Lok Sabha Question No. 2178 (UNSTARRED), answered on 2017-03-15
Subject: Whistleblower Protection Law
Ministry: PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Asked by: P. C. MOHAN

## GOVERNMENT OF INDIA

## MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (DEPARTMENT OF PERSONNEL & TRAINING)

## LOK SABHA UNSTARRED QUESTION NO. 2178

(TO BE ANSWERED ON 15.03.2017)

## WHISTLEBLOWER PROTECTION LAW

## 2178. SHRI P.C. MOHAN:

Will the PRIME MINISTER be pleased to state:

- (a) whether the Government has implemented the Whistleblowers protection law which was passed by the Parliament in February, 2014;
- (b) if so, the details thereof and if not, the reasons therefor;
- (c) whether the Government is having details of murders of RTI activists in India and the action taken by the Government to implement the Whistleblowers protection scheme by various States;
- (d) if so, the details thereof, Statewise during the last three years and the current year; and
- (e) the action taken by the Government in this regard?

## ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister's Office. (DR. JITENDRA SINGH)

(a) & (b): The Whistle Blowers Protection Bill, 2011 was passed by the Lok Sabha on the 27 th of December, 2011. The Bill as passed by Lok Sabha was finally passed by Rajya Sabha on 21 st February, 2014 and received the assent of the President on 09 th May, 2014. As the Bill was  taken  up  on  the  last  day  of  the  last  Session  of  the  15 th Lok  Sabha,  the  official amendments to the Bill aimed at safeguarding against disclosures affecting sovereignty and integrity of India, security of State, etc. were not moved. The proposed amendments are of crucial  nature  and,  therefore,  the  Act  can  be  brought  into  force  only  after  necessary amendments are carried out. To make these amendments to the Whistle Blowers Protection Act,  2014,  the  Government  has  introduced  the  Whistle  Blowers  Protection  (Amendment) Bill, 2015 in the Lok Sabha on 11 th May, 2015 which has been passed by the Lok Sabha on 13 th May, 2015. The said Bill is presently pending in the Rajya Sabha.

(c)  to  (e):  The  Central  Vigilance  Commission  has  informed  that  there  is  no  such  case  of murder of any Whistleblower/RTI activists, which has come to their  notice during the last three  years  and  the  current  year  under  the  Public  Interest  Disclosure  and  Protection  of Informers (PIDPI) Resolution, 2004.

There  are  some  media  reports  that  some  persons  have  been  assaulted,  missing  and killed in the last three years allegedly due to their RTI related activism.  However, the data regarding murders of RTI activists is not maintained centrally.

Under the PIDPI Resolution, 2004, the Central Vigilance Commission (CVC) and the Chief Vigilance Officers of the Ministries/Departments of the Central Government have been authorized  to  receive  written  complaints  for  disclosure  on  any  allegation  of  corruption  or misuse of office and recommend appropriate action. The  CVC, after receipt of representation(s)  about  threats  to  life  of  Whistle  Blowers,  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. On the advice of Ministry  of  Home  Affairs,  State  Governments  have  appointed  Nodal  Officers  in  the respective States to whom such matters are referred.