Whistleblowers protection act
SATISH CHANDRAN
(Querist) 10 January 2012
This query is : Resolved
What is the overall view on Whistle blowers protection Act 2011?
Is there any provision reg the persons making false allegations?
ajay sethi
(Expert) 10 January 2012
section 31 of the act contains provision for making false complaints . if false complaints are made lokpal can impose fine upon the complainant .
section 31
Notwithstanding anything contained in this Act, if someone makes any false or
frivolous complaint under this Act, the Lokpal may impose such fines on that complainant as
it deems fit:
Provided that no fine can be imposed without giving such person a reasonable
opportunity of being heard.
(2) Fines imposed under sub-section (1) shall be recoverable as dues of land revenue
Deepak Nair
(Expert) 10 January 2012
Thanks Ajay sir for this update.
Devajyoti Barman
(Expert) 10 January 2012
I think Gazette Notification of the Act is yet to be done.
Raj Kumar Makkad
(Expert) 14 January 2012
Key Issues and Analysis
The Bill aims to balance the need to protect honest officials from undue harassment with protecting persons making a public interest disclosure. It punishes any person making false complaints. However, it does not provide any penalty for victimising a complainant.
The CVC was designated to receive public interest disclosures since 2004 through a government resolution. There have been only a few hundred complaints every year. The provisions of the Bill are similar to that of the resolution. Therefore, it is unlikely that the number of complaints will differ significantly.
The power of the CVC is limited to making recommendations. Also it does not have any power to impose penalties. This is in contrast to the powers of the Karnataka Lokayukta and the Delhi Lokayukta.
The Bill has a limited definition of disclosure and does not define victimisation. Other countries such as US, UK, and Canada define disclosure more widely and define victimisation.
The Bill differs on many issues with the proposed Bill of the Law Commission and the 2nd Administrative Reform Commission’s report. These include non-admission of anonymous complaints and lack of penalties for officials who victimise whistleblowers.
As the same has now become Act so this word be read in place of bill as no any change therein has been brought except change of word.
