Skip to main content

"Atrocious" provision in new whistleblowers amendment Bill: Officials Secrets Act to be invoked on seeking information

By Our Representative
Senior activists have taken strong exception to the Government of India proposal to amend the #Whistleblowers Protection Act, 2014 (WBP Act), introduced as an amendment bill in the Lok Sabha on Monday. Right to information (RTI) activist Venkatesh Nayak has said, while till now the government refused to implement the law, which aims to create a statutory mechanism for whistleblowing about corruption, abuse or misuse of power or authority, in a fresh move, it is coming up with several "unreasonable restrictions on whistleblowing."
Chatacterising it as the #NDA government's yet another move to "outdo everything that the previous #UPA government did between 2004 and 2014", Nayak says, the Centre is seeking to dilute Section 4(1), which is a "substantive provision that permits whistleblowing about wrongdoing in a public authority."
According to him, "Under the original Act a whistleblower was immunised from prosecution under the Official Secrets Act, 1923 (OSA) for blowing the whistle on wrongdoing in government." However, the Amendment Bill takes away this immunity -- "no officer or #RTI user may come forward to blow the whistle for fear of prosecution under the OSA."
Pointing out that "this amendment trashes the principle of ‘safe alternative to silence’ which should underpin all whistleblower protection laws", Nayak says, now, "a whistleblower will be prevented from making a complaint on all grounds under which information can be refused under the RTI Act -- privacy, trade secrets, foreign relations, fiduciary relationship etc."
Explains the activist, "Unless the whistleblower is able to prove that he/she obtained his evidence of wrongdoing under the RTI Act, he/she can be punished for attaching such records to his whistleblower complaint -- so no officer or RTI user will come forward to blow the whistle on wrongdoing unless he obtains the information after the concerned Information Commission orders its disclosure in public interest".
Then there is another amendment, to Section 6, which would prevent any person from even giving evidence or rendering any kind of assistance to the competent authorities under certain specified circumstances. "The competent authorities will have no option but to drop such whistleblower complaints", comments Nayak.
Further, says Nayak, in yet another amendment, "even an Under Secretary grade officer, if appointed as the designated authority, can in theory, prevent the PM or the CM from ordering an inquiry into a whistleblower complaint if he/she certifies that the matter relates to ‘national security’," calling it a "ridiculous" amendment to Section 5.
Nayak, who is with the Commonwealth Human Rights Initiative, demands, "All righteous minded citizens who share a vision of a corruption-free India must demand that this amendment Bill be referred to the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice for detailed deliberation so that citizens may provide inputs to the MPs as to why the major amendments will defeat the very purpose of the WBP Act."

Comments

TRENDING

How community leaders overcome obstacles to protect forests and pastures in remote villages

By Bharat Dogra  Dheera Ram Kapaya grew up in such poverty that, unable to attend school himself, he would carry another boy’s heavy school bag for five kilometers just to get a scoop of daliya (porridge). When he was finally able to attend school, he had to leave after class five to join other adolescent workers. However, as soon as opportunities arose, he involved himself in community efforts—promoting forest protection, adult literacy, and other constructive initiatives. His hidden talent for writing emerged during this time, and he became known for the songs and street play scripts he created to promote forest conservation, discourage child marriages, and support other social reforms.

Workers' groups condemn Gujarat Ordinance increasing working hours, warn of statewide agitation

By A Representative   At a consultation organised today by the Asangathit Shramik Hit Rakshak Manch at Circuit House in Ahmedabad, leaders of major trade unions and labour rights organisations strongly opposed the Gujarat government’s recent ordinance amending the Factories Act and the draft rules notified under the Occupational Health and Safety (OHS) Code, 2020. Around 50 representatives from central trade unions, independent unions, and labour welfare organisations participated in the meeting.

The GMO illusion: Three decades of hype, harm, and false hope

By Sridhar Radhakrishnan  Three decades of hype, billions of dollars spent, and still no miracle crop. It's time to abandon the GMO biotech fairy tale and return to the soil, the seed, and the farmer. “Trust us,” they said. “GMOs will feed the world.” Picture a world where there is plenty of food, no hunger, fields grow without chemical pesticides, children are saved from malnutrition, and people live healthily.

Deaths in Chhattisgarh are not just numbers – they mark a deeper democratic crisis

By Sunil Kumar  For a while, I had withdrawn into a quieter life, seeking solace in nature. But the rising tide of state-sponsored violence and recurring conflict across India has compelled deeper reflection. The recent incidents of killings in central India—particularly in Chhattisgarh—are not isolated acts. They point to a larger and ongoing crisis that concerns the health of democracy and the treatment of marginalised communities.

Sandra Gonzalez Sanabria: An inspiring life from Colombia’s Amazonian valley

By Vidya Bhushan Rawat*  In the village of Héctor Ramírez, known as Agua Bonita, in La Montañita, Caquetá, Colombia, a vision of peace and renewal is unfolding. In the pre-2016 period, this would have been nearly impossible for outsiders to visit, as it was the epicenter of violent resistance against state oppression. However, after the Peace Accord was signed between the Colombian government and former revolutionaries—marking the end of a 70-year insurgency that claimed over 400,000 lives until 2025, including civilians, rebel fighters, and security personnel—things began to change. Visiting Agua Bonita during the Global Land Forum in Bogotá revealed a village of hope and resilience. Former FARC revolutionaries have settled here and transformed the village into a center of peace and aspiration.

'Bengali Muslim migrant workers face crackdown in Gurgaon': Academic raises alarm

By A Representative   Political analyst and retired Delhi University professor Shamsul Islam has raised serious concerns over the ongoing targeting and detention of Muslim migrant workers from West Bengal in Gurgaon, Haryana. In a public statement, Islam described the situation as "brutal repression" and accused law enforcement agencies of detaining migrants arbitrarily under the pretext of verifying their citizenship.

Indigenous Karen activist calls for global solidarity amid continued struggles in Burma

By A Representative   At the International Festival for People’s Rights and Struggles (IFPRS), Naw Paw Pree, an Indigenous Karen activist from the Karen Human Rights Group (KHRG), shared her experiences of oppression, resilience, and hope. Organized with the support of the International Indigenous Peoples Movement for Self-Determination and Liberation (IPMSDL), the event brought together Indigenous and marginalized communities from across the globe, offering a rare safe space for shared learning, solidarity, and expression.

Wave of disappearances sparks human rights fears for activists in Delhi

By Harsh Thakor*  A philosophy student from Zakir Hussain College, Delhi University, and an activist associated with Nazariya magazine, Rudra, has been reported missing since the morning of July 19, 2025. This disappearance adds to a growing concern among human rights advocates regarding the escalating number of detentions and disappearances of activists in Delhi.

Gender violence defies stringent laws: The need for robust social capital

By Dr. Manoj Kumar Mishra*  The tragic death of Miss Soumyashree Bisi, a 20-year-old student from Fakir Mohan College, Balasore, who reportedly self-immolated due to harassment, shocked the conscience of Odisha. Even before the public could process this horrifying event, another harrowing case emerged—a 15-year-old girl from Balanga, Puri, was allegedly set ablaze by miscreants. These incidents are not isolated; they highlight a disturbing pattern of rising gender-based violence across the state and the country.