The global corruption watchdog, Transparency International (TI), had last month passed a resolution urging all the countries to come out with laws to protect whistle blowers.
The Centre is ready with a legislation to protect individuals or organisations who inform on someone engaged in illegal activity, and may present it in Parliament at the start of the winter session this month.
The global corruption watchdog, Transparency International (TI), had last month passed a resolution urging all the countries to come out with laws to protect whistle blowers.
``Governments should create or strengthen the legal and institutional tools that protect honest and engaged individuals who report wrongdoing. To do so, governments should develop dedicated legislation or implement clear and effective improvements in existing legal framework'', says the TI resolution passed at the Berlin conference.
``Both public institutions and companies should establish programmes to protect whistleblowers against retaliation, including appropriate channels for disclosure, independent review and efficient follow-up mechanisms'', the resolution adds.
The Indian law, prepared by department of personnel and training (DoPT) proposes to keep central ministers out of the purview of the enactment, sources say. Any person can file a complaint alleging corruption or make disclosure against any Central government employee or any other public sector undertaking to the central vigilance commission (CVC).
The CVC would enjoy the powers of a judicial body. This means it would be able to summon anybody, direct the police investigation and ensure that the complainant is protected.
In case the CVC finds the complaint to be motivated or vexatious, it will be empowered to take whatever steps it deems fit. However, the CVC wouldn't entertain any disclosure on which a public inquiry has been ordered under the Public Servants Inquiries Act, 1850, or a matter that has been referred under the Commissions of Inquiry Act, 1952.
In case the informant's identity is disclosed against the CVC's wishes, it can punish the person/agency responsible for making the disclosure. The demand for a law to protect whistle blowers was made seven years ago, when a 31-year-old civil engineer, Satyendra Dubey, gave information on corrupt practices in the Golden Quadrilateral project.
Dubey, who was working with the National Highways Authority of India sent the culprits’ names to then prime minister Vajpayee's office. But, the PMO circulated his letter carrying his details among other officers. On November 27, 2003, Dubey was murdered in Gaya, Bihar.
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