Whistle Blowers Protection Act

Whistle Blowers Protection ActIntroductionWhistle Blowers Protection Act, 2011is an Act of the Parliament of India which provides a mechanism to investigate alleged corruption and misuse of power by public servants and also protect anyone who exposes alleged wrongdoing in government bodies, projects and offices. The wrongdoing might take the form of fraud, corruption or mismanagement. The Act will also ensure punishment for false or frivolous complaints.The Act was approved by theCabinet of Indiaas part of a drive to eliminate corruption in the country's bureaucracy.

Intent of the ActAn Act to establish a mechanism to receive complaints relating to disclosure on any allegation of corruption orwillful misuse of power or willful misuse of discretion against any public servant and to inquire or cause an inquiry into such disclosure and to provide adequate safeguards against victimization of the person making such complaint and for matters connected therewith and incidental thereto.

Salient Features of the ActThe Act seeks to protect whistle blowers, i.e. persons making a public interest disclosure related to an act of corruption, misuse of power, or criminal offense by a public servant.Any public servant or any other person including a non-governmental organization may make such a disclosure to the Central or State Vigilance Commission.Every complaint has to include the identity of the complainant.

Salient Features of the ActThe Vigilance Commission shall not disclose the identity of the complainant except to the head of the department if he deems it necessary. The Act penalizes any person who has disclosed the identity of the complainant.The Act prescribes penalties for knowingly making false complaints.

Legislative ProgressIn June 2011, a parliamentary panel recommended that ministers, the higher judiciary, security organisations, defence and intelligence forces and regulatory authorities be brought under the whistleblowers' protection bill to check corruption and the willful misuse of power.The Bill was finally approved on 9 May 2014.

Analysis of the LegislationAccording to Indian law reports, the bill has faced considerable criticism because its jurisdiction is restricted to the government sector and encompasses only those who are working for the Government of India or its agenciesit does not cover the state-government employees.

Analysis of the LegislationThe proposed law has neither provisions to encourage whistleblowing (financial incentives), nor deals with corporate whistle-blowers.It does not extend its jurisdiction to the private sector (a strange omission, after the fraud atSatyam). TheDirectorate of Income Tax Intelligence and Criminal Investigationis one of the only agencies empowered for whistle- blower protection.

Analysis of the LegislationThe bill aims to balance the need to protect honest officials from harassment with protecting persons making a public-interest disclosure. It outlines sanctions for false complaints. It does not provide a penalty for attacking a complainantCentral Vigilance CommissionCentral Vigilance Commission(CVC) is an apexIndiangovernmental body created in 1964 to address governmental corruption. It has the status of an autonomous body, free of control from any executive authority, charged with monitoring all vigilanceactivity under the CentralGovernment of India, advising various authorities in central Government organizations in planning, executing, reviewing and reforming their vigilance work.It was set up by theGovernment of Indiain February, 1964 on the recommendations of theCommittee on Prevention of Corruption to advise and guide Central Government agencies in the field of vigilance

Central Vigilance CommissionThe Annual Report of the CVC not only gives the details of the work done by it but also brings out the system failures which leads to corruption in various Departments/Organisations, system improvements, various preventive measures and cases in which the Commission's advises were ignored.

False Claims ActTheFalse Claims Act(also called the "Lincoln Law") is an Americanfederal lawthat imposes liability on persons and companies (typicallyfederal contractors) whodefraudgovernmental programs. It is the federal Governments primarylitigationtool in combating fraud against the Government.The law includes aqui tam provision that allows people who are not affiliated with the government, called "relators" under the law, to fileactionson behalf of the government.False Claims ActPersons filing under the Act stand to receive a portion (usually about 1525 percent) of any recovereddamages. Claims under the law have typically involved health care, military, or other government spending programs.The government recovered $38.9 billion under the False Claims Act between 1987 and 2013 and of this amount, $27.2 billion or 70% was from qui tam cases brought by relators.