RTI, IT Act, IPR & Protective Statutes for Women, Children and Seniors — Practice

Question 1

State the time limit for disposal of an RTI request under Section 7.

Accepted Answer

Thirty days from receipt, or 48 hours where the information concerns the life or liberty of a person.

Question 2

Who is protected by POCSO and what age threshold applies?

Accepted Answer

POCSO, 2012 protects all children below 18 years from sexual offences, irrespective of gender.

Question 3

Explain the appeal procedure under the RTI Act.

Accepted Answer

If a request is refused or not answered, the applicant files a first appeal with a senior officer in the same public authority, within 30 days. If dissatisfied, a second appeal lies with the Central or State Information Commission, within 90 days. The Commission can also inquire into complaints and impose penalties on defaulting officers.

Question 4

Why was Section 66A of the IT Act struck down?

Accepted Answer

Section 66A punished sending offensive or annoying electronic messages. In Shreya Singhal v. Union of India (2015), the Supreme Court held it unconstitutional because its vague terms violated freedom of speech and expression under Article 19(1)(a) and could not be saved as a reasonable restriction under Article 19(2).

Question 5

Distinguish patent, copyright and trademark.

Accepted Answer

A patent protects a new invention for 20 years under the Patents Act, 1970. Copyright protects original literary, artistic, musical works and software for the author's life plus 60 years under the Copyright Act, 1957. A trademark protects a mark, name or logo that identifies goods or services, for 10 years renewable, under the Trade Marks Act, 1999.

Question 6

Describe the reliefs available under the Protection of Women from Domestic Violence Act, 2005.

Accepted Answer

A woman in a domestic relationship can approach a Magistrate, with the help of a Protection Officer, for a protection order, a residence order securing the shared household, monetary relief, custody of children and compensation. The Act covers physical, sexual, verbal and emotional, and economic abuse.

Question 7

Explain the provisions of the Sexual Harassment of Women at Workplace Act, 2013. (~150 words)

Accepted Answer

The Act, which follows the Vishaka guidelines, requires every workplace with ten or more employees to set up an Internal Committee headed by a senior woman, with at least half its members women and one external member from an NGO. A Local Committee at district level covers smaller and informal workplaces. A complaint is normally made within three months, conciliation can be tried at the woman's request, and the inquiry must be completed within 90 days. Employers must provide a safe workplace, awareness programmes and support, and can be penalised for non-compliance. The Act's weaknesses include poor awareness, weak committees and fear of retaliation, so training, transparency and monitoring are essential for it to work.

Question 8

Explain the procedure and importance of the Right to Information Act, 2005. (~150 words)

Accepted Answer

The Act gives every citizen the right to seek information from public authorities. A request goes to the Public Information Officer without reasons, on payment of a fee, and must be answered within 30 days, or 48 hours where life or liberty is involved. Section 8 lists exemptions such as security and personal information without public interest. If refused, the citizen files a first appeal with a senior officer and then a second appeal with the Information Commission, which can also penalise defaulting officers. The Act promotes accountability, curbs corruption and empowers citizens, but faces pending appeals, vacancies in the Commissions and concerns arising from the 2019 amendment on tenure and the 2023 data-protection law on personal information.

Practice — RTI, IT Act, IPR & Protective Statutes for Women, Children and Seniors

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