2022-07-31 10:42:13
RTI is the basis of whistleblower. RTI is being used by individuals to ask question on the use of public funds, and unearthing corruption from panchyat to parliament.
How it is the basis for whistleblower?
Ans:- Why people will unearthen corruption when there will be the fear of loss of lives. Ex:- Satyendra dubey, satish shetty, narendra kumar,lalit mehta etc. 20 RTI users have lost their lives since 2010 in different districts across Bihar.
Who is whistleblower?
Ans:- The act of someone reporting a concern or disclosing information on acts and omissions that represent a threat or harm to the public interest.
State government should take the lead:-
1. To complete investigation in cases of whistleblower harassment in time bound manner.
2. Information must be in public domaiun as per section 4 of RTI Act for which these whistleblowers are putting their life at stake.
Ex:- Rajasthan jan soochna portal
3. Wide publicity to such information may potentially act as a deterrent against attacks on RTI users.
4. State wise whistleblower act.
At central level we have whistleblower act 2014 with following features:-
1. Anonymous Complaints: A complaint is only acted upon if the complainant discloses his identity in the complaint. Complainants providing false identities/anonymous complaints are not recognized.
2. Protection Afforded under the Act: Section 11 of the Act provides a safeguard against victimization of the complainant.
3. Punishment under the Act against false complaints: Section 17 of the Act provides that any person who makes a disclosure malafidely or knowing that the same was false or incorrect or misleading shall be punishable with imprisonment of 2 years and a fine of upto thirty thousand rupees.
LACUNA IN LAW:-
1. Whistleblowers are disliked by the government, corporations, and even society to some level, with some countries, even referring to them as "traitors." The story of Wikileaks' Julian Assange and Edward Snowden exemplifies this idea.
2. Whistleblowers face legal action, criminal accusations, social disgrace, and the possibility of being fired from any position, office, or job.
3. The Act does not allow anonymous complaints to be submitted and any anonymous complaints received are not investigated
4. Under the Act, the competent authority to whom any complaint on victimization can be made is usually the senior official in the hierarchy. This makes it difficult for the informant to complain against retaliation or receive any protection.
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