'Ten exemptions by Modi government in amended Whistleblowers Protection Bill'

NEW DELHI: The Cabinet note on Whistleblowers Protection Bill, accessed under the Right to Information ( RTI) Act, reveals that the BJP government introduced certain exemptions to the legislation arguing that citizens cannot have an absolute right to make disclosures about wrongdoing.

The Modi government had introduced amendments to the Whistleblower Protection Act, passed during the Congress-led UPA regime, to introduce certain categories of exemptions. The amendment Bill, passed by Lok Sabha in the Budget session, had faced the ire of Opposition parties as it introduced 10 categories of exemptions including deliberations of the Council of Ministers, a breach of privilege of legislatures.

RTI activist Venkatesh Nayak had filed an application under the RTI Act to access the Cabinet note. The note justifies the amendments to the legislation saying, “In the absence of any restrictions… the provision confers an absolute right on the whistleblower to make disclosures…”

While all other countries have exempted any information that affects the sovereignty and integrity of the nation, India has gone a step ahead and included more categories.

A comparative study conducted by PRS Legislative reveals that countries like South Africa and Ghana have no exemptions when it comes to whistleblowing. Any citizen can make revelations for public purpose. While the Cabinet note has justified exempting matters related to national security and sovereignty and integrity of India, it has given no rationale to introduce additional categories from exemptions.

Nayak said, “The government has taken all the categories exempted from disclosure under RTI Act lock stock and barrel into the Whistleblowers Protection Bill. Now it becomes almost impossible for a whistleblower to disclose anything which has not been accessed under RTI Act.”