Saturday, February 22, 2014

Whistleblower Protection Bill passed by Union Legislature

Whistleblower Protection Bill was passed by Union Legislature on 21 February 2014.

The bill aims to provide a regular mechanism to encourage persons to disclose information on corruption or willful misuse of power by public servants and ministers.

The Whistleblower Bill will provide an adequate protection to persons reporting corruption or wilful misuse of discretion which causes demonstrable loss to the government or commission of a criminal offence by a public servant.
 The bill seeks the procedure to inquire into the disclosures and provides adequate safeguards against victimisation of the whistleblower. It will also seek to provide punishment for false or frivolous complaints.

The bill was passed by Lok Sabha in 2011 and was taken up by the Rajya Sabha in 2012 for consideration.

Rajya Sabha made two new proposals in the bill.

First, the definition of disclosure was amended to include wilful misuse of power or wilful misuse of discretion which leads to demonstrable loss to the government or demonstrable gain to the public servant or any third party.

Second, the definition of competent authority to which a complaint can be made has also been expanded.

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