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Protecting Whistleblowers
Panel wants law to cover PM, SC judges & forces
Aditi Tandon
Tribune News Service

New Delhi, June 12
The government has come under intense pressure to address corruption in high places, with the Parliamentary panel reviewing the much-awaited law on the protection of whistleblowers recommending the inclusion of the PM, the Council of Ministers and of the SC judges in the scope of the law.

Rejecting the original “Public Interest Disclosure and Protection of Persons Making Disclosures Bill” introduced in the Lok Sabha last August, the Standing Committee on Law and Justice has further asked the government to cover armed forces, intelligence and security agencies under the ambit of the law to make them accountable.

In doing so, the Committee, headed by Congress leader Jayanti Natarajan, trashed the suggestions of the Ministry of Defence (which wanted the armed forces excused) and those of the Ministry of Personnel, which wanted the ministers (including the PM) left out for the present.

The Department of Personnel earlier told the committee that government officials were anyway covered by the Bill that provided mechanism for people to complain against corrupt public servants and also to protect whistleblowers.

The committee, however, ruled that the armed forces, security and intelligence officials and even members of regulatory bodies like the TRAI and the IRDA must all be made answerable for their acts. “This law will be a historic step forward in the transparency revolution to protect those who dare to bare corruption and we recommend that the government amend it to cover the ministers and higher judiciary. We further hope that the Lokpal Bill Drafting Panel would view our recommendations and draft provisions that ensure harmony and not conflict in all anti-corruption laws. That’s not to say we anticipate conflict,” Jayanti said.

The committee’s stand strengthens the hands of Anna Hazare-led civil society members in the Lokpal Bill panel, who want the PM, judges and the MPs covered by the Lokpal though government members in the panel appear resistant. A cabinet minister on the panel said the committee had no view on the issue and would go by the result of a dialogue.

Meanwhile, whistleblowers can be assured of protection of identities if the government accepts parliamentary panel’s recommendations.

“We have also said the whistleblower’s identity must not be revealed to even his head of department unless he consents to doing so in writing,” said Jayanti, who has recommended the coverage of private sector institutions by the law, which names the CVC and the state vigilance commissioners the complaint redressal authorities.

The panel has further suggested removal of the clause that bars filing of complaints older than five years; removal of a two-year penalty in case of frivolous complaints; mandatory definition of victimisation of the whistleblower, and also protection for the latter’s supporters.

‘Bring ministers too under its ambit’

The Parliamentary panel, while seeking the inclusion of ministers in the law, said public servants were mere instruments in the acts of corruption and the Bill would not serve any purpose if those wielding actual power were left uncovered.

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