Skip to main content

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

By Our 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

Gujarat's high profile GIFT city 'fails to attract' funds, India's FinTech investment dips

By Rajiv Shah  While the Narendra Modi government may have gone out of the way to promote the Gujarat International Finance Tec-City (GIFT City), sought to be developed as India’s formidable financial technology hub off the state capital Gandhinagar, just 20 km from Ahmedabad, a recent report , prepared by Tracxn Technologies suggests that neither of the two cities figure in the list of top FinTech funding receiving centres.

Why Ramdev, vaccine producing pharma companies and government are all at fault

By Colin Gonsalves*  It was perhaps Ramdev’s closeness to government which made him over-confident. According to reports he promoted a cure for Covid, thus directly contravening various provisions of The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. Persons convicted of such offences may not get away with a mere apology and would suffer imprisonment.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Decade long Modi rule 'undermines' people's welfare and democracy

By Ram Puniyani*  Modi has many ploys up his sleeves when it comes to propaganda. On one hand he is turning many a pronouncements of Congress in the communal direction, on the other he is claiming that whatever has been achieved during last ten years of his rule is phenomenal, but it is still a ‘trailer’ and the bigger things are in the offing as he claims to be coming to power yet again in 2024. While his admirers are ga ga about his achievements, the truth lies somewhere else.

Malayalam movie Aadujeevitham: Unrealistic, disservice to pastoralists

By Rosamma Thomas*  The Malayalam movie 'Aadujeevitham' (Goat Life), currently screening in movie theatres in Kerala, has received positive reviews and was featured also on the website of the British Broadcasting Corporation. The story is based on a 2008 novel by Benyamin, and relates the real-life story of a job-seeker from Kerala tricked into working in slave conditions in a goat farm in Saudi Arabia.

Plagued by opportunism, adventurism, tailism, Left 'doesn't matter' in India

By Harsh Thakor*  2024 elections are starting when India appears to be on the verge of turning proto-fascist. The Hindutva saffron brigade has penetrated in every sphere of Indian life, every social order, destroying and undermining the very fabric of the Constitution.

Belgian report alleges MNC Etex responsible for asbestos pollution in Madhya Pradesh town Kymore: COP's Geneva meet

By Our Representative A comprehensive Belgian report has held MNC Etex , into construction business and one of the richest, responsible for asbestos pollution in Kymore, an industrial town in in Katni district of Madhya Pradesh. The report provides evidence from the ground on how Kymore’s dust even today is “annoying… it creeps into your clothes, you have to cough it”, saying “It can be deadly.”

Can universal basic income help usher in sustainable egalitarianism in India?

By Prof RR Prasad*  The ongoing debate on application of Article 39(b) in the Supreme Court on redistribution of community material resources to subserve common good and for ushering in an egalitarian society has opened new vistas wherein possible available alternative solutions could be explored.

Press freedom? 28 journalists killed since 2014, nine currently in jail

By Kirity Roy*  On the eve of the Press Freedom Day on 3rd of May, the Banglar Manabadhikar Suraksha Mancha (MASUM) shared its anxiety with the broader civil society platforms as the situation of freedom of any form of expression became grimmer in India day by day. This day was intended to raise awareness on the importance of freedom of press and to pay tribute to pressmen who lost their lives in the line of duty.

Ahmedabad's Muslim ghetto voters 'denied' right to exercise franchise?

By Tanushree Gangopadhyay*  Sections of Gujarat Muslims, with a population of 10 per cent of the State, have been allegedly denied their rights to exercise their franchise in the Juhapura area of Ahmedabad.