Certain disclosures are inconvenient and dangerous; they hurt so many vested and entrenched interests. S/he who dares to report corruption or violations of the law within an organisation is thus soon pounced upon and,in whistleblower jargon,mobbed,after having his/her identity revealed somehow and thereby anonymity and safety compromised. Why else was Satyendra Dubey murdered? Why else,as reported in this newspaper,do chargesheets,suspensions,censures and departmental inquiries spell the fate of so many public sector whistleblowers,now compelled to visit the courts to defend their honour,to have their injustices redressed,to retain the laws focus on their acts of courage which exposed so much amiss? Nevertheless,while these unfortunate individuals did not imagine the 2004 whistleblowers resolution to be so ineffective,or that their identities and reports to the Central Vigilance Commission might be leaked,persecution of whistleblowers is a global phenomenon. The global record on whistleblower protection is also inconsistent. The bottomline however is this: a country with undeniably sound democratic credentials cannot persist in this lack of institutional transparency and empowering laws. Last week,the prime minister spoke about the need to tackle corruption immediately and effectively. That,and institutional transparency,will not come about if those who make confidential disclosures about wrongdoings in public organisations are not protected in theory and practice. Thus formal legislation protecting them,replacing the 2004 resolution,could provide a solution. That the government has finalised the draft of the Public Interest Disclosure (Protection of Informers) Bill 2009 is undoubtedly a step forward,but ministers have significantly been excluded from its purview; nor is there any provision for corporate whistleblowers yet. Ignoring frivolous or false cases,and excluding matters sub-judice or encroaching on strategic interests,protecting whistleblowers is a means of protecting citizens and the public interest. Provisions thereof would also be in keeping with the presidents promise of a public data policy in June and the RTI Act,which is transforming India in many ways. Whistleblowers expose what escapes the public eye but needs to be acted upon. They cannot perform this essential,and thankless,role without adequate legal cover.
