| Security / Law / Strategic affairs
|
The Whistle Blowers Protection Bill, 2011
|
Commonly known as the Whistleblower's Bill, it seeks to establish a mechanism to register complaints on any allegations of corruption or wilful misuse of power against a public servant. The Bill also provides safeguards against victimisation of the person who makes the complaint. हिंदी के लिए क्लिक करें
Highlights of the Bill
- The Bill seeks to protect whistleblowers, i.e. persons making a public interest disclosure related to an act of corruption, misuse of power, or criminal offence by a public servant.
Key Issues and Analysis
- The Bill aims to balance the need to protect honest officials from undue harassment with protecting persons making a public interest disclosure. It punishes any person making false complaints. However, it does not provide any penalty for victimising a complainant.
- The CVC was designated to receive public interest disclosures since 2004 through a government resolution. There have been only a few hundred complaints every year. The provisions of the Bill are similar to that of the resolution. Therefore, it is unlikely that the number of complaints will differ significantly.
- The power of the CVC is limited to making recommendations. Also it does not have any power to impose penalties. This is in contrast to the powers of the Karnataka Lokayukta and the Delhi Lokayukta.
- The Bill has a limited definition of disclosure and does not define victimisation. Other countries such as US, UK, and Canada define disclosure more widely and define victimisation.
- The Bill differs on many issues with the proposed Bill of the Law Commission and the 2nd Administrative Reform Commission’s report. These include non-admission of anonymous complaints and lack of penalties for officials who victimise whistleblowers.
Read the complete analysis here
|
|
|
| Current Status: Pending |
| Ministry: Personnel, Public Grievances and Pensions |
| Stage | Date |
| Introduction | Aug 26, 2010 |
| Com. Ref. | Sep 16, 2010 |
| Com. Rep. | Jun 09, 2011 |
| Lok Sabha | Dec 27, 2011 |
| Rajya Sabha | |
|
| Speaking without fear, Indian Express, Aug 24, 2012
|
| Widen whistleblowers bill ambit: House panel, Times of India, Jun 10, 2011
|
| House panel wants widest ambit for whistleblower law, Business Standard, Jun 10, 2011
|
| More power for whistleblowers bill?, Hindustan Times, Jun 10, 2011
|
| Bring council of ministers, judiciary under whistle blowers' bill: Parliamentary committee, DNA, Jun 09, 2011
|
| 'Whistle-blowers Bill needs to be strengthened', The Times of India, Oct 13, 2010
|
|
|
