INTRODUCTION

As the name suggests, a 'whistle blower' is one who blows the whistle. Who is eligible to blow the 'whistle' and concerning 'what' is a matter determined by the regulatory regime. A 'whistle blower' is generally understood as 'one who reveals something covert or informs against another. Especially an employee who brings wrongdoing by an employer or by other employees to the attention of a government or law enforcement agency¹.

It is logical to expect that any regulatory regime seeking an effective outcome would take into consideration the following:

1. protection for the person who blows the whistle.
2. checks and balances to ensure that the whistle-blower or the perpetrator does not abuse the process.

LEGISLATIVE FRAMEWORK IN INDIA

Vigil with Public Servants

A brief legislative history will help bring some perspective to the subject matter.

2001: The Law Commission of India² recommended enacting legislation to protect whistle-blowers, to help eliminate corruption. A draft Bill was also prepared.

2004: The Supreme Court of India directed the Central Government to put administrative machinery to act on complaints from whistle-blowers until the time law was enacted. This direction of the Supreme Court was in response to a Petition filed following the murder of the whistle-blower in the National Highways Authority of India's Golden Quadrilateral project³.

As a result, the Government notified a resolution named 'Public Interest Disclosure and Protection of...

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