In Indian history, some individuals have distinguished themselves through acts of profound courage and self-sacrifice. Satyendra Dubey, Shanmughan Manjunath, and Satish Shetty are three whistleblowers who were killed for exposing corruption, but their legacy lives on. Their sacrifices apparently fueled the creation of the Whistle Blowers Protection Act, a vital piece of legislation designed to safeguard those who speak out against wrongdoing.
“The government introduced the WhistleBlowers Protection (Amendment) Bill, 2015 in the Lok Sabha on 11th May, 2015 which was passed by the Lok Sabha on 13th May, 2015 and transmitted to the Rajya Sabha. The Bill has since lapsed upon the dissolution of the Sixteenth Lok Sabha.”
Since 2014, in India, The Whistle Blowers Protection Bill is waiting for official and legislative approvals. It is a vital protection act that bestows a common man the power to expose red-tapism and corruption. Under this act one can report allegations of corruption, misuse of power, or other wrongdoings by the public servants without fear or inhibitions.
The Central Vigilance Commission (CVC) is the designated agency to receive whistleblower complaints about corruption or misuse of office by central government, or of any corporation established by or under any central Act, government companies, societies or local authorities owned and controlled by the central government as per the 2004 PIDPI Resolution.
In the present global context the tone for whistleblowing is gaining traction. Many countries and organisations are enacting new laws and guidelines, both to encourage whistleblowing and to protect whistleblowers from potential threats.
Traditionally, whistleblowing is considered as a system to combat corruption and misuse of power by public servants. However, the concept of whistleblowing is evolving into new forms and formats. Today, whistleblowing is seen as an incredible governance policy for climate action.
From reporting pollution to corporate malpractices that harm the environment, the reach of whistleblowing is going well and beyond. For instance, the polluted Litani river in Lebanon is undergoing a river clean-up operation due to worldwide whistleblowers.
In short, whistleblowers can stand strong against environmental degradation, and raise constructive questions to those who are in power for delaying climate justice. When a person’s patriotism turns into a question against wrong practices, whether it is government, private or public entities, the risks faced by the whistleblowers are also imminent.
Instead of upholding and rewarding their righteousness and bravery, entities are in a trap of sidelining or threatening practices in place. According to a study, whistleblower protection has been enacted in 59 countries. Yet, their not fully enforced and often whistleblower has to face retaliation in many ways.
From lost opportunities at the workplace, job termination, to enduring harassment and threats to oneself and family. Moreover, the purview of whistleblower protection law is limited in certain countries. In Japan and South Korea, both public and private employees are protected. Whereas, in India, the law is entitled to protect government employees only.
Diving deep, we can find that the definition of private and public employees is different from country to country. This again impacts the scope of Whistle Blowers Protection Act. Apart from protection and scope, anonymity, financial awards and an independent reporting channel are other factors that define the strength of the law.
In the year 2014, India’s Whistle Blowers Protection Act was introduced and the policy has flaws at different levels. From compromised whistleblower’s privacy to failed implementation and execution. An amendment of the Whistle Blowers Protection Act, 2014 was on its way. Yet, it is still pending in the Rajya Sabha.
In the disguise of ‘national security and sovereignty and integrity of India’ exemption for 10 categories, discrepancies in appointing competent authority , etc still features in the amendment bill. Indeed it will paralyse the policy and make it almost ineffective. To some extent, national interests are concerned as far as bills are concerned.
However, the Whistle Blowers Protection Act and the RTI Act are two strong pillars of a democratic country. While RTI Act seeks information held by public authorities, Whistle Blowers Protection Act will find any corruption or misconduct and report it. A holistic and dynamic approach towards it ensures its full capability for a prosperous nation and its people.
Whistleblowers who expose corruption and wrongdoing are holding institutions accountable for how they use taxpayer money. Their bravery in proactively seeking solutions, rather than simply reacting to the consequences, helps safeguard the nation’s well-being.
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Source
- https://www.pib.gov.in/PressReleasePage.aspx?PRID=2083815
- https://cvc.gov.in/pidpi.html
- https://prsindia.org/billtrack/prs-products/prs-legislative-brief-2452#:~:text=The%20Whistleblower%20Protection%20Act%2C%202014,%2C%20an%20investigation%20process%2C%20etc.
- https://www.worldwildlife.org/pages/tnrc-topic-brief-whistleblower-protection-an-essential-tool-for-addressing-corruption-that-threatens-the-world-s-forests-fisheries-and-wildlife#:~:text=One%20promising%20anti-corruption%20strategy,laws%20to%20be%20used%20effectively.
- https://balkangreenenergynews.com/whistleblowers-are-crucial-for-response-to-climate-change-pollution/#:~:text=Moreover%2C%20whistleblowers%20have%20a%20crucial%20role%20in,manufacturing%20plant%2C%20for%20instance%2C%20Protect%20pointed%20out.&text=By%20exposing%20environmental%20wrongdoing%2C%20they%20can%20also,and%20there%20is%20appropriate%20intervention%20where%20required.%E2%80%9D
- https://www.whistleblowers.org/whistleblower-laws-around-the-world/
- https://www.worldwildlife.org/pages/tnrc-topic-brief-whistleblower-protection-an-essential-tool-for-addressing-corruption-that-threatens-the-world-s-forests-fisheries-and-wildlife#:~:text=One%20promising%20anti-corruption%20strategy,laws%20to%20be%20used%20effectively.
- https://www.pib.gov.in/Pressreleaseshare.aspx?PRID=1541243
- https://prsindia.org/billtrack/prs-products/prs-legislative-brief-2452
- https://economictimes.indiatimes.com/news/politics-and-nation/ten-exemptions-by-modi-government-in-amended-whistleblowers-protection-bill/articleshow/48352274.cms?from=mdr
