Information impacting foreign relations kept out of whistle blowers bill ambit

NEW DELHI: Information that could compromise strategic and economic interests and impact foreign relations have been kept out of the ambit of a bill which seeks to protect whistle blowers from harassment.


The Union Cabinet is likely to consider official amendments to the Whistle-blowers Protection Bill tomorrow.

Though the official amendments were moved in the Rajya Sabha last year, the bill could not come up for proper discussion and passage. It came up for consideration on August 14 last year but the House was adjourned due to the demise of Union minister Vilasrao Deshmukh.

Now the Ministry of Personnel is seeking the Union Cabinet's post facto approval to the official amendments.

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

One of the key amendments include "clear prohibition" of disclosures prejudicially affecting the sovereignty and integrity of the country. It also bars disclosure of information which could compromise strategic, scientific and economic interests of the country and affect foreign relations.

The Whistle-blowers' Protection Bill, 2012 has already been approved by the Lok Sabha without a debate in 2011.

Matters related to corruption and human rights violations in defence forces and intelligence agencies will also be covered by the bill.

An amendment moved by the government in the Lok Sabha during the winter session of Parliament in 2011 sought to exempt the Special Protection Group from the purview of the proposed law in view of the sensitive nature of the organisation.

The Whistle-blowers Protection Bill also provides for punishment for disclosing the identity of the whistle blower.

At the same time, if there is a frivolous complaint given by whistle blowers, there is adequate provision for taking action against them.

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".

As per provisions of the bill, before closing any complaint of corruption, the competent authority will have to discuss the matter with the complainant.

After the passage of the bill in the Upper House, it would travel back to the Lower House in view of the amendments.