Daily Updates

Recently, the accusations raised against the Infosys Chief Executive Officer (CEO) and other senior officials have brought back the focus on whistleblowers’ safety in India.

• In recent years, the number of whistleblowing complaints has risen in the corporate sector, with Wipro and State Bank of India (SBI) facing most of them in 2018.

Background

• Whistleblowing is defined as an act of disclosing information by an employee or any concerned stakeholder about an illegal or unethical conduct within an organization.
  
  • A whistleblower is a person who informs about a person or organization engaged in such illicit activity.
  • The government, in response, notified a resolution in 2004 named, ‘Public Interest Disclosure and Protection of Informers Resolution (PIDPIR)’.
  • This resolution gave the Central Vigilance Commission (CVC) the power to act on complaints from whistleblowers.
  • The UN Convention against Corruption to which India is a signatory (although not ratified) since 2005, encourages states to facilitate reporting of corruption by public officials and provide protection for witnesses and experts against retaliation.
  • The Convention also provides safeguards against victimization of the person making the complaint.

  Key Highlights of Whistleblower Protection Act, 2014

  • The act establishes a mechanism to receive complaints related to disclosure of allegations of corruption or wilful misuse of power or discretion, against any public servant, and to inquire or cause an inquiry into such disclosure.
    
    • The act also provides adequate safeguards against victimization of the person making such complaints.
    • The maximum time period for making a complaint is seven years.
    • If the disclosure is done mala-fidely and knowingly that it was incorrect or false or misleading, the person will be punishable with imprisonment for a term extending up to 2 years and a fine extending up to Rs. 30,000.
    • In 2015, an amendment bill was moved that proposes, whistleblowers must not be allowed to reveal any documents classified under the Official Secrets Act of 1923 even if the purpose is to disclose acts of corruption, misuse of power or criminal activities. This dilutes the very existence of the 2014 Act.

    Way Forward

    • Suitable legislation must be enacted to provide protection to innocent whistleblowers and the dilution of the act that is proposed by the 2015 Amendment Bill must be abandoned.
    • Strengthening of the whistleblower protection mechanism will help in ensuring that the integrity of democracy is protected, cherished and upheld.