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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
Summery