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Whistle-blowers’ Protection Bill in RS
Girja Shankar Kaura
Tribune News Service

New Delhi, August 14
The government today introduced the Whistle-blowers' Protection Bill, 2011, in the Rajya Sabha which seeks to set up a regular mechanism to encourage persons to disclose information on corruption or wilful misuse of power by public servants, including ministers.

The Bill, which has already been passed by the Lok Sabha, could not get the nod of the upper house as the House had to be adjourned due to the death of Union Minister for Science and Technology and Earth Sciences Vilas Rao Deshmukh.

The discussion on the Bill, which was moved by Minister of State in PMO V Narayansamy, was still underway when the news of Deshmukh’s death came, forcing Tariq Anwar, who was in the Chair, to adjourn the House immediately as a mark of respect.

The Bill has been moved in the Rajya Sabha with a small amendment under which matters impacting national security, sovereignty and integrity of the country have been kept out of the ambit of the bill.

The legislation, which is one of the important anti-corruption bills, was passed in Lok Sabha during winter session along with the Lokpal Bill, which is now with the select committee.

The government had made efforts to move the Bill in the Rajya Sabha during the budget session also but had to be defer it as the Opposition members sought more time to study the bill and suggest amendments.

The Bill seeks to provide "adequate protection to persons reporting corruption or wilful misuse of discretion which causes demonstrable loss to the government or commission of a criminal offence by a public servant."

While the measure sets out the procedure to inquire into the disclosures and provides adequate safeguards against victimisation of the whistle-blower, it also seeks to provide punishment for false or frivolous complaints. Introducing the Bill, Narayansamy said matters related to corruption and human rights violations in the defence forces and intelligence agencies would also be covered by the bill. The Special Protection Group has been exempted from the Bill in view of the sensitive security matters. The minister said the Bill aims to provide security to whistle blowers, a number of whom, including Satyendra Dubey have been harassed.

The minister said the bill also provides for punishment for disclosing the identity of the whistle blower.

Narayansamy said as per the provisions of the Bill, before closing any complaint of corruption, the competent authority will have to discuss the matter with the complainant.

The Bill was supported by the members from the Opposition parties.

Its domain

The matters impacting national security, sovereignty and integrity of the country have been kept out of the ambit of the Bill.

Matters related to corruption and human rights violations in the defence forces and intelligence agencies would be covered by the Bill.

The Special Protection Group has been exempted from the Bill in view of the sensitive security matters

The Bill

The Bill seeks to set up a regular mechanism to encourage persons to disclose information on corruption or wilful misuse of power by public servants, including ministers.

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