Government says Whistleblowers Protection Act likely to be amended
The Act seeks to protect whistleblowers, persons making a public interest disclosure related to an act of corruption, misuse of power and more.
By TNN | Updated:
NEW DELHI: After the land acquisition act, another flagship UPA legislation is likely to come under the scanner. The government is planning to amend the Whistleblowers Protection Act less than a year after it received Parliament's approval.
In response to a RTI by NCPRI activist Amrita Johri, the DoPT said, "A proposal to introduce necessary Bill for amendment of the Whistleblowers Protection Act, 2011 is under consideration of the government. The relevant file is under submission to higher authorities for placing the matter before the Cabinet and a final decision in the matter is yet to be taken by the Cabinet."
The Act seeks to protect whistleblowers, persons making a public interest disclosure related to an act of corruption, misuse of power, or criminal offence by a public servant. It brings within its mandate any public servant or any other person including a non-governmental organization who may make such a disclosure to the central or state vigilance commission.
The NDA government proposes to amend the Act and keep issues of national security out of its purview. According to sources a system would also be put in place to identify information that can be shared under the Act.
The Act was passed in much haste by the UPA government in February and received presidential assent in May. However, the legislation has not been operationalized in the last six months as the rules have not been notified. This has been a dampener for activists and whistleblowers alike who do not receive any kind of protection despite the existence of a law.
During the last days of UPA rule, BJP had proposed certain amendments in the bill when it came up for consideration and passage in the Rajya Sabha. One was to bar whistleblowers from seeking information on national security. The UPA government had agreed to the amendment saying it was necessary.
But UPA floor managers had requested BJP not to press for it during the bill's debate in the Upper House as an amended bill will have to be reverted to Lok Sabha for its nod, which was not feasible as Parliament's session was concluding soon.
In response to a RTI by NCPRI activist Amrita Johri, the DoPT said, "A proposal to introduce necessary Bill for amendment of the Whistleblowers Protection Act, 2011 is under consideration of the government. The relevant file is under submission to higher authorities for placing the matter before the Cabinet and a final decision in the matter is yet to be taken by the Cabinet."
The Act seeks to protect whistleblowers, persons making a public interest disclosure related to an act of corruption, misuse of power, or criminal offence by a public servant. It brings within its mandate any public servant or any other person including a non-governmental organization who may make such a disclosure to the central or state vigilance commission.
The NDA government proposes to amend the Act and keep issues of national security out of its purview. According to sources a system would also be put in place to identify information that can be shared under the Act.
The Act was passed in much haste by the UPA government in February and received presidential assent in May. However, the legislation has not been operationalized in the last six months as the rules have not been notified. This has been a dampener for activists and whistleblowers alike who do not receive any kind of protection despite the existence of a law.
During the last days of UPA rule, BJP had proposed certain amendments in the bill when it came up for consideration and passage in the Rajya Sabha. One was to bar whistleblowers from seeking information on national security. The UPA government had agreed to the amendment saying it was necessary.
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But UPA floor managers had requested BJP not to press for it during the bill's debate in the Upper House as an amended bill will have to be reverted to Lok Sabha for its nod, which was not feasible as Parliament's session was concluding soon.
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