Chief Justice T S Thakur and Justice A K Sikri and R Banumathi on lack of protection for the whistle blowers stated that there was a “absolute vacuum”which was to covered soon keeping in mind that exposing corruption is a global phenomenon and a reality of the country hence directing the center to introduce a mechanism
for the whistle blowers protection as they face threats and harassments for bringing to light the illegalities in the government departments.2 The Whistle blowers protection enhancement act of 2012 was signed into a law on November 2012 and it provided for the protection, implementation and enforcement of nondisclosure agreements by the department. As rightly pointed by the central vigilance minister V.K. Choudary on the
existing law that there was still a need to bring some provisions in Whistle Blowers Act to protect witnesses that would provide confidence to those who expose corruption”3 there was also a need to emphasis upon making people aware of the procedure to file complains under Public Interest disclosure and protection of former also
commonly known as Whistle blower resolution. To bring in those necessary changes the Whistle blowers act 2012 was amended in the year 2015 through the Whistle Blowers Protection (amendment) bill, 2015. The bill stated that it would not be disclosed in public interest if it had
i) Information which could prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific, or economic interests of the state, relations with foreign state, or lead to incitement of an offence;
ii) Cabinet papers including records of deliberations of the Council of Ministers, secretaries and other officers except as provided in the Right to Information Act, 2005.
iii) The information has been strictly forbidden to be published by a court or tribunal, or if the disclosure of information may result in contempt of court;
iv) The information would cause a breach of privilege of Parliament or state legislature; v) The information relates to commercial confidence, trade secrets, intellectual property (and such disclosure would harm a
competitor). Although, if such information is made available under the Right to Information Act, 2005, then it may be disclosed.
vi) The information is available to the person making the disclosure in his fiduciary capacity. However, if such information has been made available under the Right to Information Act, 2005, then it may be disclosed.
vii) Information is received in confidence from a foreign government;
viii) The disclosure of the information would endanger the life or physical safety of a person, or identify the
Source of information given in confidence for law enforcement or security purposes.
ix) The information would impede the process of investigation/apprehension/prosecution of offenders;
x) The disclosure of personal information if it has no relationship to any public interest, or if it causes unwarranted invasion of privacy.
However, if such information has been made available under the Right to Information Act, 2005, then it may be disclosed.4
2017-18-Vol3-Issue2-_11
