Authored By: Syed Tauheed
Vidyavardhaka law College
Abstract:
Whistleblowers are very important in the identification of corrupt, deceitful, and otherwise illicit acts not only in the public but also in the private sector. Due to the whistleblower’s invaluable role in the criminal investigations, authorities usually arrest lawbreakers using the information provided through the whistleblowers’ leads. Nonetheless, whistleblowing stands the risk of hazards such as retaliation, harassment, and even physical harm. Therefore, the tough protection of a whistleblower is a must for the safety of the individual and for the honesty of the process of justice. This article digs deep into the analytical perspectives of whistleblower protection in criminal investigations, focusing on the existing legal systems, problems confronted by whistleblowers, and suggestions for India to strengthen its protections.
Introduction : One of the main issues in the field of protecting whistleblowers in criminal investigations is the need for law and practice that helps to protect individuals from retribution (whistleblowers) who report illegal activities, corruption, fraud, or misconduct within organizations or government bodies. Police investigations often require not only the application of effective methods but also integration of elements of whistlers’ statements, which whistleblowers provide. An example of testimonial protection is the controversial WikiLeaks case in which the information revealed would not have been disclosed in normal circumstances. Besides, the risks of harm to a whistleblower’s family could be a factor in the process. One of the ways of protecting whistleblowers is to provide protection against threats by using technological and legal means.
Literature Review: Whistleblower Protection in Criminal Investigations
Whistleblowers’ protection is necessary in order to detect illegal activities and courts of law to mete out justic. The literature admits that the tip is often the whistle and provides a possible path for the uncovering of fraud, corruption, and other criminal activities. Nonetheless, the research claimed that whistleblowers are met with insurmountable obstacles like retribution, harassment, and employment damage, which tend to veer them off from coming forward. Legal systems including the Whistleblower Protection Act, 2014 in India are aimed at protecting whistleblowers but still the enforcement of these laws is slow and the implementation is unsatisfactory. According to scholars like Bowers (2018) as well as Kohn (2007), the significance of strong protection mechanisms is stressed, but they do not tackle the problem of inexperience in the private sector. Besides, the fear of retaliation and ignorance about legal protection are the main factors, which discourage many people who could have become whistleblowers from reporting. Since the literature shows that the legal framework requires to be more stringent, to accomplish that, it must reach all the sectors and make people more familiar with it in the field.[1] them to encourage more reports on crime.
Legal Framework for Whistleblower Protection in India
In order to give leakers the opportunity to report crimes without any anxiety over being vengeful, India has established some legal protections they guard them. The main laws put forward to promote solutions are The Whistleblower Protection Act, 2014, the Public Interest Disclosure and Protection of Informers (PIDPI) Resolution, 2004, along with certain provisions under the Companies Act, 2013. Introduction of these standard rules work towards providing whistleblowers a space of security, rather than the existing situation, in which their reports are suppressed and they are illegally reprised.
- The Whistleblower Protection Act, 2014
The Whistleblower Protection Act, 2014 was enacted to set up a formal structure that will protect whistleblowers in India, particularly in the public sector. This Act is composed of several basic features; the following ones are the most important of them:
- Confidentiality: The Act stresses the importance of confidentiality in the identification of the whistleblower which becomes a buffer by saving them from coming under any repercussion.
- Better Safety: The Act obliges the organizations to take timely and appropriate measures to minimize the risk of retaliation, including discrimination, harassment, or employment termination, as a consequence of whistleblowing. If the retaliation takes place the whistleblower EU is entitled to legal remedies that include reinstatement and compensation.
- Procedures for Complaint Investigation: According to the Act, the complaints lodged by whistleblowers about the corruption or misconduct made by authorities or other employees must be thoroughly and independently investigated by the authority.
Next to this, the Act, which provides a legal framework for the protection of whistleblowers, is not applied properly and has faced some challenges in its implementation. The law is applicable only to public sector employees and it is a long process if there is no immediate enforcement of the law. The safeguarding given to us by the Act is also the one we are complaining about for being weak, to be clear, there are the slow pace of investigations and in some cases, no adequate safeguards are there.[2]
- The Public Interest Disclosure and Protection of Informers (PIDPI) Resolution, 2004
Through the PIDPI Resolution of the Government of India citizens receive authorization to report both government and public-sector corruption. Users who report corruption according to the Resolution receive protection from retaliatory behavior. The PIDPI Resolution operates only within the public sector domain but enforcement struggles to protect whistleblowers due to bureaucratic delays and weak implementation. The PIDPI Resolution creates whistleblower protections for governmental employees but fails to offer identical safeguards for private-sector workers as well as NGO staff. Many potential whistleblowers lack appropriate legal protection because of restricted regulations.
Challenges faced by whistle Blower in Criminal Investigation They Are :
- Fear of Retaliation
- Lack of Awareness
- Delays in Investigation and Enforcement
- Insufficient Protection in Private Sector
Recommendations for Strengthening Whistleblower Protection in Criminal Investigations[3] :
- Expansion of Legal Frameworks
- Establishment of Independent Whistleblower Protection Agencies
- Public Awareness Campaigns
- Streamlined Investigation Processes
Conclusion :
Criminal investigations depend heavily on whistleblowers because their vital information reveals criminal activities to detectives who can pursue prosecution. The nation of India has accomplished significant advancements in whistleblower protection however substantial hurdles persist to guarantee full effectiveness and security for these safeguards. An environment that protects whistleblowers will develop through improved legal frame and expanded private sector protection along with lawful enforcement enhancements. Strong protective measures guarantee system growth along with accountable practices between public and private sectors.
Reference (S)
[1] https://www.bing.com/ck/a?!&&p=0a180d1d4e6c4b6a22b40d7c8bf8d979df98dd4f80c542137820e950b92632e4JmltdHM9MTczOTMxODQwMA&ptn=3&ver=2&hsh=4&fclid=30a68f66-5e79-6d5a-18cd-9ba75f066c08&psq=Whistleblower+Protection+in+Criminal+Investigations+&u=a1aHR0cHM6Ly9sYXdub3Rlcy5jby93aGlzdGxlYmxvd2VyLXByb3RlY3Rpb24tbGF3cy1pbi1pbmRpYS8&ntb=1
