Document Fragment View

Matching Fragments

          The genesis of Whistle Blowers Protection Act lies in the fact that in the year 2003, from what can I remember, that Mr. Satyendra Dubey was brutally killed because he exposed some corruption which took place in the National Highways Authority of India. He was an eminent engineer and he was brutally killed for exposing corruption. Thereafter, Mr. Manjunath also exposed corruption in regard to a petrol pump which was selling adulterated fuel, and a film was also made on this incident titled, ‘Manjunath’. It has been reported that a number of whistleblowers have been killed. Since April this year three whistleblowers have been brutally killed because they have not been provided with the requisite security cover due to the absence of legislation. So, the legislation for protecting the whistleblower is the need of the hour.
          Therefore, I would like to give a few suggestions. First of all, there should be dissemination of Information about the meaning and concept of Whistleblowers Protection Act.
          The Whistleblowers Protection Act, 2011 should be amended so as to include protection to private enterprises. A model whistleblowers policy could be framed by a special committee constituted under the Whistleblower Protection Rules.
          The Whistleblowers Protection Act, 2011 should be amended so as to include the giving of incentives to Whistleblowers whose disclosures are proved to be correct after the hearing and have substance.

          There can be no two opinions on the need to commend or even reward whistleblowers who expose scams in public offices. They are essential elements to any vibrant democracy. This Government would be the last I would say to protect the persons who are indulging in corruption.  But here I would say before we talk of commending or rewarding them let us at least ensure their physical safety.

          Who is a whistleblower and why is there a need to protect a whistleblower? Why does he need protection and from whom? That is the basic question. It is usually an employee who has been in a position to uncover a financial or any other form of corruption or crime which entitles the employee for specific protection under the law arising out of various issues and organisational violations in the workplace such as misuse of funds. Whistleblower protection in our country has been abysmally poor. Basically such a legislation is required to protect any person whether an employee or otherwise who seeks to expose any form of corruption, fraud or other violations in the workplace.

          I am of the opinion that the existing laws in India are inadequate, outdated, and require to be overhauled.  Therefore, I would request the Government to please go into the essence of this Bill and also take measures to see that the whistleblowers are protected; and wherever corruption takes place that also comes to light. That is where the whistleblowers protection gains importance.

          Many countries have enacted laws for whistleblowers’ protection, as has been said just now. The Parliament of the Republic of Malta, on July 16, 2013, provided for identity change of the whistleblowers in exceptional cases. In the United States, whistleblowers’ protection is offered through constitutional provisions as well as through other statutes. In the United Kingdom, two key pieces of legislation for whistleblowers’ protection are the Public Interest Disclosure Act, 1998 and the Employment Rights Act, 1996. The UK whistleblowers law providing protection to employees reporting on their employers underwent a change due to the June, 2013 Amendment.