nowhere it says that notes and coins should be identifiable by touch

On 8/16/18, Kotian, H P <[email protected]> wrote:
> All
>
> I am afraid there are 3 blaring shortcommings in the recommendation:
> 1 The shape of symbols should not have been there at all in the
> recommendation. This is essentially where RBI has been misguided and they
> take it is a final act of making the currency accessible. I am extremely
> disappointed in reading this.
> 2 It should have been clearly articulated that the size differentiation
> should be of minimum 10 mm to its nearest demonomination. This too was not
> there.
>     3 Finally there should have been a recommendation to withdraw all the
> inaccessible notes to be phased out in a phased manner expeditiously.
>
> We have clearly lost the battle.
>
> If it all there is something there in the recommendation it is only for the
> partially sighted with reference of color differentiation. Totally blind
> persons have been miserably sidelined.
>
> From BGFI we had shared all the good practices and practical recommendation
> after making thorough research on the issue on the list. If only it was
> looked into.
>
> Very, very disappointed.
>
> Harish.
>
> -----Original Message-----
> From: AccessIndia [mailto:[email protected]] On Behalf
> Of George Abraham
> Sent: Tuesday, August 14, 2018 3:48 PM
> To: AccessIndia: a list for discussing accessibility and issues concerning
> the disabled. <[email protected]>
> Subject: [AI] Report on Accessible currency notes
>
> Hi!
>
>
>
> 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
>
>
>
>
>
>
>
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>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> 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
>
>
>
>
>
>
>
>
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-- 
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Assistant Professor,
Department of English
Shivaji University, Kolhapur
Cell: 09404825544
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