The Hindu Business Line : Whistle-blowing

THE shock waves generated by the murder of Satyendra Dubey who blew the whistle on corruption in the National Highways Authority of India (NHAI) forced the Government to promise to enact a law protecting whistle blowers, but as things stand, it may meet the same fate as the Lok Pal Bill which is introduced in every new Lok Sabha and allowed to lapse at the end of its term.

Under pressure from the Supreme Court, the Government issued some rudimentary guidelines on April 21making the Central Vigilance Commission (CVC) responsible for receiving complaints against corruption in Central Government offices and agencies and ensuring protection to the complainants against victimisation, but there has as yet been no follow-up action nor a proper machinery set up for the purpose. The guidelines are no different from the existing charter of the CVC and, as regards protection to whistle blowers, marks no significant advance. There is no sign, either, of any Bill being passed any time soon.

The very objectives of the proposed Bill are likely to be defeated if the definition of whistle blowing is made so broad and the assurance of protection gets enmeshed in so many time-consuming procedures as to render the whole initiative meaningless. Whistle blowing should not pertain to all sorts of complaints but denote only to the information provided by employees of a government department or enterprise against his superiors or colleagues relating to wilful default or negligence, amassing disproportionate assets or corruption.

It should be open to the employee to give the information, in writing or orally, to whichever level in the organisation or department he trusts, and it should be made mandatory for the functionary with whom the employee takes up the matter to keep his name confidential, to record the information (with a copy to the whistle blower) and have inquiries conducted through an independent vigilance mechanism under the local office of the CBI. Complaints against the CBI or central police outfits can, however, go directly to CVC to which the findings of the inquiries in all cases may be required to be sent. No action should be initiated against the complainant for any dereliction unconnected with his complaint except with the prior clearance of the CVC.

State Governments also should enact similar laws encouraging whistle blowing by their employees.

More Stories on : Economic Offences | Offhand

Article E-Mail :: Comment :: Syndication :: Printer Friendly Page

Stories in this Section
Needed change `post' haste

The miracle and mystery of China

Getting out of the poverty trap

Inflation and growth — the policy challenge

Whistle-blowing

J. R. D. Tata Letters — A citizen, industrialist revealed

FM's advice

Press Note 18