Is the Centre diluting the whistleblower protection law by excluding certain issues of national importance from its purview?

It appears so, going by the latest Amendment Bill, which was introduced in the Lok Sabha on Monday.

A likely effect of the new Bill is that whistleblowers seeking to raise issues of national importance, including those concerning national security, scientific, strategic or economic interests, may not get the desired protection.

This is because the government proposes to keep issues which impinge on the sovereignty and integrity of India outside the purview of the whistleblower law.

Beyond the purview According to the proposed amendment, a public servant cannot make any “public interest disclosure” if it could affect the sovereignty and integrity of India; the security of the state and its strategic, scientific or economic interests; friendly relations with foreign states; or lead to incitement of an offence.

Public servants cannot also disclose information relating to commercial/trade secrets or intellectual property that can harm the competitive position of a third party. Also, information received in confidence from a foreign government will not come within the purview of the whistleblower law.

Jitendra Singh, Minister of State in the Prime Minister’s Office, introduced the Bill in the Lok Sabha.

The Whistle Blowers Protection Act, 2011, which is yet to be notified despite a Presidential nod in May 2014, was enacted to protect persons making disclosures on corruption, wilful misuse of power or discretion by any public servant.

Legal experts have a mixed view on the Bill with some even seeing it as a dilution of the current law.

Ashish Bhakta, Partner, ANB Legal, pointed out that the whistle-blower protection law concerns the public sector and that the government is trying to protect issues of national importance.

“However, in the garb of protection, it tends to limit the Act and the purpose for which the law is being introduced stands defeated,” Bhakta told BusinessLine .

“The solution for the well-founded apprehension would be to build a mechanism in the Act which protects or keeps classified any disclosure that could be against national interest,” he said.

“One has to realise that this Act has come into place to disclose acts related to corruption and misuse of power, which are against the national interest,” Bhakta added.

Related Topics