Context:

• With the rise in whistleblower complaints in India, the need for a robust legal regime for the protection of whistleblowers has gained importance.
• In this context, it is important to do an in-depth examination of the current system of whistleblowing in India.

Whistleblowing

• Whistleblowing is an act whereby an individual discloses any unethical, illegal, or unauthorized act of an individual or group to the public at large.
• According to the Companies Act, 2013, whistleblowing is an action aimed at drawing the attention of stakeholders to instances of unethical practices in an organization.
• Whistleblowers are the best source of information on malpractices in any organization — public or private.
• The RTI Act, 2005 has come to be seen as the ‘twin sister’ of whistleblowing.
• The Act has been used effectively to expose off illegal activities. Much of the information that comes out through this is related to development projects, illegal mining, land acquisitions, welfare schemes, money laundering, etc.

Important Reports

• The need for protection for whistle-blowers was fi rst highlighted in the Report of the Law Commission of India in 2001. The Committee even drafted a bill to address the issue.
• The Hota Committee (Committee on Civil Service Reforms) 2004 considered protecting civil servants who report confi dential information of misuse of power and authority. However, it did not make any recommendations.
• Then, in response to the petition of Satyendra Dubey, the government in 2004 came up with a resolution titled ‘Public Interest Disclosure and Protection of Informers Resolution (PIDPIR)’ which gave the Central Vigilance Commission (CVC) the authority to act on complaints from whistleblowers
• Further, the report of the Second Administrative Reforms Commission in 2007 also expressed the need to settle a law for protecting whistle-blowers.
• The Whistle-blowers Protection Act came into being in 2014 but since then it has not been enforced yet.

Corruption Perception Index (CPI)

• Transparency International, an organization based in Berlin, shows corruption trends among nations released its Corruption Perception Index (CPI), 2020, and reports that India has slipped six places to 86th position among 180 countries.

International Practices/ Principles

• Many nations have passed legislation to ensure the protection of public sector and private sector employees. Some countries like Canada, the USA, UK have a ‘one-stop shop’ approach to receive, manage, and investigate all whistleblowing matters. ‘
• Canada: Canada has set up an Offi ce of Public Sector Integrity Commissioner to receive reports and investigate the matters maintaining the confidentiality of the whistle-blower.  United Kingdom: Similarly, UK has the Offi ce of the Civil Service Commissioners to promote honesty, integrity, and impartiality through public sector disclosures.
• United States: US do so through the Offi ce of Special Counsel (OSC) and Merit System Protection Board (MSPB) to adjudicate decisions.
• India has been a signatory to the UN Convention Against Corruption since 2005 which provides adequate safeguards and protection to the person making complaints and facilitates reporting against corrupt public offi cials.
• The OECD 2010 Good practice Guidance on Internal Controls, Ethics, and Compliance also recommends companies ensure the protection of whistle-blowers both internally and externally.

Whistleblowers Protection Act, 2014.

• Any person, including a public servant or NGO, may make a public interest disclosure before a Competent Authority .
  • This would apply, irrespective of the provisions of the Offi cial Secrets Act, 1923.
• Upon receiving a disclosure, the Competent Authority is required to:
  • Ascertain the identity of the complainant, and
  • Conceal the identity of the complainant, unless the complainant has himself revealed his identity.
• No person is required to answer any question, produce any document or render any assistance in any inquiry under the Act under certain circumstances.

Anti-corruption champion

• In the latest development, Indian social activist Anjali Bhardwaj, an Indian social activist working on issues of transparency and accountability, has been awarded by the US.
• She is among 12 anti-corruption champions awarded by the Biden administration.
• According to the State Department, Bhardwaj has served as an active member of the Right to
  Information Movement in India for over two decades.
  Anjali Bhardwaj, the 48-year-old activist is also the founder of the Satark Nagrik Sangathan (SNS), a citizens’ group with a mandate to promote transparency and accountability in government.
• Whistle blowers Protection Act, 2014 is yet to be notifi ed in offi cial gazette for its
  operationalization.