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Union government moots a bill to 'protect' whistle blowers, but in effect it could well be a bill to protect against whistle blowers. The bill stipulates that the "disclosure" by defeinition is a complaint relating to an offence under the Prevention of Corruption Act, 1988, or against wilful misuse of power or discretion by a public servant (that is, it has to be shown that the public servant wilfully misused his or her power or discretion, as if misuse of power or discretion could be unintentional, too). Thirdly, such misuse should have caused demonstrable loss to the government or helped the public servant to accrue demonstrable gain. putting such near impossible conditions can only deter a whistle blower. Moreover it stipulates a prison term, which may extend up to two years, and a fine, which may extend up to Rs.30,000, for persons who make vexatious and frivolous complaints rather than giving some awards or any kind of complements for the whistle blowers. It also excludes Corporates, Army, intelligence agencies and many pther personnel from the purview of the bill. Against our expectations the bill also intend to reveal the identity of the whistle blower. were the intentions of the Government real it could have reffered to similar laws in countires like, US, UK, South Africa or Khana where Army too comes aunder the law. There they provide for many complimentary benefits for Whistle blowers including the one's from Corporate world and also provide with efficient safeguards. THE BILL BUT FOR ITS NAME (Public Interest Disclosure and Protection to Persons Making the Disclosure Bill, 2010) COULD WELL BE AN INSTRUMENT AGAINST WISTLE BLOWERS.

read more from P B Jijeesh at pbjijeesh.in