The Whistle Blowers Protection Act, 2014: A Critical Analysis

Asmita Phukan, BA LLB, Christ (Deemed to be University)

ABSTRACT

The Whistle Blowers’ Protection Act, 2014 was a legislative framework made with the aim of providing protection to persons who allege complaints of abuse of power by public servants. However, the act has remained stagnant in its growth. Despite the passage of 9 years, no amendments have been made to the Act to cover the glaring holes in the legislation, that leave whistle blowers exposed to major risks. Through this paper, the author seeks to highlight these very issues with the legislation, and why it does not provide whistle blowers with the extent of protection as required for ensuring justice.

The paper also seeks to provide detailed explanations and analysis for the challenges posed by the legislation, and provides possible suggestions. The paper also discusses certain famous cases of whistleblowing, in order to substantiate its arguments, and provides analyses of the same. The paper also follows a deeper, psychological approach, from the standpoint of the victim, as to what pressures, challenges and difficulties are often faced by complainants that make it harder for them to access a legislative framework already in place for their protection. Lastly, the paper suggests ways in which such frameworks can be made more accessible by considering whistleblowing happening at diverse scenarios and instances.