Dr Kalyan C Kankanala vs. Union Of INDIA
Original PDF →Facts
The petitioner, Dr. Kalyan C. Kankanal, filed a writ petition seeking to direct Respondent No. 3, the Office of the Controller General of Patents, Designs and Trademarks, to make its websites and online procedures, including video-conferencing, fully compliant with accessibility guidelines. The petitioner specifically requested compliance with the "Guidelines For Government Websites (2.0), 2019 Edition" and certification from Respondent No. 5. The respondents, through their counsel, submitted that steps were being taken to comply with the Rights of Persons with Disabilities Act, 2016, and that new guidelines had been issued which would address the petitioner's concerns. They indicated that making the websites accessible would take time after design and project approval.
Held
The Court noted that the respondents had filed an affidavit from Dr. V. Parimalavarsini, Deputy Controller of Patents and Designs, detailing the accommodations being provided. These included making documents OCR readable upon request, providing audio captcha on websites, conducting virtual hearings on an accessible Webex platform, and favorably considering adjournment requests from persons with disabilities due to accessibility issues. The affidavit also stated that preparations for a tender to make websites accessible in line with Union of India guidelines had commenced. The Court found that the apprehension of the petitioner had been substantially complied with, a position conceded by the petitioner's counsel. Consequently, the petition was disposed of in terms of the affidavit filed by Respondent No. 3. No specific GST provisions were discussed or relied upon.
Key Issues
1. Whether the websites and online procedures of the Office of the Controller General of Patents, Designs and Trademarks are compliant with accessibility guidelines for persons with disabilities, as mandated by law and specified guidelines? 2. Whether the respondents have taken adequate steps to ensure reasonable accommodation for persons with disabilities in their online services and procedures? The petitioner argued for full compliance with accessibility guidelines, specifically referencing the "Guidelines For Government Websites (2.0), 2019 Edition" and seeking certification. The respondents, represented by Smt. Vidya Pai, contended that steps were already being taken to meet the requirements of the Rights of Persons with Disabilities Act, 2016. They submitted that fresh guidelines had been issued which would substantially address the petitioner's requests and that while full compliance would take time, progress was being made. They relied on the provisions of the Rights of Persons with Disabilities Act, 2016.
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Cause title — parties, addresses and appearances
ORAL ORDER
By Order dated 27.08.2024, after hearing the learned counsel for the petitioner as well as the contesting respondents, this Court has passed the following Order: Learned counsel for the respondent, taking this Court through the directions sought by the petitioner in the interim application in I.A.No.1/2023, submits that steps have already been taken to meet the requirements of the Statute viz., The Rights of Persons with Disabilities Act, 2016, to provide and comply with the request being made by the petitioner. She further submits that fresh guidelines have been issued subsequent to filing of the petition, which would substantially take care of the request and demand made by the petitioner. She also submits that as regards brining the website in-tune with the guidelines enabling the persons with disabilities to have access, she submits that it may take some time after the design and project being approved by the concerned. Learned counsel for the respondents to file an affidavit with regard to the submission made, by the next date of hearing. List this matter on 09.09.2024." NC: 2024:KHC:37976
Today, learned counsel appearing for respondent No.3 files an affidavit of one Dr. V. Parimalavarsini- respondent No.3 who is the Deputy Controller of Patents and Designs, which reads as under : " I, Dr. V. Parimalavarsini, D/o Sri K. Vasudevan, aged about 49 years, being the Deputy Controller of Patents & Designs having my office at The Patent Office, Intellectual Property Rights Building, GST Road, Guindy, Chennai-600032, do hereby solemnly affirm and state on oath as follows:
I am the Deputy Controller of Patents and Designs. I am authorized to swear to this Affidavit on behalf of Respondent No.
I am conversant with the facts of the case.
The Respondent No.3 has issued "Guidelines For Accessibility and Reasonable Accommodation for Persons with Disabilities" during the pendancy of the above Writ Petition. The same may be read as part and parcel of the present Affidavit.
I state that the Petitioner has filed I.A. No.1/2023 in the above matter seeking for various accommodation for Persons with Disability. I state that in response to the request of the Petitioner, the Respondent No.3 will extend the following reasonable accommodations: NC: 2024:KHC:37976 The Respondent No.3 shall provide OCR readable documents on request made by Persons with Disability.
b. Audio Captcha has been provided in Websites owned by Respondent No.3. c. Virtual hearing is being conducted on Webex platform which is accessible with screen readers.
d. The Respondent No.3 shall treat request for adjournment favourably, as far as possible, when made by Persons with Disability on account of accessibility issues.
The Respondent No.3 has commenced preparation of scope of work towards a tender for making the websites accessible to Persons with Disability in line with prevailing Guidelines issued by the Union of India for the same. Upon receiving the necessary approvals from concerned authorities, the websites will be made accessible to Persons with Disabilities.
Wherefore it is prayed that this Hon'ble Court be pleased to take the present Affidavit on record and dispose the above matter in terms of the present Affidavit, in the interest of justice." NC: 2024:KHC:37976
In view of the aforesaid affidavit having been filed, apprehension given to the petitioner has been substantially complied. Learned counsel for the petitioner also concedes to the same. In that view of the matter, petition is disposed, in terms of the affidavit. (M.G.S. KAMAL) JUDGE
SNC List No.: 1 Sl No.: 13 CT: BHK
Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.