UNDERSTANDING WHISTLEBLOWING: A COMPREHENSIVE OVERVIEW

 

 UNDERSTANDING WHISTLEBLOWING: A COMPREHENSIVE OVERVIEW

WRITTEN BY: JUHI SAXENA

5th  YEAR, B.A.LL.B(HONS)

AMITY UNIVERSITY LUCKNOW

 

EDITED BY: MUSKAN PRASAD

4th YEAR, B.A.LLB(HONS)

AMITY LAW SCHOOL, NOIDA

The Essence of Whistleblowing

The role of whistleblowing as a key function in the maintenance of integrity and accountability within organisations, both the public and private sectors, is recognized. It is identified by the activity of individuals who are obliged to – report illicit, unethical, or harmful practices. What is pointed out are the critical risks frequently met by whistleblowers like Edward Snowden and Karen Silkwood as they seek to protect the public good. Motivated by the interest of the collective, their acts indicate the relevance of whistleblowing to social welfare.[1]

Definitions and Legal Frameworks

Despite the prima facie simplicity of the idea of whistleblowing, the underlying legal framework is acknowledged to be complex. The attainment of the whistleblower status and the associated protections comes with navigating the various legal definitions and compliance with several procedures by potential whistleblowers. This complication illustrates the obvious necessity for a clear grasp of and adherence to the laws of whistleblowing which display an extreme variation from jurisdiction to jurisdiction.[2]

Internal Versus External Whistleblowing

Internal whistleblowing refers to a situation where wrongdoing within an organization is reported to within the organization whereas external whistleblowing refers to a situation where wrongdoing is reported to outside entities or the public. The decision at this point is known to have a sizable effect on both the whistleblowers’ risks and the disclosure interview. Despite being put in place to take care of issues, the internal mechanisms regularly fall short, and many end up preferring external disclosure where the wrongdoing is properly dealt with.

The Risks and Justifications

Whistleblowers bear severe personal risks such as retaliation and professional ostracism as a result of their actions. Such risks, however, may undermine the organization’s work. Having regard to these risks, exposing grave misconduct, defending the public from harm and fostering a culture of transparency and accountability should be the ultimate reason for whistleblowing. The complexity of whistleblowing, highlighted by the dilemmas faced by the whistleblower is seen in the moral and ethical issues involved.[3]

Types of Whistleblowing Channels

The emergence of new channels and types of whistleblowing, e.g. cyber whistleblowing that focuses on violations in the digital space like data breaches and cybersecurity threats was enabled by technology advancements. The multiplication of channels for whistleblowing exhibits an evolving nature of work and the increasing need to safeguard digital information.

The Importance of Whistleblowing

Identification and avoidance of the so-called malpractice is the immense role played by whistleblowing. Human abuse is further not only uncovered but also a deterrent against future abuses is as well given. A conducive atmosphere of transparency and accountability is a product of whistleblowing which helps in creating healthier organizational cultures, and public trust in institutions.

Legal Protections and Challenges

The development of the legal regimes regarding whistleblower protections taking shape with laws adopted by several countries to prevent prohibition is observed. Despite this, the effectiveness of these protections is variable; whistleblowers often face considerable hurdles in safeguarding their safety and well-being. The moral and legal maze is shown by the discussion of the need to balance the protection of whistleblowers on one hand and the other hand maintaining the country or the business secrecy uncovered by the latest debates.[4]

The Global Perspectives and Future Directions

Presented as a global phenomenon that is differentiated by varying degrees of acceptance and protection, whistleblowing is not to be associated with any one country or culture. The objective of international conventions like the UN Convention against Corruption, to harmonize protections of whistleblowers, is a response to the increasing appreciation of their contribution to fighting corruption and promoting transparency.

Indian Prospective

The legal system for protecting whistleblowers in India has evolved over the years reaching the height of the Whistle Blowers Protection Act, 2014. This legendary law was created with a specific purpose providing a clear-cut reporting mechanism for the reporting of corruption abuse of power and misuse of discretion on the part of the public officials. The Act aims at safeguarding persons who disclose corruption and malpractice in the government and public and state institutions from reprisal and as such more people come out revealing information about such vices.

Under the Whistle Blowers Protection Act one can file an anonymous complaint, the identity of the complainant is to be kept confidential to protect the person from possible harassment or victimization. Notwithstanding, the Act has been subject to criticism concerning limitations it imposes, i. e. unnoticed private sector whistleblowers and the absence of a clear mechanism of whistleblower protection, including against physical harm.[5]

However, the implementation of the Act has been a point of contention. A few cases have been witnessed in which whistleblowers have encountered very difficult situations like loss of lives and careers despite the legal protections supposed to be present. These promoted the need for more powerful enforcement mechanisms and amendments to the Law to plug loopholes and beef up the protection of whistleblowers.

Along with the Whistle Blowers Protection Act, India has other legal provisions and mechanisms that indirectly support whistle-blowing like the Right to Information Act, of 2005, which empowers citizens to request relevant information from public authorities. Collectively, these laws constitute the foundational pillar of the anti-corruption legal regime of India that enforces transparency and accountability in governance.[6]

Although a lot of ground has been covered, the road to building a secure and competent environment for whistleblowers within the Indian setup is still long. Further strengthening the legal defenses and efficient implementation therefore is central to creating the right culture of accountability and integrity in both public and private sectors in the country.

Conclusion

The whistle-blowing practice is upheld as an essential means of ensuring accountability and integrity both in the public and private sectors. The benefits to society (through prevention of harm, exposure of corruption, and promotion of transparency) though accompanied by high risk are deemed as priceless. The evolution of whistleblower-protecting and whistleblower-encouraging frameworks is recognized as the world keeps evolving.[7]

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[1] https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2258296

[2] http://stceddepart.weebly.com/uploads/4/0/5/9/4059456/practicalresearch_planninganddesign_by_paul-dleedy_chap1-whatisresearch.pdf

[3] https://darpg.gov.in/arc-reports

[4]https://www.academia.edu/10036811/Internal_vs._External_Whistleblowers_A_Comparison_of_Whistleblowering_Processes

[5] https://www.drishtiias.com/whistleblowers-protection-act

[6] https://www2.deloitte.com/in/en/pages/finance/articles/whistleblower-protection-in-india.html

[7]https://www.researchgate.net/publication/228124587_Whistleblowing_International_Standards_and_Developments