Lok Sabha Question No. 245 (STARRED), answered on 2015-12-16
Subject: Protection of Whistleblowers
Ministry: PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Asked by: ADHIR RANJAN CHOWDHURY, DHARAM VIRA GANDHI

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

## LOK SABHA STARRED QUESTION NO. 245

(TO BE ANSWERED ON 16.12.2015)

## PROTECTION OF WHISTLEBLOWERS

- *245. SHRI ADHIR RANJAN CHOWDHURY: SHRI DHARAM VIRA:

Will the PRIME MINISTER be pleased to state:

- (a) whether there are reports of whistleblowers / RTI activists being attacked/killed and if so, the details of cases reported during the last two years and the current year;
- (b) the mechanism put in place by the Government to ensure protection of whistleblowers; and
- (c) whether the Government is aware of measures being taken by the State Governments to  protect  whistleblowers  to  ensure  fair  trial  in  judicial  proceedings  and  if  so,  the details thereof and if not, the reasons therefor?

## 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) to (c):    A Statement has been laid on the Table of the House.

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## STATEMENT  REFERRED  TO  IN  REPLY  TO  PARTS  (a)  TO  (c)  OF  LOK  SABHA STARRED QUESTION No.245 FOR 16.12.2015.

(a): The Central Vigilance Commission (CVC) has informed that the Commission, as 'Designated Agency' under Public Interest Disclosure and Protection of Informers (PIDPI) Resolution, 2004 has not come across any confirmed incident of victimization or killing of the complainant during the last two years and the current year. However, in two cases, the complainant, who had made complaint to the Commission under PIDPI Resolution, had alleged victimization.

There have been reports in the media that some persons have been assaulted and killed in the last three years allegedly due to their role as RTI activists. However, data regarding attack/ killing of Whistle Blowers/ RTI activists are not maintained centrally.

(b) & (c): 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  recommend  appropriate  action.  The  Government  has  now  vide  Resolution  dated 14.08.2013  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 falling under their jurisdiction. If the 'Designated Authority' in the Ministries/ Departments,  either  on  the  application  of  the  complainant,  or  on  the  basis  of  the  information gathered, is of the opinion that the complainant needs protection, the 'Designated Authority' shall take up the matter with the Central Vigilance Commission, for issuing appropriate directions to the concerned authorities.

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. On the advice of Ministry of  Home Affairs, State Governments  have appointed Nodal officers  in respective states and details about Nodal officers nominated by various State Governments has been communicated to the Commission for referring the matter to them.

Government of India had drawn the attention of State Governments to the reports appearing in the media about the victimizations of people, who use RTI to expose corruption and irregularities in  administration,  though  maintenance  of  law  and order  and providing  safety  and  security  for  all citizens is primarily the subject matter of State Government concerned.

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