Thursday, August 26, 2010

Legislation for Whistleblowers


The Government is aware that many people are reluctant of becoming whistleblowers as they are susceptible to threats, harassment, victimization or even killed. The Government is ready with the Public Interest Disclosure and Protection to Persons Making the Disclosures Bill, 2010 for introduction in the Parliament. The Bill inter alia provides -

(i) For bringing within the scope of the Bill, public servants being the employees of the Central Government or the State Government or any corporation established by or under any Central Act or any State Act, Government Companies, Societies or local authorities owned or controlled by the Central Government or the State Government and such other categories of employees as may be notified by the Central Government or, as the case may be, the State Government, from time to time, in the Official Gazette;

(ii) Adequate protection to the persons reporting corruption or willful misuse of power or willful misuse of discretion which causes demonstrable loss to the Government or commission of a criminal offence by a public servant;

(iii) A regular mechanism to encourage such person to disclose the information on corruption or willful misuse of power or willful misuse of discretion by public servants or commission of a criminal offence;

(iv) The procedure to inquire or cause to inquire into such disclosure and to provide adequate safeguards against victimization of the whistle-blower, that is the person making such disclosure;

(v) Safeguards against victimization of the person reporting matters regarding corruption by a public servant;

(vi) Punishment for revealing the identity of a complainant, negligently or malafidely; and

(vii) Punishment for false or frivolous complaints.

This information was given by the Minister of State in the Ministry of Personnel, Public Grievances & Pensions, Shri Prithviraj Chavan in written reply to a question in Lok Sabha today.

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