If amendment bill to the Whistleblowers Protection Act 2011 tabled in the Parliament is passed, there may…

Question

If amendment bill to the Whistleblowers Protection Act 2011 tabled in the Parliament is passed, there may be no one left to protect. Critically Evaluate.

Ghissu Editorial · Accepted Answer

The charge is largely valid: by importing the RTI Act's Section 8(1) exemptions without a public interest override and removing the Official Secrets Act shield, the 2015 Bill would leave the gravest disclosures unprotected. Only petty corruption, such as bribery and misused funds, would stay reportable.

**Introduction**

The murders of Satyendra Dubey (2003) and Manjunath Shanmugam (2005) led to the Whistle Blowers Protection Act, passed by the Lok Sabha in 2011 and enacted in 2014. The 2015 Amendment Bill, passed by the Lok Sabha in May 2015, sought to fence off whole classes of disclosure.

**What the 2015 Amendment Bill Changes**

1. **RTI exemptions imported**: The Bill bars disclosures touching security, economic interests, Cabinet papers, commercial confidence and personal data, mirroring Section 8(1) of the RTI Act, unless already obtained under RTI.
2. **Shield removed, gate added**: It deletes the Official Secrets Act override and lets a government-chosen authority decide finally whether a disclosure is barred.

**Will Anyone Be Left to Protect?**

SKETCH: iceberg | What the Bill Leaves Protected
visible: Petty bribery, Misuse of funds
hidden: Contract frauds, Defence deals, Policy capture, Security lapses

1. **Core of corruption excluded**: Big-ticket graft lies in contracts and procurement, so even Dubey's complaint would arguably fall within "commercial confidence".
2. **Wrong yardstick**: Whistleblowers report in confidence to the CVC, not to the public, yet the Bill omits the public-interest override of Section 8(2) of the RTI Act.
3. **The government's case**: The 2014 Act had no filter for security leaks, and bribery or misused funds remain reportable, so "no one" overstates the loss.

**Way Forward**

1. **Public interest test**: A harm versus public interest test by the CVC, as in the UK's Public Interest Disclosure Act, 1998, and secure channels under Article 33 of UNCAC would balance secrecy and exposure.

**Conclusion**

The charge is largely valid: without a public interest override and the Official Secrets Act shield, the gravest disclosures would go unprotected, testing India's commitment to constitutional morality.

If amendment bill to the Whistleblowers Protection Act 2011 tabled in the Parliament is passed, there may be no one left to protect. Critically Evaluate.

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