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Which law in India deals with the protection of whistleblowers?

14-Dec-2023
Indian

Answer By law4u team

In India, the protection of whistleblowers is primarily addressed by the Whistleblowers Protection Act, 2011. The purpose of this legislation is to provide a mechanism for protecting whistleblowers who disclose information about corruption, malpractice, or wrongdoing in the government or public sector. Key features of the Whistleblowers Protection Act, 2011 include: Definition of Whistleblower: The act defines a whistleblower as any person who makes a public interest disclosure. Disclosure of Information: Whistleblowers are protected when they disclose information about corruption, misuse of power, or criminal offenses by public servants. Protection Against Retaliation: The act provides protection to whistleblowers against any kind of victimization, including threats, harassment, and disciplinary action, as a result of the disclosure. Procedures for Making Disclosures: The act outlines procedures for making disclosures, including the manner in which complaints are to be made and the authorities to whom they can be made. Investigation and Remedies: The act establishes mechanisms for the investigation of disclosures and provides remedies for whistleblowers who face retaliation. It's important to note that the Whistleblowers Protection Act, 2011, was passed by the Lok Sabha (House of the People) in India but has not yet been fully implemented. As of my last knowledge update in January 2022, efforts were being made to strengthen and amend the legislation. It's advisable to check for any updates or amendments to the law and to stay informed about the latest developments in whistleblower protection in India.

Answer By Ayantika Mondal

Dear Client, The major legal framework that regulates the issue being discussed is the Whistle Blowers Protection Act, 2014. This law provides protection to whistleblowers disclosing information about corruption, abuse of authority by public servants, and criminal activities of such officials and offers protection against victimisation. In the private corporate sector, whistleblower protections are usually covered by the provisions of the Companies Act, 2013 (particularly by Section 177) and the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015. According to these corporate regulations, certain categories of companies are required to have a formal policy for running a vigil mechanism so that directors and employees can report any major issue safely. I hope this answer helps. If you have any further queries, kindly do not hesitate to contact us. Thank you

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