Initially, to control and supervise disclosures regarding complaints or accusations of corruption or misuse of power by public authorities, the Indian Government passed “The Public Interest Disclosure and Protection to Persons Making the Disclosure Bill, 2010“.
This legislation was later renamed the Whistleblowers Protection Bill, 2011 and was enacted in 2014. The Act serves as a mechanism for protecting the anonymity of whistleblowers, ensuring their safety from victimisation, and encouraging individuals to report such complaints without fear.
Under this Act, whistleblowers can report complaints to the Central Vigilance Commission (CVC), which is the competent authority. The Act stipulates punishment, including imprisonment of up to two years and a fine of up to Rs. 30,000, for false or frivolous complaints. Therefore, whistleblowers must make their complaints in good faith, accompanied by a personal declaration that they believe the disclosed information to be true. The allegations should be substantially true. The complainants can submit complaints in writing or via email, providing all relevant details and any supporting evidence or documents.
If the complaint turns out to be incorrect or if the public authority’s identity remains unknown, no action will follow. Additionally, any information that poses a threat to national security falls outside the purview of this Act.
Done By: Seethala B , BBA., LL.B (Hons.), Junior Legal Consultant
For Origin Law Labs
