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LATEST NEWS UPDATES | Whistleblowers to get more protection by Mahendra Kumar Singh

Whistleblowers to get more protection by Mahendra Kumar Singh

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published Published on Aug 5, 2010   modified Modified on Aug 5, 2010


After a long wait, a legislation aimed at protecting whistleblowers will be taken up by the Cabinet on Thursday. The bill has provisions to prevent victimization or disciplinary action against those who expose corruption in government.

The proposed law is expected to encourage disclosure of information in public interest and will cover central, state and public sector employees. According to the bill, if a person making a disclosure is victimized and his or her identity is revealed, the whistleblower’s superiors will be held liable.

There are clauses providing for a fine and other penalties if a whistleblower is found to be “punished” for exposing wrongdoing. At the same time, there are penalties for frivolous or malicious complaints.

Sources said the legislation makes Central Vigilance Commission (CVC) the nodal authority to which complaints against any state, central government or public sector employee would be delivered. CVC will have powers to ensure all steps are taken to protect the whistleblower. The CVC will also have powers to punish those making frivolous complaints in accordance with the bill’s provisions.

Once the Cabinet approves the draft, government intends to introduce it in the current session of Parliament. The law was conceived in the wake of the brutal killing of NHAI engineer Satyendra Dubey, who complained against corruption in the Golden Quadrilateral project, and was supported by the Law Commission in its 2002 report. The SC also asked the government to come out with proper legislation to protect whistleblowers.

The matter had been in limbo as the government wrestled with the problem of resolving the contradiction of a whistleblower’s law with the provisions of the Official Secrets Act which enjoins government employees not to part with information revealed to them in their official capacity.


The Times of India, 5 August, 2010, http://timesofindia.indiatimes.com/india/Whistleblowers-to-get-more-protection/articleshow/6258717.cms


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