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Lawyers get socially involved: The Right to Read

right-to-read-campaign"Imagine life without books, without having anything to read. Wouldn't it get suffocating?" asks Moiz Tundawala, a visually impaired student at NUJS Kolkata.

A number of engaged lawyers have been working hard to address the suffocation by trying to make books accessible to all in the Right to Read campaign.

"Just place yourself in the shoes of the print disabled and try evaluating," posits Tundawala. "Why deprive them of a fair opportunity to participate in society especially when you have the technology to make things easier?"

By contrast the situation as it stands today in India is simple: if you can not read printed text for whatever reason, most books will remain forever closed to you.

Pesky laws
And while technology is making headway towards accessibility it stumbles upon myriad legal roadblocks.

The biggest spoilsport is the India Copyright Act, which does not explicitly permit the conversion of books into accessible formats without breaching their copyrights.

Three organisations active in the field have now joined hands to launch the Right to Read campaign in India, following the eponymous global campaign by the World Blind Union. The Indian campaign is supported by social enterprise Inclusive Planet with its first product BookBolé, the Center for Internet and Society (CIS) and the non-profit organisation Daisy Forum of India.

And throughout lawyers have been vital in getting the campaign off the ground.

"We believe that the right to read is a fundamental right and persons with disabilities should be able to enjoy this right just like any other person," says CIS programme manager Nirmita Narasimhan. She is an LLB graduate of Campus Law Centre, Delhi University and has years of experience in working in the courts and with intellectual property (IP).

"Nearly 70 million print disabled Indians are being deprived of this right because they are unable to read in the same manner as other persons," she continues. "This goes against our constitutional guarantees of rights to equality and non-discrimination."

The movement does not restrict itself to the blind and visually impaired and the Right to Read campaigners are quick to point out that the term print disabled is a wider term and includes persons who have dyslexia, learning disabilities and persons who due to physical disability are unable to hold books or turn pages.

The campaign therefore aspires to reach to all those who do not have access to knowledge due to the non-availability of books in accessible formats.

Technology's outer limits

Inclusive Planet's co-founder and policy head Rahul Cherian is also the founder and managing partner of IndoJuris Law Offices.

He and Narasimhan co-wrote a letter to the IPR Division of the Federation of Indian Chambers of Commerce and Industry (FICCI).

In it they explained why formats like audio files and Braille cannot fully address the issue of accessibility and what should be done about it.

"Audio files have to be played serially and navigation is severely limited. In the case of Braille, the printing costs are expensive and reading a Braille book is up to 4 times slower than a normal book," they wrote.

"Moreover, Braille is extremely difficult to learn if you lose sight at a later age, and persons using Braille can communicate only with others who know Braille. Braille cannot be used by persons with other print impairments such as dyslexia or persons with physical disabilities".

Perhaps more innovative technologies are necessary but technology also has some serious limitations, such as not being able to cater to India's multilingual needs, points out Narasimhan.

Tundawala's first-hand experience with technology is instructive.

"Audio brings in the human element," he says, "but a lot depends on the reader. Some are naturally good readers, some others are not. Listening to monotonous voices is not at all enjoyable."

Cost is a big hurdle too. "A wonderful device that is in the markets in places like the US is the portable reader. It is a hand held device and comes with a camera with OCR (Optical Charachter Recognition) and TTS (Text To Speech) installed on it. How I wish to get hold of it. But this comes at a whopping two thousand dollars", says Tundawala.

Even screen reading software that converts the text on screen to speech such as JAWS for Windows comes at a mind-boggling fifty thousand rupees.

The co-founder and CEO of Inclusive Planet Sachin Malhan, who is perhaps best-known for starting up the CLAT preparation service Law School Tutorials after a stint in a law firm, defends technology.

"Any large solution will have imperfections," says Malhan, "but one must keep in mind how small these obstacles are when compared with the opportunities."

Being Good: the subtle art of Dharma
Issues of cost and accessibility are serious. Inclusive Planet, which is run as a for-profit social organisation, will face the challenge of making its first product BookBolé pay for itself.

Cherian is optimistic. "The cost of printing, stocking and distributing books which is huge in regular books is virtually nil in our model," he says.

"We are in the process of convincing a few publishers about the possibility of tapping into the needs of the millions in need of books in accessible formats. The World Blind Union has given the phrase 'Same day. Same price' for books to be made available to the print disabled and we want to live up to it."

And going by the magnitude of response BookBolé has been able to generate it already sounds like a success story.

Cherian told Legally India that Inclusive Planet has five new products and projects lined up for the disabled. Two among these will cater exclusively to needs of the visually impaired and according to Cherian will truly revolutionize the ecosystem for the visually impaired, making their world happier and more inclusive.

Tundawala, however, disagrees with this approach and argues: "If we start selling technology through the market mechanism, it may not serve the needs of the vast multitude."

Legal Samaritans
The Right to Read has journeyed well and is picking up momentum with legal activists forming the vanguard.

"The prominent people behind our freedom struggle were lawyers so the legal community owes a special responsibility in this case to help bring about a change for the better," insists Tundawala. "Their support will give a sense of hope to millions of individuals that the people who know the law empathise with them and think the way they do about this problem."

For Cherian help from the corporate sector has made life easier. "None of this would have been possible without the collaboration of corporate lawyers. Corporate lawyers have helped in the legal research and strategy."

Delhi Chalo!
The Indian campaign, which was launched in September, is also closely allied to the global debate and involves many issues and organisations.

"We are actively involved in The Treaty for the Blind, Visually Impaired and other Reading Disabled presently tabled before the Standing Committee on Copyright and Related Rights (SCCR) at the WIPO and are working with the World Blind Union to help from an India level," explains Nirmita.

She adds that earlier this month they also organised a meeting with the Director General of WIPO in Delhi and submitted a statement document on behalf of the Indian visually impaired community.

And the Right to Read, explains Cherian, will soon be taken up to India's Human Resources Development (HRD) minister Kapil Sibal.

"We plan to organise 4 more road shows in different cities, culminating with a large event in Delhi," he says.

"We will also be submitting a research paper to the HRD Ministry on the constitutional, domestic and international law compulsions that require the amendment of the copyright act for the benefit of persons with disability."

Sign the declaration and express your support at the Right to Read campaign website. If you needed any other incentive, today is World Disability Day.

Comments (14)Add Comment
NB: The comments below are the personal views and opinions expressed by readers and are not those of Legally India. If you believe a comment is inappropriate, please send us a message with your objection and contact details and we will review it as soon as practicable.
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#1...
written by Karan Talwar, 03 December 2009 08:26
Its a very pertinent issue that LegallyIndia has raised through this article. We claim to be putting in all efforts directed at social justice and inclusive growth, but as has been pointed out here there's a strong dsconnect between what's claimed and what's eventually the ground reality. It's great to hear as this article points out that there are some organizations 'legal samaritans' working towards this end.
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#2...
written by Rishabh Goenka, 04 December 2009 00:57
I have a feeling best resonated by an ancient roman saying - "The more laws, the less justice".

Dilution of copyright laws will certainly be a big step forward towards making knowledge available to everyone. Though, after such a change, keeping in mind the present state of technology, it would be dirt cheap to have all the books to come with a digital version capable of being utilized by all alike, digitalizing old databases/libraries is still a costly business and the campaign may encounter funding problems, if it so continues.

I would like to make a suggestion for linking the right to read campaign with other major global campaigns, the most important being the environment movement such as the Green Belt. Digital books helps in saving environment as they invariably lessen the use of tress for printing books. Also, transportation of books from printing press to reader's home leave a substantial carbon footprint. Once the books are available online, technology can be built around them to make them accessible to all. Thus, the incentive is big for the environmentalists as well, in pressing for dilution of copyright laws.

Suggestions can be made to Google and Microsoft to develop open source softwares for the print disabled, and in return, government may offer some kind of tax rebate to them. Also, it will help them discharge their CSR.
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#3...
written by Tanuj Kalia, 04 December 2009 02:36
@Karan
Thank you for your comment. LegallyIndia will continue being proactive in promoting such social endeavours.

@ Rishab
"Digital books helps in saving environment as they invariably lessen the use of tress for printing books. Also, transportation of books from printing press to reader's home leave a substantial carbon footprint".

Brilliant suggestions!
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#4...
written by abc, 04 December 2009 02:58
The article has raised an important social concern which needs immediate attention.
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#5...
written by Tanuj Kalia, 04 December 2009 13:58
Here is something really innovative coming through Prof. Shamnad Basheer (IPR Chair, NUJS).

See the link at http://www.spicyip.com/wikilaws/tiki-index.php

The project is called CLaM. CLaM stands for Collaborative Law Making. The CLaM Initiative attempts to engineer a shift from "representative" to "direct" democracy by enhancing public participation in the framing of laws. It builds on the "collaborative" and "open" approach popularised by "open source" software and other initiatives such as Wikipedia. To this end, it seeks to build an online model of collaborative participation to help with the framing of laws/policies.

And guess what, the first project deals with the amendment to section 52 (1) of the Copyright Act which is 'THE' biggest exclusionary effect of copyright laws on persons with disabilities.
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#6...
written by a guest, 05 December 2009 04:11
A well-written piece....creates awareness which is also very important
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#7...
written by Amit Yadav, 06 December 2009 09:04
I would like to congratulate the author of this article for writing such a precise piece which can help lawyers and layman to get themselves a basic understanding of the needs of a differently abled person. It seems that author has researched deeply for this piece and has been able to put his point with so much ease. He has been able to cite various projects which are their for improvement in the condition of visually impaired people while mentioning various difficulties faced by them in reading various materials. The author has been able to press on such a topic which was not considered by many as carrying any significance and it is good to see so many people working day and night to provide others with facilities which will improve their skills and competence.
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#8...
written by Rahul Cherian, 08 December 2009 06:54
Nice article and brings out the issues clearly.

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#9...
written by Waseem Shuaib Ahmed, 08 December 2009 08:33
I concur.
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#10...
written by Tanuj Kalia, 08 December 2009 10:52
@Anonymous, Amit, Rahul and Waseem

Am glad that you liked the article. I hope you have signed the petition. The link to the same is provided at the end of the writeup.

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#11...
written by Savinder Singh Gill, 09 December 2009 00:22
Seriously I never thought about this issue..I was unaware of the difficulties of the disabled persons..It's worth appreciating...It shows that you have put in a lot of effort for this article...I think Rishab has also come up with brilliant suggestions....
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#12...
written by Smriti Brar, 26 December 2009 10:31
FIrst of all, i must congratulate you. Its indeed very well written tanuj... I must admit, just like savinder, I had no idea about all these obstacles which hamper the studies for the disabled..
Its a really good cause you've picked up.
Good luck with it.
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#13Dr.Nirmaltha Ramesh kanna(PhD Law)
written by Anonymous, 25 January 2010 18:11
My heartfelt congratulations for the author for his efforts to educate the people about the forgotten and deprived segment of the society who is differently abled. Seventy million print disabled people if deprived of reading, is a crime towards the society and we are duty bound not only as lawyers but as well a responsible citizen of this country to join the 'Right to read campaign' and become the champion of this social awerness campaign.

Let me be informed of the road shows if any in Chennai, to show my solidarity towards your social endeavours.
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#14Tanuj Kalia
written by Anonymous, 01 February 2010 23:08
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