Whistleblowers

Protection Act, 2011

 The Whistleblowers Protection
Act, 2011
An Act to provide protection to
whistle blowers and provide
safeguards against their
victimization.
Alternative mechanism to
inquire into complaints made
while invoking the WBP Act.
 Who can make a complaint
under the Act?
Any public servant
Any other person
Any non-governmental
organisation

However, no provision for anonymous

complaints.
 What can you blow the Whistle
about?
Under this act you can file complaints against
public servants (except judges of SC & HC)
relating to the actual commission or attempt to
commit,
(i) an offence under the Prevention of
Corruption Act, 1988;
(ii) wilful misuse of power or wilful misuse of
discretion by virtue of which demonstrable loss
is caused to the Government or demonstrable
wrongful gain accrues to the public servant or
to any third party;
(iii) a criminal offence

Public servant as defined under the PCA

To whom can a complaint be made?
Complaint in writing or electronically to the
designated competent authority under the Act
The PM/CM for Ministers
Chairman/ Speaker of legislature for MPs/MLAs
High Court in relation to any subordinate judge
Central/State Vigilance Commissions/other
designated authority, for employees of Central & State
Government organizations
Appropriate CA to be designated for Armed Forces/
forces charged with the maintenance of public order/
any intelligence organisation or any person connected
with the telecommunication systems for these
organisations.
What protection is available?
Concealment of identity of complainant
Protection against victimisation of
complainant or anyone who has rendered
assistance in inquiry
Protection (including police protection) for
complainant, witness or anyone who has
rendered assistance in inquiry

However, imprisonment up to 2 years, and

fine up to thirty thousand rupees, for mala
fidely and knowingly filing
incorrect/false/misleading complaint
 Process
Protection

! !
Complaint
(Identity concealed) Directions of
Prison & CA
Prison and penalty for revealing

fine for Discreet Enquiry

false
complaint
Victimisation
identity

Seek Report from HoD

! (CA has powers of civil court)
Opportunity
of hearing
Penalty up to
fifty
thousand for
not
furnishing
report Directions of
CA
Recommendations to Close the
the public authority complaint
!! Penalty
for non-
complianc
 Identity Protection for Complainant
Competent Authority (CA) to conceal identity
Identity can only be revealed with prior
written permission of complainant (5(4))
However, identity may be revealed at
discretion of Competent Authority (S 13)
Seeming inherent contradictions and dangers
Imprisonment up to 3 years, and fine up to
fifty thousand, for negligent or mala fide
revelation of identity.
 Inquiry
CA may seek assistance of the CBI/ police authorities/ any
other authority to carry out inquiries under the Act
For the purpose of inquiries, CA shall have all the powers of a
civil court:
summoning and enforcing the attendance of any person
and examining him on oath;
requiring discovery and production of any document;
receiving evidence on affidavits
requisitioning any public record
issuing commissions for the examination of witnesses or
documents;
such other matters as may be prescribed.
 Protection against Victimization
CA to take action and give directions to prevent or
avoid victimisation on receipt of application
seeking redress
Opportunity of hearing to the complainant and
the public authority/servant before issuing
directions
Burden of proof on the public authority
Directions of CA are binding
Penalty up to thirty thousand rupees for non
compliance with CA directions
CA may direct restoration of status quo ante in
relation to public servants
 Recommendations to PA
Recommendations to PA:
Initiate proceedings against concerned public
servant
Take administrative steps to redress loss
caused to Government;
Initiate criminal proceedings
Take corrective measures
Any other measures
PA to act on recommendations within 3
months (max. 6 months) or record
reasons in writing for disagreement
 Problems
No action on complaints made after expiry of
seven years from the date of offence
Arbitrary exemptions: Provisions of this Act do
not apply to the Special Protection Group
(SPG), Judges of Supreme Court & High Court
What constitutes victimisation is not
comprehensively defined
No appeal u/s 20 against penalty imposed on
complainant u/s 17
CA for PM/CM?
 Rules to be prescribed for:
Procedure for disclosure
Manner and time-frame for discreet
inquiry
Form of annual report of CA
Additional matter in respect of which the
CA may exercise the powers of a Civil
Court
Any other matter which is required to be,
or may be, prescribed.