SYNOPSIS

‘EXAMINING WHISTLEBLOWING LEGISLATION IN INDIA: A COMPREHENSIVE COMPARATIVE INQUIRY’ i

ABSTRACT

Corruption today has become a plague ruining the economical and ethical environment at the industrial
level in India, often goes unchallenged when people are frightened to raise voice about it. Initiations to a
committed Whistleblower Policy will provide an invaluable insight into corruption, from exposing high
profile scandals to financial scam. Whistleblowers play a critical role in saving both resources and lives.
Timely disclosure of wrongdoing can also help to protect human rights. But today, in our country
blowing the whistle can result into high personal risk because in the current state there is no legal
procedure against an unauthorized expulsion, humiliation or even physical abuse related to
whistleblowing conduct. Whistleblowers often face retaliation, from the group or organization which
they have accused, and sometimes under the law. Whistleblower Act will provide a safeguard which will
help people to speak about corruption. We must importune our country to introduce the policy to
protect those who speak out and ensure that their claims are properly investigated in whistleblower
policy. This Research is related to the serious issue of the current conduct of whistleblowing and
whistleblowers protection in India, which is still in its way to become a country wide act to be enforced
on the public and private sector companies. It examines the consequences of inexistence of a formal
whistleblower policy and contains recommendations for formulating such kind of policy. The purpose of
this research is first to identify common shortcomings in the regional legislations, second aim is to
recognize the most important barriers that obstruct public interest disclosures, and third, to devote to
more successful whistleblower protection by highlighting favorable and effective practices.

Introduction

 General:

The general dictionary meaning of the Whistle is 'सीटी', Blowing is 'उड़ाने', and Whistleblowing is
'ध्यानाकर्षण', which means to blow the whistle or to fascinate the attention. In the legal and
professional context the meaning of the 'Whistleblowing', is an act to vigilance the folks and the
government about the legacy of corruption, bribery, wrong doing, unwanted act of any Person, System,
Company, Workplaces, Bureaucrats or Government. Whistleblowing is an act of a person or any number
of persons to expose any act of corruption, bribery. Wrongdoing at work place with the fear of reprisal.
It is a concept to bring management, administrator or private and public sector free of corruption and to
make the system effective, un-bias, non-arbitrary, good-conscience and efficient functioning. There was
no law in India with regard to the protection of the whistle blower or the person who discloses the act
any allegation of corruption or willful misuse of power or willful misuse of discretion against any public
servant and to inquire or cause an inquiry into such disclosure.1

1
http://www.PRSlegislativeIndia.com/
Therefore, In August 2010, the Bill was introduced in Lok Sabha i.e. Lower House of the Parliament as
"The Public Interest Disclosure and Protection of Persons Making the Disclosures Bill, 2010". After
getting the approval of the cabinet ministers in June, 2011 the bill was renamed as "The Whistleblowers'
Protection Bill, 2011" by the Standing Committee on Personnel, Law, Public Grievances and Justice." This
Bill was successfully passed by the lower house of Parliament and for the first time introduced in the Lok
Sabha passed on 27 December 2011. The Bill was passed by Rajya Sabha on 21 February 2014 and
received the President's assent on 9 May 2014. The name of the act is Whistleblower Protection Act,
2014.

Whistle Blowers Protection Act, 2014 is an Act in the Parliament of India which provides a mechanism to
investigate alleged corruption and misuse of power by public servants and also protect anyone who
exposes alleged wrongdoing in government bodies, projects and offices. The wrongdoing might take the
form of fraud, corruption or mismanagement. The Act will also ensure punishment for false or frivolous
complaints.2

 Constitutional essence of Whistle-blower law:

PREAMBLE-"An act to establish a mechanism to receive complaints relating to disclosure on any

allegation of corruption or willful misuse of power or willful misuse of discretion against any public
servant and to inquire or cause an inquiry into such disclosure and to provide adequate safeguards
against victimization of the person making such complaint and for matters connected therewith and
incidental thereto."

The Purpose and Policy behind the law relating to whistle-blower protection are:-

 Equity and Justice to each and every individual citizen of the country irrespective of his/her
Social, Political or, Economical condition.
 To provide equal status and protection to the individual in the eye of law.
 To curb the arbitrariness and unreasonableness of the people who are dominant in terms of
Social, Political or, Economical background over the people who are weaker in these domain.
 To subdue the misuse of dominant position.
 To make the system corruption free.
 To provide potency to the people to raise their voice with regard to the wrongdoing in the
authorities.
 Awareness about the right to be protected against the corruption.
 Right to privacy (to anonymously raise the issue of corruption and malpractices existing in public
or private sector in the court of law).
 Enumerates the Remedies to the whistle-blowers and enlisted liabilities of the frivolous
proceeding.3

2
‘Whistleblowing’,https://rajdhanicollege.ac.in/admin/ckeditor/ckfinder/userfiles/files/Whistle%20Blowing.pdf
3
Whistle Blowers Protection Act, 2014, Basic Principles of COI
 To provide adequate safeguards against victimization of the person making such complaint.

 Hypothesis:

The main purpose of this research paper is to know the importance and use of whistle blowing rules
and regulation in order of protection of the whistleblowers, and also to know about the legacy of
transparency, accountability, authenticity and integrity of whistle blowing policy.

 Objectives:

1. To analysis and understand the concept of whistle blower law.

2. To ascertain the need of the whistle blower law in India.

3. To know the current position of whistle blowing policies in India.

4. To understand the pros and corns of the whistle blower law.

5. To ascertain the constitutional validity of the whistle blower law.

6. To discuss the latest issues, evidences and statistics of whistle blowing to provide better
understanding about whistle blowing.

7. For understanding a better essence of whistle blowing by providing the definition and the concept
that is easily understand by all, and from where the term of whistle blowing is derived.

8. To ascertain the current implementation of law and whether it suits the Indian legal system or
not?

 Research Methodology:

This Research paper is a Doctrinal Research based on the studying and analyzing of the laws made
for the protection of whistle blowers by reports, papers, factual data, case studies (nationally and
internationally) and also to know the relevance of the Whistle Blowers Protection Act in order of
protection of whistle blowers.
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