Economic, Social and Cultural Rights in India: Access to Mobile Technology

Economic, Social and Cultural Rights in India: Access to Mobile Technology is a policy research report co-authored by Sunil Abraham and Vidushi Marda, published by the Association for Progressive Communications (APC) in December 2016 as part of its three-year research project Connecting Your Rights: Economic, Social and Cultural Rights (ESCRs) and the Internet, supported by the International Development Research Centre (IDRC).

The study investigates how the Indian intellectual property rights regime and mobile technology ecosystem affect the realisation of key economic, social and cultural rights under the International Covenant on Economic, Social and Cultural Rights (ICESCR). It uses the mobile technology sector as a lens to evaluate access, innovation, and affordability challenges faced by users and small manufacturers.

Publication Details
Abstract
Context and Background
Key Themes or Findings
Full Text
Citation

Publication Details

👤 Authors:: Sunil Abraham and Vidushi Marda
🏛️ Published by:: Association for Progressive Communications (APC)
📅 Date:: December 2016
📘 Type:: Policy Report / Case Study (Part of the project “Connecting Your Rights: ESCRs and the Internet”)
📄 Access:: Download PDF

Abstract

This report analyses how mobile technologies — as tools of connectivity, empowerment, and knowledge — interact with the rights guaranteed under the ICESCR, including the rights to work, education, self-determination, and participation in cultural life. It examines India’s evolving intellectual property landscape and its influence on innovation, access, and affordability in the mobile sector.

Through the case of mobile patents and access to affordable devices, the study demonstrates how intellectual property policy can either enable or restrict access to knowledge and technology, thereby affecting the realisation of economic, social, and cultural rights. It argues for a balanced IP framework that protects both creators and consumers, fosters indigenous innovation, and advances equitable digital access.

Context and Background

The report situates its analysis within India’s broader development agenda — particularly the Digital India, Make in India, and National IPR Policy initiatives — all of which aim to promote technological self-reliance and innovation. At the same time, the authors highlight how restrictive patent practices, high royalty costs, and litigation by global incumbents limit the production of affordable smartphones and tablets for India’s low-income consumers.

The study draws attention to India’s role as both a producer and consumer in the global IP ecosystem. It shows that excessive patent enforcement, combined with uncertainty around standard essential patents (SEPs), can lead to “patent stacking” — a situation in which manufacturers must pay multiple royalties, inflating costs and stifling innovation at the lower end of the market.

Produced under the Connecting Your Rights project, the report connects technology policy with the human rights obligations of states, calling for proactive government intervention to ensure that access to mobile technology contributes meaningfully to social and cultural development.

Key Themes or Findings

Linking Technology and Rights: Mobile technology directly supports several ICESCR rights — including the right to self-determination, work, education, and participation in cultural life.
Barriers in Intellectual Property Regimes: Royalty stacking and restrictive licensing hinder low-cost manufacturing. The authors identify the need for a patent pool to support affordable device innovation.
Civil Society Advocacy: Organisations like CIS, DEF, and Telecentre.org play key roles in advocating for balanced IP laws and open technology policies that enhance access.
Software Patents and Public Interest: India’s stance against pure software patents (under Section 3(k) of the Patents Act) is essential to protect open innovation and prevent monopolisation by foreign corporations.
Policy Nodes for Engagement: The report identifies Digital India, Make in India, and pending cases before the Competition Commission of India as key spaces for advocacy.
Recommendations: Calls for government-mediated patent pools, fair licensing under FRAND terms, open-source collaboration, and robust competition policy to enable indigenous innovation.

Overall, the report argues that equitable access to mobile technologies is integral to the fulfilment of economic, social, and cultural rights in India, and that IP law must evolve to reflect human rights obligations rather than only commercial interests.

Full Text

📄 Download Full Report (PDF)

Citation

If you wish to reference or cite this publication, you may use one of the following formats.

APA

Abraham, S., & Marda, V. (2016). 
Economic, Social and Cultural Rights in India: Access to Mobile Technology. 
Association for Progressive Communications (APC). 
https://sunilabraham.in/publications/economic-social-cultural-rights-india/

BibTeX

@report{abraham2016escr,
  author = {Abraham, Sunil and Marda, Vidushi},
  title = {Economic, Social and Cultural Rights in India: Access to Mobile Technology},
  institution = {Association for Progressive Communications (APC)},
  year = {2016},
  url = {https://sunilabraham.in/publications/economic-social-cultural-rights-india/}
}

MLA

Abraham, Sunil, and Vidushi Marda. 
"Economic, Social and Cultural Rights in India: Access to Mobile Technology." 
Association for Progressive Communications (APC), 2016. 
https://sunilabraham.in/publications/economic-social-cultural-rights-india/