Dr Raja Muzaffar Bhat
The attacks on whistleblowers ,RTI activists, media persons etc have increased manifold from the last several years across India. There are many instances wherein organized mafia have killed RTI activists and media persons after they exposed large scale corruption and mismanagement in both Government and private sectors . In Jammu & Kashmir the attacks on RTI activists , whistleblowers and other socially concerned people has increased especially after the enactment of RTI law in J&K. As people make vigorous use of RTI Act , it has a reaction on the other end as well. I know more than a dozen cases wherein RTI users , activists were attacked , threatened or even physically hurt . Recently a 62 year old man namely Abdul Salam Kuchay who worked for 33 years in civil secretariat was ruthlessly beaten by some goons in a remote village of Branwar in district Budgam. Kuchay a whistleblower and an RTI activist had exposed a scam with regard to distribution of monthly relief to Kashmiri Migrants.
He told media persons in Srinagar that authorities don’t even listen to him in-spite of the fact that he got all the details and information using RTI Act. Abdul Salam further adds that he has filed a written complaint before the office of DC Budgam as well as Divisional Commissioner Kashmir but there has been no action at all . If the authorities don’t act such attacks are going to continue and there is an urgent need of bringing a Whistleblowers Protection Bill in J&K on the pattern of central Government which passed this law more than a year back.
Whistleblowers Protection Act :
On May 12th 2014 , the Whistleblower Protection Act 2011 got the presidential assent and thus got notified in the official gazette of Government of India . This legislation provides for the public interest disclosure and protection to whistle blowers. Whistle blowing is the act of disclosing information by an employee or any stakeholder (activist , media person etc) about an illegal or unethical conduct within a Government organization in particular . The Whistleblower Protection Act seeks to establish a mechanism to receive complaints relating to disclosure on any allegation of corruption or willful misuse of power or willful misuse of discretion against any public servant and to inquire or cause an inquiry into such disclosure and to provide adequate safeguards against victimization of the person making such complaint and for matters connected therewith and incidental thereto. Despite notification in the gazette, the Whistle Blowers Protection Act has not been enforced yet by the BJP lead Government.
Objectives of Whistleblowers Bill :
The menace of corruption prevents balanced social growth and economic development. One of the impediments felt in eliminating corruption in the Government and the public sector undertakings is lack of adequate protection to the complainants reporting the corruption or willful misuse of power or willful misuse of discretion which causes demonstrable loss to the Government or commission of a criminal offence by a public servant. It has been felt that the persons who report the corruption or willful misuse of power or willful misuse of discretion by a public servant need statutory protection as protection given to them by the Resolution of the Government of India of 2004 would not suffice. In view of the aforementioned facts it was decided to enact a separate legislation to provide adequate protection to the persons reporting corruption or willful misuse of power or discretion which causes loss to the Government exchequer . Furthermore, it aims at providing the procedure to inquire into such disclosure and to provide adequate safeguards against victimization of the whistle-blowers and persons reporting matters regarding the corruption by a public servant, punishment for revealing the identity of a complainant, negligently or malafidely and also to those who file false or frivolous complaints.
Will J&K Govt enact its own WBP Act ?
As we know Central Government legislations are not applicable to J&K state unless they are ratified by our state legislature. In this context the Whistle Blowers Protection Act (WBP Act 2011 ) won’t be applicable to J&K state. It is urged upon PDP-BJP coalition Government to ensure enactment of Whistleblowers law (J&K WBP Act) in J&K state . Until the J&K Whistle Blowers Protection Bill is drafted / introduced in the state legislature, Chief Minister Mufti Mohammad Syed must immediately issue an ordinance vis a vis protection of Whistleblowers . This will give whistle blowers of J&K a legal protection from being attacked or physically hurt at the hands of organized criminal and corrupt elements.
(The author is RTI and social activist)
Feedback : muzaffar.rti@gmail.com
Trending Now
E-Paper
Follow our WhatsApp channel