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Overview of WhistleBlower Protection law in India
The Whistle Blowers Protection Act, 2014 was legislated with an intention of providing a legal framework to investigate alleged corruption and misuse of power by public servants and to provide protection to persons who charge any wrongdoings against the accused officials. The act established 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. It has provided provisions to safeguard the complainant reporting such grievances. It allows any person, including a public servant, to make a public interest disclosure before a competent authority. The law has elaborately defined various competent authorities.
For example, the competent authority to complaint against any union minister is the Prime Minister.
analysis of judicial pronouncements
Some of the landmark judgements in India which has illustrated the real-world impact of the existing law on whistleblower are:
Vyapam Scam Whistleblower: The scam centred around Madhya Pradesh Professional Examination Board (“MPPEB”), which involved collusion among exam candidates, government officials, and middlemen who helped underserving candidates to secure high marks and government jobs. In 2013, the corruption was exposed by three whistleblowers, which lead to the arrest of 20 people from different city hotels.
Satyam Computer Services Scandal: The company’s founder and chairman confessed that his actions resulted in the inflation of the company’s profits and fabricating financial statements. The whistleblower in this case was an internal auditor who sent anonymous letter to the Securities and Exchange Board of India (“SEBI”) detailing the financial irregularities. As the result, investigations were launched, and the chairman was arrested.
In these cases, whistleblowers have played a crucial role in exposing corporate as well as government institution’s wrongdoing. However, the challenges sustain, including the need for stronger legal provisions and efficient enforcement mechanisms to safeguard whistleblowers and hold wrongdoers accountable for their actions.
The shortcomings of the Whistleblower Protection Act in India subsist to the following aspects :
Inadequate Legal Safeguards: While the Whistleblower Protection Act exists, it did not provide sufficient safeguards to protect these whistleblowers from receiving threats and retaliation.
Lack of Convictions: Despite arrests, most of the accused individuals died as in the Vyapam scam’s case, 30 accused officers died suspiciously and the whistleblowers faced life threats and required security.
challenges faced by whistleblowers
The whistleblowers are the individuals who expose the illegal, unethical, or fraudulent activities within organisations and often encounter significant challenges. These challenges include:
- The risk of retaliation from their employers, including harassment, demotion, and even job loss. Despite legal protections, employers may adamantly seek for revenge for their complaint.
- As the misdeeds of superior officers is revealed, whistleblowers may face backlash from colleagues and superiors. The fear of isolation, anxiety, depression and negative performance reviews can cause immense emotional distress to them, legal consequences, lack of support and impact on employment.
- Whistleblowers must navigate legal complexities. False allegations or breaches of confidentiality agreements can lead to their legal repercussions.
- They often lack support from family, friends, and colleagues during their experience of threats and retaliation.
- Whistleblowing can negatively affect employability due to the tarnished reputations and industry blacklisting.
Comparative analysis and recommendations
India’s Whistleblower Protection Act, 2014 provides a mechanism to investigate alleged corruption and misuse of power by public servants where as the United State’s Whistleblower Protection Enhancement Act strengthens protections for federal employees who report wrongdoing. It includes provisions for confidentiality, non-retaliation and access to independent channels for reporting. India could adapt the US model of Whistleblower Protection to enhance confidentiality provisions and protect the whistleblowers from disclosing their names and establish independent channels for reporting.
Similarly, UK has a comprehensive legal framework that covers both public and private sectors. The Public Interest Disclosure Act (“PIDA”) protects whistleblowers from retaliation and provides legal remedies. Taking similar approach as that of UK, India could expand its scope to include private companies and corporate sectors in its Whistleblower Protection Act and strengthen legal remedies.
The whistleblower protection in India requires legislative reforms to strengthen and widen the scope of the act by including the corporate and commercial sectors within its jurisdiction. It also requires to define clear procedures of reporting, investigation and protection. There is a need to establish an independent body to oversee implementation and enforcement compliance.
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