Q15. If an amendment bill to the Whistleblowers Protection Act 2011 tabled in the Parliament is passed, there may be no one left to protect. Critically Evaluate.

Model Answer:

Introduction

The Whistleblowers Protection Act, of 2011, was enacted to provide a mechanism for the protection of whistleblowers who expose corruption, wrongdoing, or other illegal activities in public offices. However, concerns have been raised about the proposed amendment bill, which seeks to introduce certain changes to the Act.

Body

Key provisions of the amendment bill:

1. Exclusion of certain information: The amendment bill proposes to exclude specific categories of information from the ambit of whistleblowing, such as information that could compromise national security, economic security, or the strategic interests of the country. This provision aims to strike a balance between protecting whistleblowers and safeguarding sensitive information.
2. Prior approval for disclosure: The bill introduces a requirement for whistleblowers to obtain prior approval from a competent authority before disclosing any information related to the excluded categories. This provision is intended to prevent unauthorized disclosures that could harm national interests.
3. Punishment for false or frivolous complaints: The amendment bill proposes to introduce penalties for making false or frivolous complaints, aiming to discourage malicious allegations and ensure that the whistleblowing mechanism is not misused.

Critical evaluation:

1. Narrowing the scope of whistleblowing: The exclusion of certain categories of information could narrow the scope of whistleblowing, leaving potential whistleblowers unprotected in cases involving sensitive information. This may discourage individuals from coming forward with legitimate concerns, undermining the Act’s primary objective of encouraging transparency and accountability in public offices.
2. Hindering disclosures: The requirement for prior approval for disclosing sensitive information may create procedural hurdles for whistleblowers, potentially delaying or even preventing them from exposing wrongdoing. This provision could deter whistleblowers from taking action, fearing bureaucratic obstacles or reprisals from their superiors.
3. Chilling effect: The introduction of penalties for false or frivolous complaints may create a chilling effect on potential whistleblowers, who might be deterred from reporting corruption or wrongdoing due to fear of being penalized if their claims are deemed unfounded.

Conclusion

‍A careful reassessment of the proposed amendments is necessary to strike the right balance between these competing interests and ensure that the Act continues to serve as a robust mechanism for whistleblower protection. 

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Instant Mains Evaluation with SuperKalam

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