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Rights of Persons with Disabilities Act, 2016

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The Rights of Persons with Disabilities Act, 2016
Parliament of India
CitationAct No. 49 of 2016
Territorial extentIndia
Passed byRajya Sabha
Passed14 December 2016
Passed byLok Sabha
Passed16 December 2016
Assented to27 December 2016
Commenced15 June 2017
Legislative history
First chamber: Rajya Sabha
Bill titleThe Rights of Persons with Disabilities Bill, 2014
Bill citationBill No. I of 2014
Introduced byMallikarjun Kharge
Introduced7 February 2014
Committee reportStanding Committee Report
Final stages
Reported from conference committee7 May 2015
Repeals
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 2016
Status: In force

The Rights of Persons with Disabilities Act, 2016 is a disability law passed by the Parliament of India to fulfill its obligations under the United Nations Convention on the Rights of Persons with Disabilities, ratified by India in 2007. The Act replaces the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

Legislative history

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The Rights of Persons with Disabilities Bill, 2014 was introduced into the Parliament on 7 February 2014 and passed by the Lok Sabha on 14 December 2016. The Bill was passed by the Rajya Sabha on 16 December 2016 and received the President's assent on 27 December 2016.[1] The Act become operational on 15 june 2017. The Central Government rules 2017 have been notified under Section 100 of the Act and have come into force with effect from 15 June 2017.[2]

Case law

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Uttar Pradesh cabinet minister was the first one to be booked under this new legislation[3] when disability activist Satendra Singh (doctor) filed case against him on publicly humiliating a disabled employee.[4] The addition of thalassemia as a new disability under this new law allowed a Chhattisgarh girl with this disorder to get medical admission after Supreme Court's intervention.[5]

Guidelines for Indian Government Websites

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Guidelines for Indian Government Websites
Logo of Guidelines for Indian Government Websites

The Guidelines for Indian Government Websites (GIGW) are a set of guidelines developed by the National Informatics Centre (NIC) in collaboration with the Indian Computer Emergency Response Team (CERT-In), Standardisation Testing and Quality Certification (STQC) and Ministry of Electronics and Information Technology.[6] They are based on the Rights of Persons with Disabilities Act 2016, W3C's Web Content Accessibility Guidelines,[7] International Standards including ISO 23026, and the Information Technology Act of India.[8][9]

The GIGW applies to websites and mobile apps. This section contains topics from the Policies on a website to site content type, Design and development, Web Hosting, promotion and administration. It's also got an exclusive Mobile app policy area known as GuDApps.[10] Guidelines are divided into three categories: mandatory, advisory and voluntary (for agencies to adhere to). It also provides an easily accessible checklist/compliance matrix to authenticate compliance with these guidelines.[10]

GIGW History

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The National Informatics Centre laid down the Guidelines for Indian Government Websites (GIGW) in February 2009.[6][11][12] These rules and policies are the framework which encompasses digital asset development, including conceptualization through to governance and management. The department made the GIGW guidelines part of the Central Secretariat Manual of Office Procedure of Administrative Reforms & Public Grievances.[6][11]

The Evolution of GIGW

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The first version of Guidelines for Indian Government Websites (GIGW 1.0) was developed by National Informatics Centre (NIC) under Ministry of Electronics and Information Technology in January, 2009 and included in the Central Secretariat Manual of Office Procedures by Department of Administrative Reforms and Public Grievances (DARPG), Ministry of Personnel, Public Grievances and Pensions, Government of India.

GIGW 2.0, the second version of GIGW, was established in 2019 after consultations with industry, society, and government organizations.[6][9] GIGW 2.0 considered international standards and also introduced guidance on mobile apps. GIGW 3.0 represents the third iteration of these guidelines.[13] GIGW 3.0 was developed in collaboration with the STQC Directorate and CERT-In for a complete approach to website and app quality, accessibility, and security.[9]

Key Features of GIGW 3.0

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Mobile App Accessibility and Usability

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GIGW 3.0 provides a framework for government organizations to improve mobile app accessibility and usability. This includes leveraging public digital infrastructure, such as API integration with various services like social media, DigiLocker, India Portal, open data sharing, single sign-on, Aadhaar-based identity, AI-based language translation, MyGov citizen engagement, and seamless data access across government web solutions.[14]

GIGW 3.0 enables integration with other platforms, such as social media platforms and India Portal, DigiLocker, and Aadhaar-based identity.[10] This integration facilitates the efficient flow of content and data between different online government initiatives.

GIGW 3.0 also adopted Web Content Accessibility Guidelines (WCAG) 2.1. Including these guidelines is necessary for users with cognitive or learning disabilities, low vision, and mobile device disabilities. This adoption also ensures conformity with Level AA of WCAG 2.1, adding 17 new success criteria.[15]

Cybersecurity

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With GIGW 3.0, all the aspects of quality, usability, and security related to government websites, web applications, web portals and mobile apps, along with guidance and advisories, are to be considered while implementing GIGW 3.0.[9] With the incorporation of a chapter on cybersecurity developed by CERT-In, GIGW 3.0 guidelines ensure that each government digital asset is in accord with Standards.[6] Protection against unauthorized access, data breaches, and other security threats are included in this chapter. It covers everything from Design and coding to testing and deployment regarding security concerns, emphasizing preventing phishing, cybercrimes, malfunctioning, and cyberattacks.[13]

User Interface and User Experience (UI/UX) Enhancement

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The third version of GIGW specifies UX/UI guidelines for government websites and mobile applications. To this end, some aspects need to be implemented, such as instantaneous UX with AI-powered page loading and customized analytics according to user journeys and profiles.[16]

Enhanced Structure

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This component provides clear and specific requirements and checkpoints for government organizations and developers to follow. It eliminates ambiguity in understanding what needs to be achieved for compliance.[17]

Quality Focus

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GIGW 3.0 aims to enhance the UI and UX of websites and apps. It includes implementing a user-centric IA. The centralized monitoring dashboard identifies and addresses content issues.[18]

Lifecycle Management

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GIGW 3.0 stipulates policies, processes, and plans to maintain quality, accessibility, and security throughout the website's lifecycle. Government organizations should obtain a "safe to host" certificate from CERT-In/STQC or their auditors to ensure compliance with cybersecurity regulations. Furthermore, GIGW 3.0 highlights the necessity of following guidance and advisories issued by CERT-In for updates.[18]

GuDApps - Government User-centric Design for Apps

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In 2018, the Ministry of Electronics and Information Technology released the "Guidelines for the Development of eGovernance Applications" (GuDApps) by NIC.[15][19]

GuDApps is an integral set of guidelines under the GIGW3.0 program primarily for the User Experience (UX) of Government mobile applications. GuDApps focuses on user-centred design principles and incorporates standard practices for intuitive & accessibility in Mobile App design.

These recommendations are primarily intended to be applied to developers/designers designing application systems within Government. These guidelines encompass different facets of developing an eGovernance solution, such as data quality requirements, user identity verification, electronic forms, document management, report layouts, reporting structures and application frameworks.[15][20]

Both sets of guidelines share a common overarching goal: to ensure applications and websites created for the Indian Government meet the highest quality.[21][19] But these best practices are not applicable simultaneously; they are targeted at different development stages for different use cases.[21]

The concept behind this plan is based on set international practices such as ISO 23026, and Web Content Accessibility Guidelines (WCAG 2.0) of the W3C, which assures that GuDApps meet with global measures in quality and GuDApps were based on the principles behind the Rights of Persons with Disabilities Act 2016 and the Information Technology Act in India, which advocate the inclusion of all citizens (including those with disabilities).[21]

With the incorporation of a chapter on cybersecurity developed by CERT-In, GIGW 3.0 guidelines ensure that each government digital asset is in accord with Standards.[6][18] Protection against unauthorized access, data breaches, and other security threats are included in this chapter. It covers everything from design and coding to testing and deployment regarding security concerns, emphasizing preventing phishing, cybercrimes, malfunctioning, and cyberattacks.[18]

The Implementation and Certification

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Government organizations must assess their digital assets, identify areas for improvement, and create time-bound plans for GIGW 3.0 implementation, using Certified Quality Website (CQW)[22] certification from the Standardisation Testing and Quality Certification (STQC) Directorate as a conformity mark.

References

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  1. ^ "The Rights of Persons with Disabilities Bill, 2014". PRS Legislative research. Retrieved 15 December 2017.
  2. ^ Mandhani, Apoorva (16 June 2017). "All Establishments Should Publish Equal Opportunity Policy: Rights Of Persons With Disabilities Rules, 2017 Notified". Live Law. Retrieved 15 December 2017.
  3. ^ "UP Minister Could Become First to Be Tried Under New Disability Law". The Wire.
  4. ^ "Delhi University doctor stands up for UP government employee's rights". The Times of India.
  5. ^ "Supreme Court helps girl with thalassaemia join medical course". Hindustan Times.
  6. ^ a b c d e f "Introduction | Guidelines for Indian Government Websites (GIGW) | India". Retrieved 26 September 2023.
  7. ^ "Web Accessibility Laws & Policies". W3C WAI. W3C. Retrieved 10 November 2023.
  8. ^ "Website Testing Services in India As Per GIGW guidelines - ITQCR". itqcr.com. Retrieved 26 September 2023.
  9. ^ a b c d National Informatics Center. "Guidelines for Indian government websites" (PDF).
  10. ^ a b c "New features of GIGW 3.0 | Guidelines for Indian Government Websites (GIGW) | India". Retrieved 27 September 2023.
  11. ^ a b Telangana. "GOVERNMENT OF TELANGANA" (PDF).
  12. ^ National Council For Promotion Of Urdu Language. "Guidelines for Indian Government Websites (GIGW)".
  13. ^ a b "Guidelines for Indian Government Websites (GIGW) | India". Retrieved 26 September 2023.
  14. ^ Shaffer, Claire (12 April 2021). "Barenaked Ladies Share Colorful Animated Music Video for 'Flip'". Rolling Stone. Retrieved 30 March 2023.
  15. ^ a b c "About GuDApps | Guidelines for Indian Government Websites (GIGW) | India". Retrieved 26 September 2023.
  16. ^ "'Hacktivist Indonesia' claims to attack 12,000 Indian govt websites: Cybersecurity alert". Business Insider. Retrieved 26 September 2023.
  17. ^ "Guidelines for Indian Government Websites (GIGW) Compliance" (PDF). Department of Telecommunications. Retrieved 27 September 2023.
  18. ^ a b c d "New features of GIGW 3.0 | Guidelines for Indian Government Websites (GIGW) | India". Retrieved 26 September 2023.
  19. ^ a b "Guidelines for Development of eGovernance Applications (GuDApps) | Department of Telecommunications | Ministry of Communication | Government of India". dot.gov.in. Retrieved 26 September 2023.
  20. ^ "Guidelines for Development of eGovernance Applications (GuDApps) Applications (GuDApps)" (PDF). Department of Telecommunications: 2. 9 February 2018. Retrieved 27 September 2023.
  21. ^ a b c "GuDApps Guidelines | Guidelines for Indian Government Websites (GIGW) | India". Retrieved 26 September 2023.
  22. ^ "Website Quality Certification". Standardisation Testing and Quality Certification (STQC). Retrieved 28 September 2023.

Sources

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