Whistle Blower and Protection Act 2011 - FINDYOURADVOCATE

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WHISTLE BLOWER AND THEIR PROTECTION




INTRODUCTION: - It is a right of every individual who raised their voice against the corruption OR misuse of power to get protection. The word ‘whistleblower’ emphasized much in the bill of ‘The Whistle Blower Protection Act 2011. Which was passed by Lok Sabha on 27 December 2011 and by Rajya Sabha on 21 February 2014.the bill received the assent of the president (Pranab Mukherjee) on 9th May 2014.
Basically, many people are seeing an unlawful act or corruption at public or private both the sector but they are afraid to raise their voice, due to threat directly or indirectly from their employers or due to fear of job or life loosened .so whistleblower act provide the protection to the person who blows the whistle at both public and private sectors.

MEANING : - The person who blow the whistle against the corruption, or misuse of power and any illegal activity. The same can both internal and external whistleblower [1].
Internal Whistleblower: -  A person who works under the official either in the public and private sector raised a voice against an illegal act.
External Whistleblower: - The person who seeing corruption or misuse of power or any illegal performance inside any roof from outside, and raised his/her voice against them, they said person called as an external whistleblower.
There was a multiple of harassment to the whistleblower which caused even murder.


CASE LAW : - *In November 2003, SATYENDRE DUBEY, a whistleblower and National Highways Authority of India(NHAI) who is engineer revelled a corruption in the construction on the highway , Which caused his death. As a result Supreme Court in April 2004 pressed the government into issuing an office order, the public interest disclosure and protection of Informers Resolution, 2004 designating CVC as the nodal agency [2].

*Another case of LALIT MEHTA was an Indian RTI activist, who was murdered due to blew the laid-off widespread corruption in NREGS in Palamu.


International Concept of Whistle Blower: - At the international level this concept varies from country to country. It totally depends on the country that how they make it and how much restriction put by them on it. At one side there are many countries that provided total freedom to every individual who exposed corruption and any illegal act as being a whistleblower. On the contrary, there are many numbers of countries who gave limited protection to the exposure as well as limited freedom to expose any illegal act.

AUSTRALIA: - There is law in a number of states. The former NSW Police Commissioner Tony Lauer summed up official government and police attitude as: “Nobody in Australia much likes whistleblowers, particularly in an organisation like the police or the Government [3].

EUROPEAN UNION: - The European parliament made a Directive related to the whistleblower. [4]“Which is Whistle Blower Protection Directive“ containing broad free speech protective for whistleblowers in both public and private sectors even it include Journalists, in all member states of the European Union
.
IRELAND: - They also adopted a law for whistleblower which get the assent in 2004. This was The Protected Disclosure Act. This provided protection to every individual who raised their voice against an illegal act. [5] It also includes Contractors, trainees, agency staff, former employees and job seeker.

Apart from these countries, there are many countries who adopted it
 
in recent years. [6]Like GHANA, SOUTH KOREA and UGANDA.


ACT IN INDIA : - India is a one of the biggest democratic countries in the world. In which there are the few brave peoples who raised their voice against corruption and there will many so. On keeping the protection of these people in mind, in 2011 our parliament brought the “The Whistleblower Protection Bill” to reduce the corruption and misuse of power. This bill passed on 27 December 2011 by Loksabha and on 21 February 2014 by Rajyasabha. Finally, this Bill become law by getting the assent of the president on 9th May 2014 as The Whistleblower Protection Act, 2014.

*Note down
Misuse of a whistleblower: - With the expansion of time more and more cases are lodged in the bar of court related to harassing the government officials by using the power under whistleblower.
Penalty: - keeping the view of the misuse of the protection of whistleblower, the Act provided a penalty for those who will makes any disclosure which is false or mala fide in nature, that person shall be punished with on imprisonment of two years and also to fine which may extend up to thirty thousand rupees - section 17.*

Highlights of The Whistleblower Protection (Amendment) Bill, 2015 – Before this bill introduced in parliament, there was total freedom to the whistleblower to disclose any things related to any an illegal Act. Now after this bill it put various restrictions on the scope of the whistleblower. [7] In previous Act there was no procedure for inquiring public interest matters but now the bill proposes to inquire into cases related to corruption, misuse of power or criminal offences by a public servant.
This bill of 2015 prohibits certain discolouring thins such as: -
Ø  It prohibits the disclosing if the subject matter relates to the economic growth of India.
Ø  Scientific interest related to discover of a new principle.
Ø  Security of India.
Ø  Information related to cabinet proceedings
Ø  It also prohibits the disclosure if any subject matter is related to the Official Secrets Act.



Conclusion : - Now it may be concluded that our country is providing protection to the whistleblower by making laws. But at the same time, it put various restrictions, on the whistleblower. We can raise our voice against corruption, any illegal performances and misuse of power in both the public and private sector but in a limited sense.

*Now it’s my question that recently India made a Lokpal a committee under Narendra Modi government for checking corruption, so can they take the responsibilities of the whistleblower? that raised their voice against the government as the Australia Commonwealth Ombudsman and NSW Ombudsman took always the responsibilities of the whistleblower.


[1]: -https: // www.youtube.com/watch ? v = jmmuonpfwhE.
[2]: -https: // en. Wiki.org / wiki/whistleblowers – protection –Act – 2011
[3], [4], [5], [6]: - https: // en.Wikipedia.Org. / Wiki / whistleblower.
[7]: - https: // www.lawfarm . in/ blogs/ whistleblowers-protection-in-India.

Location: Delhi, India

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