To protect a whistleblower, why do we need an Act?

Chief minister Prithviraj Chavan recently said that Whistleblowers Act is more powerful than the Right to Information (RTI) Act as there was provision for the whistleblower to remain anonymous and get protection if demanded. He pointed out that it is not important for the state to know who has provided information on scams and corruption, but it should take action after ascertaining the facts. However, citizens feel the Act’s guarantee to provide protection and anonymity is far fetched. Speak Up brings you opinions.

To protect a whistleblower, why do we need an Act?
It is good that another Act will be introduced to help curb corruption. No doubt Whistleblowers’ Act is important, however, many such Acts already exist and are not even implemented. Talking about the RTI (Right To Information) Act, the same chief minister has not provided sufficient staff and funds to run the department to its full potential. If the political will itself is missing in implementation of such Acts then the purpose of having them is missed. Ultimately, all depends on effectively implementing these Acts.
To protect a whistleblower why do we need an Act? In the case of the murder of RTI activist, Satish Shetty from Talegaon, no action has been taken till date. In spite of carrying out an investigation, not a single suspect has been identified in connection with the murder. Also, for the last three years, journalists have been demanding an Act to protect them, but the government has, so far, done nothing on those lines.
Vijay Kuvalekar, Former State Information Commissioner

Not more than 2% of govt servants will use the law
If the whistleblower is from within the government mechanism and if the same mechanism is responsible for disclosing the name of the whistleblower, how can a person’s identity then remain anonymous or can expect protection under the Act?

For example, if I use the RTI Act to get information about a particular building project, within an hour of my application, the builder gets to know that such an application has been filed. How is it possible for the information to leak out so fast? All this assurance of anonymity and protection looks good on papers but is not possible in reality. The whistleblower or RTI activist’s life is still at risk.

The Whistleblowers’ Act is only meant to protect the government servants working within the system. There will be very few whistleblowers like Vijay Pandhare, the chief engineer from water resources department, who is now secure only because of the media attention and not because of any government assurance.

Only the government will get satisfaction in bringing out the Whistleblowers’ Act and I don’t think more than 2% of the government servants will use the tool to expose corruption within the system as they themselves are part of it. There is a possibility of the Act being used for internal rivalry.
Vivek Velankar, RTI Activist

I don’t think anonymity clause will be of any help
The Whistleblowers’ Act is important and a good legislation to prevent corruption within the system. However, I disagree that it will override RTI in its importance. The RTI Act is the first step in exposing corruption within the government administration. It is the basic tool, which the common man can use to make the government accountable, which will eventually bring transparency in the system. The Whistleblowers’ Act will definitely prevent corruption within the government system, but it is only meant for government servants.

I don’t think the anonymity and protection clause will be of any help, it sounds a bit fancy than reality. More than protection and anonymity, the information on corruption provided by a whistleblower should be made available to public through media. Whistleblowers are brave people, threats make no difference to them.
Mukund Sarda, Dean and faculty of law, New Law College

All these Acts fall short when it comes to implementation
There is no doubt that the Whistleblowers’ Act will be another powerful tool in curbing corruption within the government system, but the biggest drawback with this Act or any such Act is the implementation. All these Acts remain just on paper and lose credibility in terms of implementation.

Say for instance through the RTI tool you are supposed to get the required information, however in many cases, those who are responsible for providing the same never pay attention or find excuses to delay their response. As per the RTI Act, there is fine of Rs250 per day, which can go to maximum Rs25,000, as per the delay in furnishing the information. The question is how many have been fined till now? There are so many RTI applications which are pending for more than two months that the following appeals are of no use. If the government department officials themselves lack priority, many such Acts can be introduced but it will not serve its purpose.
Ramesh Phondge, Ex PRO, PMC & RTI Activist