WHISTLEBLOWERS' PROTECTION LAW

Date: 03-09-2010 by email

Shri V.K. Velukutty,
Deputy Secretary (V-Ill),
Department of Personnel and Training,
Room No. 10-8/11, North Block,
New Delhi-110001.
E-mail : vkvkuttv@nic.in

Respected Sir,

Subject: The Public lnterest Disclosure and Protection to Persons Making the Disclosure Bill. 2010.

I refer to OM Nr. P.N0.37112212007-AVD.111 dated 27-08-2010 and humbly append below my views/suggestions:

1. Reliability, credibility and integrity of public servants in the perception of common man [including govt. employees] is so low, that hardly any one will rely on true intention and capability of CVC or SVC [competent authority] to keep names of complainants secret at all times. These officers and their immediate assistants may unofficially leak the name and address of the whistle blower, which may cost life of whistle blowers. General public knows that govt. officers give way through money or political pressure. Even senior govt. officers cannot withstand political pressure. Hence the proposed bill will not generate positive participation from public or other govt. officers, who care for their lives.

2. There is provision to penalize complainant for frivolous complaints. For a common man and small govt. officers/employees, it is not possible to documentarily prove corruption or misdeeds of senior officers or politicians. He can only give rough information about misdeeds in the organization. If he uses RTI to unravel, his name becomes public in the organization before he gets protection. In case if enquiry officer of CVC/SVC does not [or do not intend to] get all the proofs beyond doubts on paper to prove allegations, the complainant will be in soup, for frivolous complaint. Why one should get involved in punishment etc while trying to do public good? This provision needs to be deleted.

3. Penalising CVC/SVC or other officer for breach of this act will be a near impossible task during service or life time of the officer. Mostly no documentary evidence will be available to nail down leaking officer or CVC/SVC.

4. CVC/SVC has to rely on state police for ensuring protection of whistle blower. Public knows state of affairs of state police. The very fact, that police protection is provided to an officer in an organization at the instance of CVC/SVC, will make his identity open directly or through police. Then, any investigation by CVC/SVC will be attributed to such police-protected whistle blower, risking his life.

5. When crores of rupees are leaking from govt. vaults daily and hardly any one is pulled up, I doubt how this act will infuse confidence in whistle blowers that their details will not leak out from govt. records. It appears that this legislation is just an eye-wash to Indian public and international community to show that govt. is serious about corruption and wrong doings in governance. There will be few takers of this act.

6. There is provision in the proposed act that CVC/SVC will counter check name and address etc of the complainant, before acting on it. Thus the govt. wants to be sure that complainant is a genuine gentleman and that he has honestly supplied his name and address. CVC/SVC may also start calling the complainant to CVC/SVC office for checking his veracity through pan card/election card/telephone bill and cross examining him for complaining. This is like torturing the accuser before looking for the accused, as happens in police stations.

7. There is every likelihood that accused officer under this act will blame the whistle blower himself for having knowingly or negligently revealed his own identity, when some harm is done to whistle blower.

8. I humbly suggest that whistle blowers should be encouraged to lodge anonymous complaints by post or emails. [emails can be tracked back, but it is not easy]. The same may be enquired upon by CVC/SVC and if no substance is found, the same may be filed out for future reference. If there is some substance indicative of corruption or wrong doings, a full fledged investigation may be ordered. Normally whistle blower will try to anonymously supply more proofs to substantiate complaint. He would be tracking progress of investigation through his channels in office. Resources which will be used for ensuring safety of whistle blowers, can be better utilized for preliminary enquiries of anonymous complaints. This system will encourage more whistle blowers to ‘shout’ silently, for containing corruption and wrongs in governance. He will himself guarantee his safety through anonymity of his identity, while helping the country in exposing misdeeds of govt. offices.

9. In fact, the rule that anonymous complaints should not be entertained by CVC/SVC/Lokayukta/other govt. offices is one of the biggest facilitator of corruption and misdeeds in govt. offices. This clause guarantees safety to wrong doers, at the cost of life of whistle blowers who state their true name and address in complaints. It would be interesting to find out how name and address of complainant will make any difference to gravity and veracity of contents of complaint. There is no justification on the part of govt. to risk life of whistle blowers by knowing their names and addresses. Govt. should be more concerned about contents of complaint.

10. If anonymous complaints are also being looked into by Govt., it will act as a deterrent to corrupt officers/politicians and other wrong doers, to some extent. Public has wealth of information which can be developed to contain corruption. Common man has first hand experience of corruption in govt. offices. However they do not want to share at the cost of harassment or life from politicians and high ranking officers of govt.

Thanking you for seeking views and suggestions of public on legislation and ensuring public participation in our democracy.

Yours faithfully,
J.P. Shah