Skip to main content

Top Indian civil rights group warns: Will approach court if Rajya Sabha amends whistleblowers Act

By A Representative
Top advocacy group Commonwealth Human Rights Initiative (CHRI), based in Delhi, has warned that if the Rajya Sabha passes the Whistle Blowers Protection (WBP) Amendment Bill, it “may have to" move courts, along with other civil society organizations, “to challenge the constitutionality of the Bill vis-a-vis basic human right to accountable governance and the fundamental right to freedom of speech and expression.”
Discussions on amendment to the Act, passed in Parliament in 2011, took place in the Rajya Sabha on December 7 afternoon, and are likely to continue on December 8. The Lok Sabha has already cleared the amendments, which civil society activists believe will curb the whistleblowers’ right to expose corruption in high places in the name of national security and infringing privacy.
Taking objection to Rajya Sabha MPs cutting across party lines failing to note that the amendment Bill seeks to undermine the citizens’ “absolute right to blow the whistle on corruption, wrongdoing or the commission of offense by public servants”, CHRI’s Venkatesh Nayak said in an e-mail alert, “Importing exemptions under the RTI Act to the WBP Act wholesale is a very clever method of ensuring that no person comes forward to blow the whistle.”
Reiterating that there are in all “32 tests for whistleblowing that the NDA government would like to impose in its infinite wisdom” of amending the Bill, Nayak insisted, one should remember, “there is no bar in Article 19(2) on the right to blow the whistle on corruption, wrongdoing or any offense committed by public servants” in the 2011 Act.
“The WBP Amendment Bill seems like an attempt to introduce such an unreasonable restriction without even amending the Constitution”, Nayak said, adding, “None of the MPs who spoke on the WBP Amendment Bill pointed out clearly the difference between Section 8(1) of the RTI Act and the retrograde amendments to the WBP Act.”
He underlines, “The WBP Amendment Bill assumes that once a whistleblower complaint is made it will become publicly accessible, therefore it is necessary to protect national security, the dignity and privilege of Parliament and the Courts, commercial and trade secrets, fair investigation of and trial in crimes, intelligence informers, international relations, Cabinet secrecy and lastly personal privacy of individuals.”
Supporting the 2011 Act, Nayak says, “Nothing in the WBP Act permits the whistleblower complaint to be made public by the competent authorities. The entire scheme of the law is designed to ensure confidentiality of not only the whistleblower's identity but also the progress of the inquiry into the whistleblower complaint until a final decision is reached.”
According to Nayak, who followed the debate in Rajya Sabha, just one MP talked about the exceptions for blowing a whistle, saying that the amendment Bill is not just about safeguarding national security “but introduces 10 grounds for preventing whistleblowing.”
Yet, he underlined, “None of the MPs pointed out that the absolute bar on even making a whistleblower complaint, if they attracted the 10 grounds, was simply unacceptable in a democratic government based on the principle of the rule of law.” He commented, “Wrongdoing cannot be masked under the garb of national security or trade secrets or personal privacy.”
Worse, Nayak said, some MPs referred to the deaths of 30 whistleblowers since 2010. Suggesting that the MPs did not know the difference between whistleblowers and other RTI activists, he added, “Close to 50 RTI users and activists have lost their lives since 2005 for seeking the most mundane of information from public authorities, and this factum was worth quoting in the debate.”
Nayak explained, “To the best of my knowledge no RTI user or activist was attacked or murdered for seeking information about national security or trade secrets. They lost their lives demanding transparency in the spending of public funds, public decision making process and reasons for the inaction of the police in acting against criminals and land, sand and construction mafia.”

Comments

TRENDING

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.

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.

‘Act of war on agriculture’: Aruna Rodrigues slams GM crop expansion and regulatory apathy

By Rosamma Thomas*  Expressing appreciation to the Union Agriculture Minister for inviting suggestions from farmers and concerned citizens on the sharp decline in cotton crop productivity, Aruna Rodrigues—lead petitioner in the Supreme Court case ongoing since 2005 that seeks a moratorium on genetically modified (GM) crops—wrote to Union Minister Shivraj Singh Chouhan on July 14, 2025, stating that conflicts of interest have infiltrated India’s regulatory system like a spreading cancer, including within the Indian Council for Agricultural Research (ICAR).

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.

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.

Overriding India's constitutional sovereignty? Citizens urge PM to reject WHO IHR amendments

By A Representative   A group of concerned Indian citizens, including medical professionals and activists, has sent an urgent appeal to Prime Minister Narendra Modi, urging him to reject proposed amendments to the International Health Regulations (IHR) before the ratification deadline of July 19, 2025. 

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.

Activists allege abduction and torture by Delhi Police Special Cell in missing person probe

By A Representative   A press statement released today by the Campaign Against State Repression (CASR) alleges that several student and social activists have been abducted, illegally detained, and subjected to torture by the Delhi Police Special Cell. The CASR claims these actions are linked to an investigation into the disappearance of Vallika Varshri, an editorial team member of 'Nazariya' magazine.

India’s zero-emission, eco-friendly energy strategies have a long way to go, despite impressive progress

By N.S. Venkataraman*   The recent report released by OPEC’s World Oil Outlook 2025 has predicted that by the year 2050, crude oil would replace coal as India’s key energy source. Clearly, OPEC expects that India’s dependence on fossil fuels for energy will continue to remain high in one form or another.