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Sharing below the report submitted to the Delhi HC by the Amicus Curie regarding accessible currency. This report was submitted in the first week of April 2018. Subsequently, officials of the RBI have been travelling across the country meeting up with different stakeholder groups and taking suggestions. If you have any ideas that you might like to share, please feel free to write to me. Happy to share good and practical ideas with the court as well as RBI. IN THE HIGH COURT OF DELHI AT NEW DELHI WRIT PETITION(C ) NO.10727 OF 2017 IN THE MATTER OF : All India Confederation of the Blind VS. RBI & Anr. REPORT OF THE AMICI CURIE ON THE ISSUE OF ACCESSIBILITY OF VISUALLY IMPAIRED PERSONS TO THE INDIAN CURRENCY INTRODUCTION: That Writ petition C No.10727/2017 titled as All India Confederation of the Blind Vs. Reserve Bank of India & anr. was filed making the following prayers: A) issue a writ/ direction/ order in the nature of mandamus and/ or certiorari directing, commanding and requiring the Respondent no.'s 1 and 2 for ensuring/ changing/ modifying all new legal tender bank notes and coins currently in circulation to make them easily identifiable and differentiable for all visually impaired, i.e. blind and those with low vision.; and/ or B) issue a writ/ direction/ order in the nature of mandamus and/ or certiorari directing, commanding and requiring the Respondent no.'s 1 and 2 for withdrawing/ replacing all new legal tender bank notes and coins currently in circulation in a phase-wise, reasonable and time-bound manner by issuing fresh/ new legal tender bank notes and coins easily identifiable and differentiable for all visually impaired, i.e. blinds and those with low vision. Further, Writ Petition ( C) no.9728/2017 titled as Rohit Dandriyal & Ors. Vs. Reserve Bank of India & Anr. was filed making the following prayers: a) Direct the respondent No.1 for issue the new Rupee 50/- with identification mark for visually impaired persons; b) Direct the respondent No.2 for approve the new Rupees 50 which bearing the identification mark for visually impaired persons. c) Direct respondents to withdraw new 50/- rupee note currency without identification mark for visually impaired persons & also stop the printing of such currency bank note which is without identification mark for visually impaired persons. Thus, while the writ petition C no.10727/2017 covered the broader issue of the inclusion of features in bank notes and coins which enable the visually impaired person to identify currency of different denominations, writ petition (C) No.9728/2017 is restricted to the issue of identification of only 50 rupee bank note. Vide order dt.16.2.2018 the undersigned were appointed as amici curie to assist the court in both the petitions. Before making recommendations, it is appropriate to give a brief background of the genesis of the issue involved. Before demonetization, both bank notes and coins had features such as major difference in size with regard to bank notes of different denominations and difference in shapes and sizes with regard to coins of different denominations which enable visually impaired person to identify currencies of different denominations easily. However during the process of demonetization and thereater, RBI has issued new bank notes of Rs.10, 50, 200, 500 & 2000 which is in circulation in the economy of the country at present. These bank notes do not have features which could enable visually impaired persons to differentiate between the bank notes of different denominations. No doubt, there is a very little and insignificant difference in the size of each denomination of bank notes but i.e. so negligible that it is difficult to identify bank notes of different denominations by a visually impaired person. It is claimed that since Rs.50 note is having some embossed markings in the form of straight lines, the same meets the accessibility requirement of visually impaired person. However, it is not so. In the first place, the lines / markings cannot sustain for long and secondly, these markings have no relationship with the denomination of Rs.50 to enable visually impaired person to understand what it stands for. Further, for low vision persons, there is no change of colours in bank notes of different denominations which is essential for them to identify different denominations bank notes. A perusal of the affidavit filed by RBI reveals that RBI had consulted National Association for the Blind. However, there were various suggestions given by National Association for the Blind which were not taken into account by RBI while issuing bank notes. LEGAL POSITION That Section 12 (4)(a) of Rights of Persons With Disabilities Act 2016 which came into force w.e.f. April 2017, mandates the appropriate Govt. which include Central Govt. also to take steps to ensure that all their public documents are in accessible formats. Thus, accessibility to public documents besides other infrastructure and services for persons with disabilities including visually impaired persons is a right recognized by Rights of Persons With Disabilities Act 2016. Further, section 13 of RPD Act 2016 recognizes the rights of persons with disabilities including visually impaired persons to own or inherit property, movable or immovable, control their financial affairs and have access to bank loans, mortgages and other forms of financial credit. Thus, ability to identify bank notes of different denominations and coins of different denominations independently is a right vested in visually impaired person under the Act. Reserve Bank of India is empowered to issue bank notes of different denominations on the recommendation of Central Board U/S 25 of Reserve Bank of India Act 1934. Thus, the bank notes issued by RBI during and after the demonetization do not meet the accessibility requirements of persons with visual impairment though the said Right of Accessibility to bank notes is a right recognized by RBI Act. RECOMMENDATIONS: We have examined the pleadings in both the petitions. Before making the recommendations, we would like to submit that while finalizing the recommendations, we have tried to balance larger national economic interest and rights of persons with visual impairment. Further, the recommendations, if implemented, will also be useful and beneficial for other segments also such as illiterate particularly urban and rural poor as the issue of identification of bank notes and currency is also an issue for them. Based on these considerations, we make the following recommendations:- 1. Central Govt. and Central Board should be directed to provide distinguishing features in any bank note or coin of different denomination to be issued hereafter which are identifiable and recognizable easily by visually impaired persons and also those who cannot read the denominations printed on the bank notes or engraved on the coins at the time of deciding on the design, material and form of the bank notes U/s 25 of RBI Act. 2. Whenever existing bank notes and coins are withdrawn from circulation, they should be substituted by the bank notes or coins having such distinguishing features as recommended in this report. 3. The distinguishing features on the bank notes of different denominations may largely be different shapes in the corner of bank notes coupled with different sizes of bank notes for different denominations. Further, the colour of bank notes of different denominations should also be different. In so far as the coins are concerned, the shape of each of different denomination coin should be different. To illustrate, it may be considered that bank note of 10 Rupee denomination may have a triangular shape of left hand top corner of the note. Further, 50 Rupee note may have round shape of right hand top corner and so on and so forth. The difference in the sizes of different denomination bank notes should be in the width and not in the length of bank note. Similarly, one rupee coin may have round shape whereas two rupee coin may have quadrilateral shape and so on and so forth. 4. It is learnt that RBI proposes to issue plastic currency on an experimental basis. It is therefore recommended that while issuing plastic currency / bank notes, the Central Govt. should ensure that recommended distinguishing features are incorporated in the said currency making it possible for visually impaired and other segments of the society to identify and recognize different denominations currency easily and independently. (S.K. RUNGTA) (GEORGE ABRAHAM) Senior Advocate & CEO Score Foundation & Amicus Curie Amicus Curie IN THE HIGH COURT OF DELHI AT NEW DELHI WRIT PETITION(C ) NO.10727 OF 2017 IN THE MATTER OF : All India Confederation of the Blind VS. RBI & Anr. INDEX S.NO. PARTICULARS PAGES 1. Report of the Amici Curie on the issue of accessibility of visually impaired persons to the Indian currency (S.K. RUNGTA) (GEORGE ABRAHAM) Senior Advocate & CEO Score Foundation & Amicus Curie Amicus Curie Search for old postings at: http://www.mail-archive.com/[email protected]/ To unsubscribe send a message to [email protected] with the subject unsubscribe. 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