Whistleblowers India

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India fifth country to have whistleblowers law

Posted by ekavi on June 18, 2006

India fifth country to have whistleblowers law

NEW DELHI, DHNS:
http://www.deccanherald.com/deccanherald/apr272004/n6.asp

India became the fifth country after UK, USA, Australia and New Zealand to have a law to protect whistleblowers who give information on corruption in public life, Solicitor General Kirit N Raval told the Supreme Court on Monday.

Appearing in the matter pertaining to the murder of Satyendra Dubey, a whistle blower, Mr Raval said that the Ministry of Personnel notified a resolution on April 21 empowering the Chief Vigilance Commission (CVC) as the designated agency to receive all complaints alleging corruption in public life pertaining to the Central Government.

On the direction of the apex court, Mr Raval had framed the guidelines for the protection of whistleblowers as an interim measure before Parliament took up a Bill in this regard. After minor modification, the Centre has accepted the guidelines leading to its notification in the form of a resolution.

The notification made the leakage of the name of the whistle blower an offence and gave power to the CVC to conduct preliminary inquiry into the complaint and initiate appropriate proceedings against the government employees. For this the CVC will devise an appropriate machinery, the notification said.

After making discreet inquiries on a complaint, if the CVC thinks that the matter requires further investigation, it can seek comments or explanation from the Head of the department or organisation concerned. If allegation of misuse of office is substantiated, the CVC shall assess the loss caused to the government, recommend initiation of criminal proceedings against the culprits and corrective measures to prevent recurrence of such events, the notification said.

The CVC may seek the assistance of CBI or local police to complete the investigation. If the complainant is victimised, the CVC would provide protection to him or her. If the complainant is motivated or vexatious, the CVC shall be at liberty to take appropriate steps.

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