‘Whistleblowers’ Act appears ineffective for lack of publicity’

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Despite its enactment six years ago, the Whistleblowers’ Protection Act-2011 with a particular goal to check corruption in government offices, the law is yet to receive expected response with legal practitioners and officials saying they knew little about it. Experts said a well-coordinated campaign should be launched to make people, particularly the government officials, aware of the law to motivate them to reveal corruption that takes place inside their offices since the law ensures protection of their legal rights by concealing their identities. They observed that law can play a vital role in checking corruption in both public and private sectors.
“An effective awareness campaign is needed involving media, particularly the broadcast media, to make people aware of the law as the government and non-government employees can provide graft related information to the authorities concerned under the act,” ACC panel lawyer Khurshid Alam Khan told BSS.
He said many lawyers along with the government officials even do know little about the law, saying, “The Anti-Corruption Commission (ACC) should take a well-coordinated effort such as arranging seminar, symposium, meeting as well as making short-drama to inform the people about the law.” However, ACC spokesmen (deputy director) Pranab Kumar Bhattacharjee said the national anti-graft agency has got many corruption allegations from the government offices without mentioning the names of applicants. But, he admitted that the ACC did not file any graft case under the Whistleblowers’ Protection Act.
The law empowers a person to disclose information on ministries, divisions, departments or any other government offices, and all kinds of non-government organisations to the authorities concerned. As per the law, also known as Public-Interest Information Disclosure Act (Provide Protection), 2011, no criminal, civil or departmental proceedings can be initiated against a person for disclosing public-interest related information to the authorities, and his or her identity will not be disclosed without his or her consent.
Whistleblowers cannot even be made a witness and produced before any court in connection with the criminal and civil cases to be filed following the information disclosed. The information cannot be produced before court as evidence to keep the person’s identity secret, according to the provisions of the law.
“Whistleblowers’ protection act is being used as a very effective tool to fight corruption in many countries,” said Advocate Oliur Rahman Nayon. “The act will protect information providers of different directorates, departments and ministries and private organisations. This law helps combat institutional corruption, especially big scams,” he said. The experts hoped that the law would help the anti-graft watchdog work on the basis of specific information instead of assumed ones and the flow of accurate information about graft to the commission will be increased.

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