By Apalka Bareja and Aishwarya Rajput
Introduction
“Whistleblower- A catalyst for change; a person who triggers systemic reforms and societal improvements.”
A whistleblower is an individual who exposes illegal, unethical, or harmful activities within an organization. This person often works within the organization itself and has firsthand knowledge of the wrongdoing.
In today’s corporate world, integrity and transparency are essential. Every year on June 23, World Whistleblower Day recognizes the bravery of individuals who expose wrongdoing, even at great personal cost. These whistleblowers are crucial in maintaining accountability and ethical standards across industries. However, whistleblowers often face significant risks, including retaliation. [1]
Whisteblowing Instances in India- the Saga
India’s First Whistleblower (2002)
- Whistleblower: Satyendra Dubey, a courageous Indian Engineering Service officer, became a symbol of integrity and transparency when he exposed corruption within the Golden Quadrilateral highway construction project[2].
- Details: In November 2002, he wrote a letter to the Prime Minister’s Office (PMO) outlining the rampant corruption and compromised quality standards. Despite requesting anonymity, his identity was revealed, leading to his tragic murder in November 2003.
- Impact: Dubey’s sacrifice sparked public outrage and ignited a movement for change. His story highlighted the dangers faced by whistleblowers who dare to expose wrongdoing. In response to this tragedy, the Whistleblower Protection Act, 2014 was enacted to safeguard whistleblowers. This landmark legislation provides legal protection to individuals who report corruption and misconduct.
Satyendra Dubey’s legacy continues to inspire and motivate people to speak out against corruption. His story serves as a powerful reminder of the importance of whistleblowing and the need for a society that values transparency, accountability, and justice.
The Coal Scam (2012)
- Whistleblower: A. K. Srivastava
- Details: The Coal Allocation Scam centered on the irregular allocation of coal blocks by the Ministry of Coal between 2004 and 2009. The allocation was made without competitive bidding, which led to significant losses to the public treasury.
- Impact: A.K. Srivastava, an officer with the Coal Ministry, was among those who exposed the misuse of authority and irregularities in coal block allocation. This led to a CBI investigation and calls for policy reforms. Several politicians, including ministers, were implicated.
The Commonwealth Games Scam (2010)
- Whistleblower: M. K. Kaushik
- Details: The Commonwealth Games held in Delhi in 2010 were mired in allegations of massive corruption, with inflated bills, embezzlement, and mismanagement of funds. A whistleblower, M. K. Kaushik, an officer in the organizing committee, revealed that contractors and officials were involved in fraudulent activities.
- Impact: The whistleblowing led to inquiries and criminal investigations, leading to several arrests, including high-ranking officials and contractors involved in the scam.
The Vyapam Scam (2013)
- Whistleblower: Dr. Anand Rai
- Details: The Vyapam scam was one of the largest education scams in India, involving the rigging of state-level exams for medical and engineering colleges, including recruitment exams for government jobs in Madhya Pradesh. Dr. Anand Rai, a medical student, played a key role in exposing the scam and highlighting the role of politicians, bureaucrats, and middlemen in orchestrating the fraud.
- Impact: The whistleblowing led to the investigation of hundreds of people, including high-ranking politicians and officials. The scandal led to widespread media coverage and a significant push for electoral and examination reforms. However, the case is also infamous for the mysterious deaths of several people linked to the investigation.
Need of a Whistleblower to Curb Wrongdoings
To foster a culture of openness and accountability, organizations must implement robust anti-retaliation policies and encourage employees to report concerns confidentially. By protecting whistleblowers and promoting ethical behavior, companies can build trust and long-term success.
The complexities of whistleblowing, both in the private and public sectors, require careful consideration. In the private sector, whistleblowing serves as a vital tool to expose internal wrongdoing, including financial fraud, regulatory violations, and unethical behavior.
In the public sector, whistleblowing is a civic duty that helps uncover corruption, abuse of power, and inefficiencies that undermine the government’s integrity. Whistleblowers in the public sector often face significant personal risks, including intimidation and threats.
How Can Whistleblowing Be Used to Report Misconduct in Different Sectors?
| TYPE OF WHISTLEBLOWING | DESCRIPTION | EXAMPLES |
| Corruption and Abuse of Power | Reporting misuse of power, political corruption, or misconduct by public officials or law enforcement. | -Police misconduct – Political corruption – Abuse of authority by government officials or politicians |
| Environmental Violations | Exposing illegal or unethical environmental practices, such as pollution or resource mismanagement. | – Illegal dumping of hazardous waste – Violating environmental regulations – Falsifying pollution data |
| Health and Safety Violations | Reporting unsafe working conditions or public health risks that endanger individuals or communities. | – Unsafe working conditions in factories – Inadequate infection control in hospitals – Hazardous building conditions |
| Human Rights Violations | Exposing violations of human rights in institutions like prisons, schools, or hospitals. | – Prison abuse or torture – Discrimination in schools or workplaces – Abuse of vulnerable populations (e.g., children, minorities) |
| Product Safety Issues | Reporting defects or safety issues in products that could harm consumers or the public. | – Defective consumer products – Faulty construction materials – Unsafe automobiles (e.g., faulty airbags or brakes) |
| Scientific and Medical Misconduct | Revealing unethical research practices, falsification of data, or unsafe medical treatments. | – Fabricated clinical trial results – Unapproved drugs on the market – Falsified scientific research findings |
| Discrimination and Harassment | Reporting workplace discrimination, harassment, or abuse based on race, gender, or other protected traits. | – Sexual harassment in the workplace – Racial discrimination in hiring or promotion – Gender bias in salary or benefits |
| Terrorism and National Security Threats | Exposing threats to national security, unlawful surveillance, or misuse of classified information. | – Illegal surveillance by government agencies – Security breaches in defence organizations – Whistleblowers revealing national security violations. |
| Consumer Protection Violations | Reporting deceptive marketing practices, false advertising, or consumer fraud. | – Misleading health product claims – False advertising of defective products – Consumer fraud in business practices |
| Privacy Violations | Exposing misuse, breach, or mishandling of personal data or privacy violations by organizations. | – Data breaches in tech companies – Selling customer data without consent – Violating privacy laws |
How to Report- a Guide for Whistleblowers
The Whistleblower Protection Act, 2014[3] outlines specific steps to follow when submitting a complaint:
| STEP | DESCRIPTION |
| 1. Identify the Alleged Misconduct | The whistleblower must first identify and be aware of the misconduct they intend to report. This could be related to corruption, abuse of power, or any other illegal or unethical activity involving a public servant or official. |
| 2. Filing a Complaint to a Competent Authority | The whistleblower must file the complaint with the Competent Authority. The Competent Authority is defined as an official or agency that is authorized to deal with the matter. Note: The complaint must contain specific details regarding the corruption or misconduct, and it must not be anonymous. The whistleblower must verify their identity by providing their name and other required information. |
| 3. Acknowledgment of Complaint | Once the complaint is submitted, the Competent Authority acknowledges receipt of the complaint. The authority is then responsible for reviewing the complaint and initiating an inquiry or investigation into the matter. |
| 4. Investigation | The Competent Authority or an authorized investigating agency will conduct an inquiry to examine the validity of the complaint. The whistleblower may be asked to provide additional information or evidence to support their claims. |
| 5. Protection Against Retaliation (Section 11) | If the whistleblower fears victimization or retaliation, they can request protection from the Competent Authority. The law provides safeguards against victimization, including suspension, harassment, or other punitive actions, based on the allegations made. |
| 6. Decision or Action by Competent Authority | After the inquiry, the Competent Authority will take necessary actions, including: – Disciplinary action against the guilty official(s). – Reporting the findings to the relevant authorities or agencies. |
| 7. Appeal Process | If the whistleblower is dissatisfied with the decision or the actions of the Competent Authority, they can file an appeal. The appeal must be filed within 60 days from the date of the order with the High Court having jurisdiction over the matter. |
| 8. Penalties for False Complaints or Retaliation (Section 16) | – Anyone who knowingly files a false complaint or maliciously accuses a public servant can be punished with a fine of up to Rs. 50,000 and/or imprisonment up to 3 years. – If anyone reveals the identity of the whistleblower in violation of the law, they may also face a fine of up to Rs. 50,000 and imprisonment of up to 3 years. |
| 10. Time Limit for Filing Complaints | Complaints must be filed within seven years from the date of the alleged incident or misconduct. |
| 11. Filing of Anonymous Complaints | Anonymous complaints are not allowed under the Act. The whistleblower must provide their full details and identity. |
Conclusion
Whistleblowing, the act of exposing wrongdoing within an organization, is increasingly recognized as a critical tool for maintaining transparency, accountability, and ethical standards. As societies become more complex and interconnected, the potential for misconduct and abuse of power grows.
It is important to recognize the risks whistleblowers often face, such as job loss, social ostracism, and even legal repercussions. To encourage whistleblowing, it is essential to have strong legal protections in place to safeguard whistleblowers and provide them with adequate support. By recognizing the importance of whistleblowing and implementing effective legal frameworks, societies can create a more transparent and accountable environment.
Ultimately, whistleblowing can serve as a powerful catalyst for positive change, driving progress and fostering a more transparent and accountable society.
[1] Available at https://www.transparency.org/en/news/world-whistleblowers-day-2021-speaking-up-against-corruption-crucial-just-world-alacs-can-help
[3] Available at https://thc.nic.in/Central%20Governmental%20Acts/Whistle%20Blowers%20Protection%20Act,%202014..pdf