioning of a school.”

He adds a separate school is ideal for them. He cites an example, “You cannot accommodate people with disabilities in the Olympic competition. That is why we have Paralympic competition. The Act should be in tune with reality and should not affect the regular affairs of the people.”

For more details visit http://editors.cis-india.org/accessibility/news/new-indian-express-december-1-2016-no-country-for-disabled

No access to pornography in cyber cafes, declare new rules

praskrishna — 2011-05-01T01:09:50Z

Fresh guidelines, which are part of Information Technology (guidelines for cyber cafe) Rules 2011, will require cyber cafe owners to "tell users" not to surf websites that contain "pornographic or obscene material". Experts termed the rule arbitrary, saying that watching pornography is not an offence in India. This article by Javed Anwer was published in the Times of India on April 26, 2011.

According to the rules notified on April 11, all cyber cafes in the country will have to register with an "agency as notified" by the government. While some of the guidelines deal with the security threat posed by "anonymous internet users", most aim to make sure that people don't use cyber cafes to access pornographic material.

Pawan Duggal, a lawyer who specializes in IT laws, said the new guidelines were arbitrary. "Watching pornography is not illegal in India," he said. "It's absurd to ask cyber cafe owners to tell their customers not to access pornographic material even as law allows individuals to access adult websites unless it's not child pornography. The new rules require a second look."

The new rules suggest cafe owners install filtering software and keep a log of all websites accessed by customers for at least one year. Cafe owners have also been asked not to build a cabin/cubicle with a height of more than four and half feet. In a cyber cafe where there are no cubicles, "owners will have to place computers with the screens facing outward" or towards open space. The move is aimed at reducing privacy a cyber cafe user can get.

Duggal said if implemented earnestly, the new rules will put most of cyber cafe owners out of business.

Internet activists termed the guidelines "unconstitutional". Pranesh Prakash, a programme manager with Centre of Internet and Society, said the rules will violate privacy and will hamper internet users' ability to freely express themselves.

The new rules make it mandatory for user to carry an identity card. Cyber cafe owners have been asked to give user logs to the "registration agency" every month as well keep these records along with the log of websites accessed at the cyber cafe safe for a period of one year. A few cafe owners said that technically, it would be a daunting task to keep a record of every website accessed using their computers for a year.

While minors, if carrying identity cards have been permitted to use computers in a cyber cafe, they won't be allowed inside cubicles if not accompanied by guardians or parents. There is also provision of photographing cyber cafe users using a webcam or other device. The photographs will have to be authenticated by the user. Prakash said that photographing users raises serious privacy questions, especially in the case of children.

Read the original article published by the Times of India here

For more details visit http://editors.cis-india.org/news/no-pornography-in-cyber-cafes

NN_Conference Report.pdf

praskrishna — 2016-02-27T08:07:31Z

For more details visit http://editors.cis-india.org/internet-governance/blog/NN_Conference%20Report.pdf

NMEICT Funds Book Conversion Project for the Print Disabled

praskrishna — 2011-08-23T04:52:37Z

IIT, Kharagpur, Daisy Forum of India, Inclusive Planet and the Centre for Internet and Society have joined hands to undertake a project for the print disabled. The National Mission on Education through Information and Communication Technology (NMEICT) is funding this project.

NMEICT has funded a project for converting college level text books into daisy format for the print disabled students. This project is being jointly undertaken by IIT, Kharagpur, the Daisy Forum of India, CIS and Inclusive Planet. The vision of the Mission is to fund education projects using ICT to ensure that knowledge resources are made available to learners in a manner and speed which is attuned to their needs. It seeks to increase enrolment in education at various levels by providing an alternate route to conventional educational practices and bridging the gap with the objective of fully utilizing India's human resource potential.

The present project involves organizations around the country to identify 200 college level text books in Hindi, English and five regional languages for conversion into Daisy over the next year. The converted books will be distributed through CDs and a website to 500 universities and colleges around the country. The details of the stage wise progress of the project, including the methodology, partners, technologies and finances will be updated periodically on the dedicated website.

The pilot project commenced on 1st April 2010 and will finish on 31st March, 2011.

For more details visit http://editors.cis-india.org/accessibility/blog/nmeict-funding