The murder of S.P. Mahantesh, who succumbed to injuries five days after he was brutally attacked, is a gloomy reminder of the risks of being upright in an environment that stinks of corruption. It also reinforces the need to push through with the long delayed legislation to protect whistleblowers, who often reveal information in the public interest at great personal risk. Mahantesh's death is especially poignant for The Hindu — less than a fortnight ago, the Karnataka Administrative Service officer had facilitated the release of an audit report of a cooperative society made up of employees of a public sector undertaking that is accused of making improper land allotments. While the unknown assailants must be found and brought to book, the least we owe him and other brave people who have striven to expose the nexus between politicians, bureaucrats and private interests is a legal mechanism that protects whistleblowers from harassment, threats, violence and death. While The Whistleblowers' Protection Bill 2011 was passed by the Lok Sabha last December, it has been stuck in the Upper House, thanks to belated objections and anxieties, principally from a section of the Opposition, about the “leaks” it may encourage.
Any effective whistleblower legislation has two principal aims — to protect the identity of the whistleblower and to insure him or her against disciplinary action such as suspension or dismissal. Following the murder of Satyendra Dubey, the Bihar-based engineer who exposed irregularities in road contracts, the Supreme Court in 2004 had made a strong pitch for a legal mechanism to protect whistleblowers. It was thanks to this that the Centre even got moving on drafting a law; however a Bill introduced in the Lok Sabha in 2006 was allowed to lapse. Ironically, the Bill passed by the Lok Sabha — and which faces obstruction in the Rajya Sabha — is weaker in one crucial respect. Unlike similar legislation in the United Kingdom and the United States, it limits those who may receive protection for blowing the whistle to government employees and those in societies or companies controlled by government. Given the number of RTI activists who have been murdered over the past couple of years, it is arguable that the country needs a wider and more comprehensive whistleblower protection mechanism that looks beyond government. The Bill is also vague about the manner in which the identity of whistleblowers will be protected. While it is important to recognise the limitations and the deficiencies in any legislation, it is obvious that those who risk their lives to uncover corruption would be better served by an imperfect law than no law at all.
Another killing of a whistleblower proves that government is unable to provide security to those who wants information and transparency in the government sector. It is not the first instance which happens here but but there are long list of these offences. The main thing which attract my atention that Mahesh was not the common man but he was an administrative officer in Karnatka. One thing is clear that some unsocial eliments dont like this transparency and these are the threats to our country and governance. I think that goverment should make strong and effective law to sure the security of whistleblowers otherwise RTI could not prevent the corruption in india.
Looking at the number of bills pending in either house of parliament it now seems that parliament instead of law making body has become law hanging body. The whistleblower protection should be considered along with article 21 that says Protection of life and liberty. Looking at the statistics of murder of RTI activist, the President must intervene as it is his moral duty to ensure that constitution is abided. The president should have a joint sitting of both the houses to pass the bill as in article 108. Its high time and if some serious measures are not taken then people will lose their faith in parliament.
Somewhere along we lost our will, we lost our way. Corruption is gnawing
us like termite, eating our country from the inside leaving a hollow
caricature. People who dare to stand up against it are the villains in the
current scenario. Most of us want the status quo maintained form top down.
Our collective conscience now considers corruption a part of our lives,
something which happens everyday and we have to live with. Is there a
solution? Why not legalise it!
Strong bill should be passed for whistleblowers protection.It is in the
hands of the government and it should follow transparency in fighting
against corruption.Each and every problem will be solved if the root
cause is treated that is corruption.The common man is in predicament on
his future by looking into scams and scandals occurred in the country in
2011.Hope that the government takes necessary steps on this verge and
2012 will be foundation for "corrupt free India"
Now a days the explanation of our law is that' even if there shall killed one thousand of innocent or pure people,one guilty is not punished'
The country is going to gogs as the ordinary citizens are flocking to IPLs and other opium pills.
A unprecedented procrastination in one of the crucial law, meant for
the protection of the brave people, who thwart the plans and the graft
that is embroiled in the sleazy government politician.
I feel great remorse but, no surprise in knowing that the bill take
into consideration only the people working in the government
organization. The so called "electives" in the lok sabha has
transcends all limit of absurdity by proposing this frivolous idea.Why
would a government employee would in his wildest nightmare would
divulge any government corruption plans or anything for that matter,
knowing that doing so would cost him his job at the very first moment
and reprecursion of doing that would be unimaginable since his only
source of income would be the government job. This law should be
targeted to the people working in private organization like print
media which actually thwart many government plan for their own sake of
getting good TRPs and profit but still doing a bit for society.
India, one has to say, is a failing democracy. The government has lost all the credibility, it cannot protec its citizens. Its amazing how Life is so undervalued in our country. As another whistleblowere pays for being bringing forth the truth, our Union Govt & all the national leaders are busy deciding who will be the next president of Indian Republic- who is nothing but a mute figurehead.
Cant think of a national leader coming forward to console the mourning family members of Mr. Mahantesh.
*Long Live India* *Mera Bharat Mahaan*
It is not fault of these leaders it is fault in our part. We are sending them in parliament without knowing that who is corrupt or honest. We are casting our vote without thinking that which candidate is sincere and in turn what to do in my favour. We should first of all clean the corruption activities from bottom. The sincere and honest person always punished by criminals and goondas. We are seeing from the last 30 years that nobody of elite persons is getting punished.
This is the best example of corruption. there will be no investigation because the people from system are responsible for this. That’s why bill like Lokpal are not passing in India parliament easily, but bill like Salary hick of MPs, party will get fund from government reserve are able to pass in full pace. It is not single case, even in Kasab Mumbai case still they are only blaming pakistan but not catching the neck of own Indian officers those help then to cross the border.
Apathy of our legislators to pass the effective legislation to protect whistle blowers and serious defects in the criminal legal system led to the assassination of an innocent, but highly valuable human being.
Surely by now whistleblowers in India must be aware that no matter how much our Parliament harps on their protection bill, nothing will ever come out of such actions because the vested interests in looting the nation's assets are much too powerful to allow such a bill to be passed. These looters have the entire governance system in their vice like grip and the tragedy is, the members of the system are only too willing to remain in this grip. As the late Mehmood sang, "The whole thing is that bhaiya, sabse bara rupaiya!"
The opposition parties in Upper House knows that Congress has less numbers in Upper House. This resist congress even to present its reform bills for education and science. The Wistleblower's Protection Bill, 2011 should get nod from Upper house with unanimity. The H'ble members should rise above party line and pass this bill unanimously.
[While The Whistleblowers' Protection Bill 2011 was passed by the Lok Sabha last December, it has been stuck in the Upper House...] It hardly matters where it is, or whether it exists at all. The law on paper has no meaning so long as the police and the whole machinery of so-called governance "stinks of corruption". And there is no reason to think that this stink will blow over in anyone's lifetime.
Speechless!!!!! What to say at this?
Making of whistle blower act will consumes a light year. There will be
some candle march in which I am sure even the murderers would walk with few candles. Once the fire in the public quashes with time the matter will go to accompany many many red taped files preserved in government sponsored cold storage. For you The Hindu the assailants is unknown but nobody will agree that they are alien and unknown to those who were being exposed by his act of bravery. I am no body to say," CBI must take cognizance of the case and first find out who stood the risk of being exposed, and once that is clear who can deny that real culprit would be in the reach". I don't know what stops our entire mechanism to uncover the obvious? In country where those in power become the Ex-officio head of investigating and other such agencies "the truth would keep on alluring us those in power will keep on killing us".
It is heartening to note that even in a society filled with corruption as much as ours, there are still so many people like Mahantesh who are willing to stand up and fight for what is right. These people are the reason why our country continues to move forward despite facing so many obstacles. If all these right minded people join forces and their tribe grows, then I am sure that one day the rot of corruption will be eliminated from our society altogether.
Where our country is heading to? This is not the first instance. In the past one year RTI activists are attacked all over the country and the administration including the political class is happily sleeping over the incidents. Politicians just want to terrorise people who are bold and act with good intentions. If this happens on a continued fashion we won't be having any more whistle blowers around. The mighty and the powerful are bending and breaking the law at their own will with the continuous support of the ruling class and will re-emerge stronger crushing the ordinary citizens under their feet.
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