Pandey’s killing also exposes a major flaw in the proposed whistle-blower protection laws that the government has floated. These proposals — like the Public Interest Disclosure (Protection of Informers) Bill 2002 and the Law Commission’s 179th report — focus on ways to help whistle-blowers circumvent confidentiality agreements. This is necessary — often whistle-blowers are gagged by confidentiality contracts (in the private sector) or secrecy laws (in the public sector) that prevent them from revealing chicanery. These proposals also set up in-house disclosure mechanisms. But these proposals do not include physical protection for whistleblowers like Pandey against the inevitable retribution that his courage invited. A new law, with this addition, should be passed immediately.
That Pandey died while blowing the whistle on murky road contracts makes it all the more poignant. Improving India’s creaky infrastructure is the new Central government’s priority area. But pouring money into roads risks bloating the very elements who killed Pandey, and makes people like him all the more critical. It is hoped that the lessons of his tragic death are heeded.