Lok Sabha Question No. 4096 (UNSTARRED), answered on 2018-03-20
Subject: Attack on Whistleblowers and RTI Activists
Ministry: HOME AFFAIRS
Asked by: PARASURAMAN K., KINJARAPU RAM MOHAN NAIDU, RABINDRA KUMAR JENA

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 4096

TO BE ANSWERED ON THE 20 TH  MARCH, 2018/ PHALGUNA 29, 1939 (SAKA)

ATTACK ON WHISTLEBLOWERS AND RTI ACTIVISTS

4096.

SHRI K. PARASURAMAN: SHRI RAM MOHAN NAIDU KINJARAPU: SHRI RABINDRA KUMAR JENA:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a) whether the Government has received complaints with regard to crime, attack  and  murder  of  whistleblowers,  RTI  activists,  social  activists  and journalists in the country;
- (b) if so, the details thereof and the total number of such cases reported separately,  persons  arrested,  convicted/  acquitted  and  the  action  taken against  the  guilty  along  with  the  steps  taken  to  improve  the  conviction rate during each of the last three years and the current year, State-wise; and
- (c)  the  steps  taken  to  provide  better  protection  to  the  said  categories along with the details of advisories issued to the States to stop such cases in future?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HANSRAJ GANGARAM AHIR)

(a) to (c) As per the data furnished by NCRB, the information on State/UTwise cases registered and persons arrested, for attack on whistle blowers, RTI Activists/Social Activists and Media persons/journalists, for the offence of  causes  grievous  hurt  (under  section  325,  326.  326A  and  326B  IPC)  is collected on a monthly basis from 2017 onwards only. However, the data for 2017 is not completely available for all States/UTs.

The  Government  of  India  vide  Resolution  dated  21.04.2004  on  Public Interest  Disclosure  &  Protection  of  Informers  had  authorized  the  Central Vigilance  Commission  as  the  'Designated  Agency'  to  receive  written complaints  for  disclosure  on  any  allegation  of  corruption  or  misuse of

office  and  for  recommending  appropriate  action.  It  also  authorized  the Chief  Vigilance  Officers  of  the  Ministries/  Departments  of  the  Central Government as the 'Designated Authority' to receive written complaint or disclosure on any allegation of corruption or misuse of office in respect of any  employee  of  that  Ministry/  Department  or  any  organization.  The Commission, after receipt of such representation(s) from Whistle Blowers about threats to their life, takes up the matter with the Ministry of Home Affairs,  the  Nodal  Agency,  to  undertake  the  responsibility  of  providing security  cover  to  genuine  Whistle  Blowers.  The  Home  Ministry,  in  turn, asks  individual  State  Governments  to  examine  the  threat  and  provide security cover, if needed.

Further,  'Police'  and  'Public  Order'  are  State  subjects  under  the  Seventh Schedule to the Constitution of India, The State Governments are primarily responsible  for  prevention,  detection,  registration  and  investigation  of crime  and  for  prosecuting  the  criminals  through  their  law  enforcement agencies,  as  also  for  protecting  the  life  and  property  of  the  citizens including whistleblowers, RTI activists, social activists and journalists in the country. Further, States/ UT administrations are empowered to enact and  enforce  laws  to  curb  the  menace  of  crimes  in  their  jurisdiction,  to maintain  law  and  order  and  to  protect  the  interests  of  citizens  for maintaining peace for coexistence in the society. Ministry of Home Affairs has issued advisories from time to time which are available in Ministry's website  www.mha.gov.in.  These  advisories  include  advisories  on  RTI activists and advisory on Safety of Journalists.

****