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Literature from the Indian and Global Context (Whistleblower Protection Bill)

The Law Commission of India, Report on Public Interest Disclosure and Protection of Informers, 179th Report December 2001

This Report identifies whistleblowing as an important mechanism to eradicate corruption and compares the position in India to the protection given to whistleblowers under different jurisdictions (UK, EU, New Zealand, Australia, USA). It also analyses the protection to whistleblowers vis-à-vis the freedom of speech, the right to know, and the right to privacy. It also traces the various attempts that had been made to provide protection to whistleblowers in order to eradicate corruption- the Santhanam Committee Report, the Administrative Reforms Committee Report. It then analyses the Public Interest Disclosure (Protection of Informers) Bill, 2002 and makes recommendations regarding the same.

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Kaushiki Sanyal, Legislative Brief: The Public Interest Disclosure and Protection to Persons Making the Disclosures Bill, 2010, PRS Legislative Research January 24, 2011

This legislative brief captures the highlights of The Public Interest Disclosure and Protection to Persons Making the Disclosures Bill, 2010. The brief explains the context of the legislation, analyses the key features and the recommendations of the Law Commission of India and the Administrative Reforms Commission. It also provides a brief comparison the proposed Bill with the protection given to whistleblowers across different jurisdictions.

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Second Administrative Reforms Commission, Ethics in Governance, 4th Report January 2007

The Report can be accessed from the official website of the Department of Administrative Reforms and Public Grievances.

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Venkatesh Nayak, Whistleblower Bill in India – A case of the right hand not knowing what the left hand has done, Human Rights Initiative August 27, 2010

This article contains the highlights of the recommendations made by the 2ndAdministrative Reforms Commission in its 4th Report. It also critiques the recommendations of the Report.

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Parliamentary Standing Committee on Personnel, Public Grievance, Law and Justice, Report on The Public Interest Disclosure and Protection to Persons Making the Disclosures Bill, 2010, 46th Report 9 June 2011

This report provides a detailed view on The Public Interest Disclosure and Protection to Persons Making the Disclosures Bill, 2010. It starts out by tracing the legislative history of the Bill. It then goes on to capture the highlights of the Bill and analyses the major issues identified in the Bill. The Committee has recommended widening the scope of government agencies that would be covered under the scope. It also asks for a better mechanism for receipt and disposal of complaints, protection of identity of the informant and other pertinent issues. The Committee concluded by welcoming the Bill and broadly endorsing its provisions.

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Kaushiki Sanyal, The Standing Committee’s Recommendations on the Whistleblower Bill, the PRS Blog, 17 June 2011

This post highlights the key points of the Standing Committee Report on the Whistleblower Bill.

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The Hindu, Measures for Fighting Corruption and Ensuring Better Governance Note for discussion on the Loksuraksha Whistleblower Protection Bill

This paper highlights the deficiencies of the Public interest Disclosure and Protection to Persons Making the Disclosure Bill 2010. This paper is an element of the Collective and Concurrent Lokpal Measures for fighting corruption and ensuring better governance. It captures the relevant provisions of the Bill and analyses the issues that arise in respect of the same.

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Venkatesh Nayak, Public Interest Disclosure and Protection to Persons Making the Disclosures Act, 2010: An analysis of the amendments introduced by the Government of India in 2011, National Campaign for People’s Right to Information for the purpose of pub

This article analyses the amendments that have been proposed by the Government of India to the Public interest Disclosure and Protection to Persons Making the Disclosure Bill 2010. The article also provides recommendations in respect to each proposed amendment.

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Cabinet to Consider Changes to Whistleblower Bill, The Times of India, July 25, 2013

This article discusses the proposed amendment to the Whistleblower protection Bill in India. The proposed amendments are qualifications to ban disclosure of information that could compromise the strategic, economic interests including Cabinet papers and deliberations that may impact foreign relations.

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S Muralidharan, Why Whistleblower Law doesn’t extend to the Private Sector, First Post, August 7, 2013 (Last Accessed 25 November 2013)

This article discusses a crucial point about how whistleblower protection does not apply to private companies. This may lead to erosion of crucial purposes that the Whistleblower Bill in India has sought to achieve. The author focuses on two main scandals: first, the Enron scandal in the USA and second, the Robert Vadra scandal.

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Dhananjay Mahapatra, SC: Can’t tell accused who whistleblower is, The Times of India, August 23, 2013 (Last Accessed August 23, 2013)

This article discusses a recent case where, the Supreme Court has ruled that identity of persons who tip off anti-corruption agencies about corrupt deals of bureaucrats can never be revealed to the accused facing prosecution under Prevention of Corruption Act. This is a welcome move towards the protection of whistleblowers.

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Daily News and Analysis, Whistleblowers to Get Protection against Threat to Life, 5 September, 2013 (Last Accessed 10 September, 2013)

This article discusses a recent amendment notified by the government whereby a central government employee, who exposes corruption in his department, would be able to get protection against any threat to his life. A nodal officer has been designated in each central ministry to look into complaints of corruption by whistleblowers.

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Rahul Sagar, Who decides what's secret: Obama or Snowden?, CNN, 15 June 2013 (Last Accessed 10 September 2013)

This article addresses the debate about the duty that Edward Snowden had to the NSA and the consequences of his leak. The author argues that Edward Snowden definitely had a duty to protect and keep secret the information that he received as an employee of the NSA. However, such duty could be over-ridden in order to undo heinous wrongs. The questions that needs to be addressed is who has the ability to decide which wrongs justify exposure and which do not.

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Editorial, Whistleblowers: Urgent Need for Legislation, Economic and Political Weekly, No. 13, March 31, 2007

This article discusses the need for a whistleblower protection in India. In particular, it discusses cases where whistleblowers have been targeted and killed due to their role in exposing corruption.

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Editorial, Will Truth Prevail, Economic and Political Weekly No.37, September 11, 2010

This article discusses the Public Interest Disclosure and Protection to Persons Making the Disclosure Bill, 2010. The author states that the moot point with respect to the Bill is how far it will be possible to implement the provisions of the proposed legislation and how far the infrastructure available will support effective implementation. Particularly, the article points out that the Bill does not cover the private sector and is with only central and state governments. Also, any disclosure of corruption made five years after the corrupt act was allegedly done will not be investigated. The author states that this provision is rather baffling and has the potential to encourage fudging of dates and backdating of documents. The author concludes by stating that the Bill needs to be revised so as to make it more effective.

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