Taking Steps Like 'Screen Readers' To Make Website Disabled Friendly: Trademark Controller General's Office To Karnataka High Court

The Office of the Controller General of Patents, Designs and Trademarks told the Karnataka High Court recently that it is taking steps to ensure that its websites are made accessible to Persons with Disabilities (PwD), in line with prevailing Guidelines issued by the Union of India.

Taking note of the submission, the high court disposed of a plea seeking that websites of the patent, designs and trademarks authority is made accessible to persons with disabilities. 

A single judge bench of Justice M G S Kamal in its September 17 order said “The 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 of, in terms of the affidavit.”

In an affidavit filed by the Deputy Controller of Patents and Designs Dr. V. Parimalavarsini, states that the Controller General's office has issued its own 'Guidelines For Accessibility and Reasonable Accommodation for Persons with Disabilities'.

The affidavit stated that the authority will provide OCR (Optical Character Recognition) readable documents on request made by Persons with Disability. Further, "audio captcha" has been provided in Websites owned by the Office of the Controller General and virtual hearing is being conducted on Webex platform which is accessible with "screen readers".

For context, OCR is a process by which image of a text can be converted into machine readable text format. Audio Captcha is a CAPTCHA (Completely Automated Public Turing Test To Tell Computers and Humans Apart) containing an audio recording of letters and characters which a user can enter. Screen readers are a form of assistive technology facilitating visually disabled persons to read a computer screen. 

The affidavit also stated that it will treat the request for adjournment favourably, as far as possible, when made by Persons with Disability on account of accessibility issues.

It further stated that the Office 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, the affidavit adds. 

The order was passed in a writ petition moved by the petitioner–Dr Kalyan C Kankanala seeking a direction to 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 set out in website compliance matrix appended to the guidelines for government websites (2.0), 2019 edition and to obtain necessary certification in this regard from the R-5 (Standardisation Testing Quality Certification Directorate). 

Case Title: Dr Kalyan C Kankanala AND Union of India & Others

Counsel for Petitioner: Advocate Aswin Prabhu S D 

Counsel for Respondents: Advocate Vidya Pail for Advocate Nayana Tara B G 

Citation No: 2024 LiveLaw (Kar) 411

Case No: WRIT PETITION NO.21978 OF 2021

Click Here To Read/Download Order