Jurisdiction - India
Reports and Analysis
India – The Whistle Blowers Protection Bill.

29 April, 2014

 

 

The Whistle Blowers Protection Bill, 2011 (‘Bill’), which was pending with the Indian Parliament for several years, was passed by the Rajya Sabha (Council of States) without any amendment on February 21, 2014. The Bill was earlier passed by the Lok Sabha (House of the People), on December 27, 2011. The Bill is currently awaiting assent from the President of India.


The Bill replaces the 2004 Government resolution in this regard, and sets up a mechanism to receive complaints of corruption or criminal offence or willful misuse of power or discretion by a public servant, which causes loss to the Government (or causes wrongful gain to a public servant or to any third party). The definition of “public servant” does not include a judge of SC or a High Court.


The Bill establishes a competent authority to which disclosures can be addressed. While a person filing a complaint is required to make a personal declaration that the information disclosed and the allegation meted out against a public official is reasonably true, the Bill ensures that the identity of the complainant is concealed, except to the head of the relevant Government department (if he deems it necessary and unless revealed by the complainant himself). The complainant is ensured protection against victimisation under the Bill, which includes protection from initiation of any proceedings on the ground that the complainant has made a disclosure against the public servant. However, the Bill does not apply to armed forces. The Bill also amends provisions of the Prevention of Corruption Act, 1988, to enhance the penalties applicable for violation.

 

AZB

 

For further information, please contact:

 

Zia Mody, AZB & Partners
zia.mody@azbpartners.com

 

Abhijit Joshi, AZB & Partners 
abhijit.joshi@azbpartners.com


Shuva Mandal, AZB & Partners 
shuva.mandal@azbpartners.com

 

Samir Gandhi, AZB & Partners
samir.gandhi@azbpartners.com


Percy Billimoria, AZB & Partners 
percy.billimoria@azbpartners.com

 

Aditya Bhat, AZB & Partners 
aditya.bhat@azbpartners.com

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