"Disregarding" Whistleblowers Act, Central govt creates "internal mechanism" for receiving complaints

By A Representative
A senior civil society activist brought to light an alarming development. Circulating a resolution of the Government of India, issued by the Department of Personnel and Training amending the Public Interest Disclosure Resolution (PIDPI Resolution), the activist has said, the Government of India has sought to create an “internal mechanism” to receive complaints from government employees wanting to blow the whistle on corruption instead of the one that existed earlier. Previously, the whistleblowers could send their complaints directly to the Central Vigilance Commission (CVC).
The earlier PDPIR Resolution was promulgated in August 2013 “in the wake of the murder of two young, honest and responsible employees -- late Satyendra Dubey and late S. Manjunath -- who tried to expose alleged corruption in the affairs of the National Highways Authority of India (NHAI) and the Indian Oil Corporation (IOC), respectively”, said senior activist Venkatesh Nayak of the Commonwealth Human Rights Initiative (CHRI).
“The latest amendment to the PIDPI Resolution creates an internal mechanism namely, Chief Vigilance Officers (CVOs), for receiving complaints from whistleblowers in Central government departments and Central public sector undertakings. Earlier, under the original resolution, whistleblowers could send their complaints only to the Central Vigilance Commission (CVC). The Union Cabinet had approved this amendment to the PIDPI Resolution in August last year”, Nayak explains.
Posing the question as to “what is wrong with this amendment”, Nayak says, “Parliament enacted the Whistleblowers Protection Act in 2014 after keeping it pending for almost three years. The Rajya Sabha approved this legislation on the last day of the last session of the 15th Lok Sabha. The President signed this Bill into law on May 9 and it was gazetted on May 12 this year.”
“However”, he underlines, “the Central Government has not yet enforced this law. Unless Parliament sets a time limit for enforcement of a law that it enacts (as was the case with the Right to Information Act, 2005), enforcement of that law is left to the discretion of the Central Government”.
Nayak especially questions the new change in view of the fact that “Section 31(1) of the Whistleblowers Protection Act repeals the PIDPI Resolution. So the question that arises is whether the Government can amend a Resolution after Parliament has repealed it.”
Pointing out that “none of the provisions of the Whistleblowers Act have come into force till date”, the activist says, “So the repeal provision is also not in force”. Hence, “technically, the amendment to the PIDPI Resolution may have legal cover. The government's actions must not only be legal, they must also be legitimate.”
Nayak further says, “Parliament had clearly indicated its intention by repealing the PIDPI Resolution and replacing it with a comprehensive statute that contains a reasonably complete mechanism for protecting whistleblowers. The only latitude Parliament gave to the government was to fix the date for its enforcement after making appropriate arrangements such as notifying the rules and regulations under this law.”
“However, the Government seems to be delaying the implementation of this law and instead is pushing for the strengthening of its own resolution which in theory stands repealed. This amounts to an affront to the the dignity and will of Parliament”, the activists says, wondering if “constitutional experts and Parliament-watchers may point if this is correct and if this action of amending a resolution which Parliament repealed would constitute a breach of privilege of Parliament”.
Pointing towards options available, Nayak says, “Section 2(b) of the Whistleblowers Act empowers the Central Government to declare any authority other than the CVC and a handful of other authorities mentioned in that clause as 'competent authorities' to receive whistleblower complaints.”
The government could have enforced this law and designated the CVOs as competent authorities without any reference to the repealed PIDPI Resolution. Doing so would have been not only legal but also legitimate.”

Comments

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

The golden crop: How turmeric is transforming women's lives in tribal India

By Vikas Meshram* When the lush green fields of turmeric sway in the tribal belt of southern Rajasthan, Madhya Pradesh, and Gujarat, it is not merely a spice crop — it is the golden glow of self-reliance. In villages where even basic spices once had to be bought from the market, the very soil today is yielding a prosperity that has transformed the lives of thousands of families. At the heart of this transformation is the initiative of Vaagdhara, which has linked turmeric with livelihoods, nutrition, and village self-governance — gram swaraj.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Beyond the election manifesto: Why climate is now a kitchen table issue

By Vikas Meshram* March has long been a month of gentle transition, the period when winter softly retreats and a mild warmth signals nature’s renewal. Yet, in recent years, this dependable rhythm has been disrupted. This year, since the beginning of March, temperatures across vast swathes of the country have shattered previous records, soaring to between 35 and 40 degrees Celsius in some regions. This is not a mere fluctuation in the weather; it is a serious and alarming indicator of climate change .

As India logs historic emissions drop, expert warns govt against 'policy blunders'

By A Representative In a significant development that underscores the rapid transformation of India's energy landscape, new data reveals the country recorded its largest drop in power sector emissions in 2025. However, a top power sector analyst has urged the Union Government to view this "silver lining" as a stark warning against continuing to invest in new coal, large hydro, and nuclear projects, which he argues could become "redundant" stranded assets.

The selective memory of a violent city: Uttam Nagar and the invisible victims of Delhi

By Sunil Kumar* Hundreds of murders take place in Delhi every year, yet only a few incidents become topics of nationwide discussion. The question is: why does this happen? Today, the incident in Uttam Nagar has become the centre of national debate. A 26-year-old man, Tarun Kumar, was killed following a dispute that reportedly began after a balloon hit a small child. In several colonies of Delhi, slogans such as “Jai Shri Ram” and “Vande Mataram” are being raised while demanding the death penalty for Tarun’s killers. As a result, nearly 50,000 residents of Hastsal JJ Colony are now living in what resembles a state of confinement.

NGO Arunoday’s journey of support and struggle: Standing firm with the distressed

By Bharat Dogra It was a situation of acute distress. Nearly ten thousand people returning to their villages during the COVID-19 pandemic had gathered at the border of Uttar Pradesh and Madhya Pradesh near Kanha. Exhausted after walking long distances with little or no food, they were desperate for relief. Yet entry could not be granted without completing essential records and complying with pandemic rules.

How wars are undermining climate promises even as accelerating global warming

By N.S. Venkataraman* Since 1995, global climate conferences have convened annually, with the 29th Conference of Parties (COP29) held in November 2024. These gatherings attract world leaders and generate extensive media coverage, raising hopes of decisive strategies to address the climate emergency. Yet, despite lofty promises and ambitious targets, the crisis remains unabated.

Jerusalem's Al Aqsa mosque under siege: A test of Muslim solidarity and Palestine’s future

By Syed Ali Mujtaba* In the cacophony of Israel’s and the United States’ attack on Iran, one piece of news has been buried under the debris of war: Israel has closed the Al Aqsa Mosque in Jerusalem to Palestinian worshippers during the holy month of Ramadan. The closure, announced as indefinite, affects the third most revered mosque in the Islamic world.

Search This Blog