Legal awareness

Legal Awareness

Introduction

Legal awareness is the promotion of the public’s knowledge of their rights and obligations according to the Constitution, enacted laws.Legal awareness lies at the base of any effort toward legal empowerment.

Need of Legal awareness

To empowers people to demand justice

To prevent illegal activities

INFORMATION TECHNOLOGY ACT, 2000

is an Act of the Indian Parliament notified on

October 17, 2000.

Information technology Act 2000 consisted of

94 sections segregated into 13 chapters.

The Act extends to the whole of India and

except as otherwise provided.

Deals with

Legal Recognition of Electronic Documents

Legal Recognition of Digital Signatures

Offenses and Contraventions

Justice Dispensation Systems for cyber

crimes

Not applicable to

negotiable instrument other than a cheque. a trust any contract for the sale or conveyance of

immovable property any such class of documents or transactions

as may be notified by the Central Government

After amendments in 2008 it named as Information Technology Amendment Act 2008.Some of the notable features of the ITAA Focussing on data privacy Focussing on Information Security Making digital signature technology neutral Inclusion of some additional cyber crimes like

cyber terrorism

Cyber Law

cyber crime is unlawful acts wherein the computer is either a tool or a target or both.Some Activities under cyber crime: Hacking Cyber Terrorism Credit card frauds Email spoofing Sending malicious codes through email

Cases against cyber crime

Delhi student arrested for creating fake FB profile of Commissioner. (The Indian Express)

EIILM University VC, Chairman, Registrar arrested for forgery, criminal conspiracy.

(indiaeducationreview.com) Engineering student arrested for cyber

harassment (NDTV)

CONSUMER PROTECTION ACT, 198610

Enacted to provide for the better protection of the interest of consumer.

Act applies to whole of India except Jammu and Kashmir.

Chapter I, II and IV came into force on 15.4.1987. Chapter III came into force on 1.7.1987

The act was amended in 2002 and the amendments came into force w.e.f. 15th March 2003.

SALIENT FEATURES OF THE ACT11

The Act aims to provide better and all-round protection to consumers

Geographically applicable to whole India except Jammu & Kashmir.

It applies to all goods and services.

It provides effective safeguards to the consumers against different types of exploitation such as defective goods, unsatisfactory services.

WHAT IS A COMPLAINT?12

“Complaint” means any allegation in writing made by a complainant that :An unfair trade practice or a restrictive trade

practice has been adopted by any trader or service provider.

The goods bought by consumer or agreed to be bought by him suffer from one or more defects.

The services hired or agreed to be hired by him suffer from deficiency in any respect.

A trader has charged for the goods mentioned in the complaint a price in excess of the price-

WHAT IS A COMPLAINT? Contd….

13

i. fixed by or under any law for the time being in force;

ii. displayed on the goods or any package containing such goods;

iii. displayed on the price list exhibited by trader;

iv. agreed between the parties.

WHO IS A CONSUMER ?14

Any person who buys goods or avails services for consideration

Consideration may be fully paid, partially paid or fully promised to be paid or partially promised to be paid

But does not include a person who obtains such goods for resale or for any commercial purpose.

CONSUMER RIGHTS15

Eight rightsRight to basic needs

Food, clothing, shelter, health care, education, water and sanitation

Right to safetyRight to informationRight to choiceRight to be heardRight to redressRight to educationRight to healthy environment

WHAT IS A DEFECT ?16

FaultImperfection Shortcoming

In theQuality Quantity Potency Purity Standards

WHAT IS A DEFICIENCY ?

FaultImperfection Shortcoming Inadequacy

In theQuality StandardManner of performance

CASES AGAINST CONSUMER ACT18

Consumer court fines cola firm (Apr 30, 2013), TOIAHMEDABAD: A consumer court in the city has fined

Pepsico Holding India Pvt Ltd with Rs 20,000 after its soft drink was found contaminated.

The multi-national giant has been asked to deposit the amount with the State Consumer Welfare Fund.

consumer court concluded that it was unfair trade practice and deficiency in service

It asked the company to deposit Rs 20,000 with the state fund as penalty and Rs 3,000 to the complainant towards mental harassment.

RIGHT TO INFORMATION ACT, 200519

Passed by parliament of India on 15th June 2005 and came fully into force on 12th Oct. 2005.

The Act applies to all States and Union Territories of India except the State of Jammu and Kashmir.

 Information disclosure in India was restricted by the Official Secrets Act 1923 and various other special laws, which the new RTI Act relaxes.

Under the Ministry of Personnel, Public Grievances & Pensions

NEED OF RTI ACT20

Information is a key to

Democratic process and good governance.

Poverty eradication and human development.

Realization of human rights.

OBJECTIVE OF THE RTI ACT21

Empower the citizens, promote transparency and accountability in the working of the Government, make our democracy work for the people in real sense.

Making the citizens informed about the activities of the Government.

Minimize corruption and inefficiency in public offices.

CASES AGAINST RTI ACT22

COALGATE SCAM MISSING FILES WITH CBI:TOI

In a Right to Information (RTI) Act reply early this year, the coal ministry had said that the files relating to all coal block allocations from 1994-2012 were with the Central Bureau of Investigation (CBI).

The ministry's reply to the RTI query filed by NGO Greenpeace in February is important as the government has been saying that some of the files before 2004 went missing.

Copyright Act

Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings.

Need of copyright Act

Economic rights of the author/ artist, and

Moral Rights of the author/ artist

Promote creativity.

Scope of protection in the Copyright Act

The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses.

You can not store, reproduce, distribute, translate any copyrighted work by any means.

Fair deal / Fair use

for the purpose of research or private study,

for criticism or review,

for reporting current events,

in connection with judicial proceeding,

performance by an amateur club or society if the performance is given to a non-paying audience, and

the making of sound recordings of literary, dramatic or musical works under certain conditions.

Legal awareness programs in india

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