Sunday, September 13, 2020

The Whistle-blower Protection Bill in India.

The Whistle Blower Bill against corruption was passed by the Rajya Sabha on 21 February 2014. Significantly, this bill was pending in Rajya Sabha for more than two years. This bill will provide legal protection to the workers fighting against corruption. This bill is only for government employees. The purpose of this bill is such
A regular system is to be provided so that those who give information about corruption or willful misuse of power by public servants and ministers can be encouraged.

The Information Provider Protection Bill 2011 was passed by voice vote after a brief discussion in the Rajya Sabha. The Bill was passed by the Lok Sabha in 2011 and sent to the Rajya Sabha in 2012 for consideration. The Rajya Sabha added two new proposals to this bill. First, the definition of disclosure has been amended to include willful misuse of power or willful misuse of rights which results in direct harm to the government or public servants or any third party.
Second, the definition of the officer with whom to make a complaint has also been expanded. The main points of the Bill are-

1 The identity of the personnel complaining of corruption will remain secret.
2 Such people will be provided security if required.
3 There will also be a provision for action and punishment against those who make false complaints of corruption.
Army and intelligence agencies and police are also under the ambit except the SPG.
The misuse of 5 posts was also brought under the purview of corruption.
6 Complaints will be filed only in cases up to five years old.

The importance of this bill is that it will bring complaints against corrupt people in government departments. This will strengthen CVC, an independent entity created to curb corruption. Also, many employees who kept silent due to fear will share more information with the government.

Disclosure under the Public Interest Disclosure Act refers to a complaint in which such act or attempt is an offense under the Prevention of Corruption Act, 1988; Intentional misuse of power and rights that results in direct harm to the government or public servants or any third party; And be involved in, or attempt to commit, a criminal act by a public servant.
The Act provides that any public servant or any other person, including non-governmental organizations, to the competent authority, who can presently make public interest disclosure before the Central or State Vigilance Commission.
Every disclosure will be made in good faith and the person making the disclosure must personally declare that he or she believes justly that the information and allegations disclosed by him are materially correct. Also each disclosure will be done in writing or by electronic mail message.
The Act grants immunity to such subjects from the investigation of the competent authority, which is likely to damage the sovereignty and integrity of India, protection of the state, friendly relations with foreign states, public order, decency or morality, or insult, dignity, abuses of the court Or incitement to crime.

Crime and Punishment - If the relationship organization or officer, without any reasonable reason, does not submit the report within the said time limit or refuses to submit the report, then the penalty
Can be imposed, which can be increased to 250 rupees per day until the report is submitted, although this fine
Not to exceed Rs 50,000.

Appeal to High Court- If a person is dissatisfied with the order regarding the sentencing of the competent authority, he can appeal to the High Court within 60 days from the date of the order to be appealed.

Undoubtedly, the coming of this act is a welcome step in the fight against corruption and in protecting them, which manifest public interest, but get caught in various kinds of Christianity. But the Act provides that the competent officer has taken 1 year (twelve months) for the incident to occur and the complainant knows this; And any disclosure that involves allegations, the relationship will not investigate if the complaint is made after the event has been five years old. This provision is not unnecessary, but its serving officer will obstruct the investigation on technical grounds. It is a matter of great concern that the Armed Forces and Intelligence Agencies
Exceptions to have been created without any convincing reason. The purpose of this Act is to curb corruption and thus, there is no rational excuse for such excessive immunity. However, immunity may be natural in special cases related to national security and others.
In this Act, the responsibility of the security of the information provider has been placed on the Central Government. However, this poses a serious problem for the federal system like India, because it is not possible to provide security only to the state government employee by the central government alone and in such cases the state governments will also have to provide security. It is clear that the Whistle Blower Bill is public servant for public interest
Provides protection to any person who commits corruption, misuse of power and disclosure of crimes. Although it has some shortcomings, despite this, it is an important step taken for the protection of those exposed to corruption, scams.

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