Whistleblowing As A Crime Or Duty: A Jurisprudential Dilemma
- IJLLR Journal
- Jun 29
- 1 min read
Raunak Singh, Symbiosis Law School, Hyderabad
ABSTRACT
This article examines the complex legal and moral dimensions of whistleblowing, exploring whether the act should be classified as a criminal offence or a moral duty. Whistleblowers often act in the spirit of loyalty to uphold democratic values and public interest, but as a result, they frequently face harsh consequences ranging from job loss and social isolation to legal prosecution and even death. Through a jurisprudential perspective, the paper highlights the conflict using the theories of Natural Law and Rawlsian justice to question whether obedience to law should always supersede ethical obligations.
The article includes a comparative legal analysis of whistleblower protection frameworks in countries like India, the United Kingdom, and the United States, while it is also critiqued for its limited scope and lack of enforcement. Landmark case studies such as those of Satyendra Dubey, Shanmugam Manjunath, Edward Snowden, and Chelsea Manning highlight the real-world consequences of exposing wrongdoing.
The article concludes by advocating for stronger, uniform, and more humane legal safeguards that should be implemented at the global level, asserting that protecting whistleblowers is not merely a legal formality but a democratic and ethical necessity.
