OPINION: Will Whistleblower protection bill fuel Activism?

**Dr. Pathak** · 08-10-2010, 07:23 AM

The cabinet has cleared the bill to protect whistleblowers and punish those exposing identity of people disclosing information. The proposed legislation, Public Interest Disclosure and Protection to Persons Making The Disclosure Bill, 2010 provides the Central Vigilance Commission powers of a civil court to hand down harsh penalty to people revealing identity of whistleblowers.

The CVC will be empowered to take action against those who reveal the identity of whistle-blowers or those who threaten the whistleblowers while those who make frivolous complaints will also be liable to punishment.

As media reports, that the killing of whistleblowers Manjunath Shanmugam and Sayyendra Dubey and many Right to Information activists by anti-social and vested interests has promoted the government to draft the Bill.

Read the news here:

How will this bill when it becomes the law protect RTI Activists?

Will this Law really fuel Activism and bring down corruption?

Are there chances of misuse of this Law under 'Frivolous complaint'?

What are your opinion?

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**sharadphadke** · 08-10-2010, 09:33 AM

Sponsorer

Suppose I am a CPIO and I disclose some one's name to third party interested in that matter oraly. How 'Accountability' can be fixed on me? How to pin point the "whistleblowers"? The person to whom I have replied might have put application to different departments for different reasons and those CPIOs have also replied to him, then how I can be held responsible?
I find it too difficult for any law to function as Law makers are the one who's information is asked and they are the one's who save you. It take min. 15-20 years to finish trial. Only some quick function court system can bring some results.

**Atul Patankar** · 08-11-2010, 12:26 PM

This discussuin will be far more effective if we can have a copy of the proposed bill. This may also result in making suggestions to government before the Bill becomes Act.

However, I have following doubts:
Reading the news, I feel this law protects the 'inside' whistle blowers, that is employees of governments and PSUs. So does it not protect the 'outsiders' like Venkatesh, Satish Shetty and Amit Jethwa?

The CVC gets powers of civil court. So the 'defendent' also gets to appoint a lawyer, and prolong the case. Meanwhile, he can mount the pressure on whistle blower. Is there a 'time bound' provision like RTI?

What is the accountability? If a whistle blower still suffers some financial. physical/ mental loss or loses his life, who is responsible for compensating? from whose pocket? what happens if the CVC takes up the practice of never punishing an accused (like the ICs)?

**Ambadas** · 08-11-2010, 04:38 PM

This discussuin will be far more effective if we can have a copy of the proposed bill. This may also result in making suggestions to government before the Bill becomes Act.

Very pertinent. Apparently it seems RTI activist is not covered.

Are there any ways and means how one can hide the identity and still get the sensetive information - in all the process from RTI application to making complaint ? I don't think it is possible.

**karira** · 08-13-2010, 11:25 PM

Surprise, Surprise....

The draft act is not available in the Public Domain !
Someone in the Ministry of Law or the Cabinet Secretariat should read Sec 4(1)(c) of the RTI Act:

c. publish all relevant facts while formulating important policies or announcing the decisions which affect public;