COMMENTARY: India's Whistleblower Protection Act - An Important Step, But Not Enough
"[India's new Whistleblower Protection Law] is certainly an important step [although] limitations and concerns remain. First, the law lacks specific criminal penalties for physical attacks on whistleblowers—and given the number of violent attacks on complainants in the past, this is not a minor concern. Second, the law does not provide civil penalties for workplace retaliation. Thus, protection for whistleblowers under the bill is still inadequate. Moreover, whereas other countries like the United States, the United Kingdom and Canada define “disclosure” and “victimization” broadly for purposes of their respective whistleblower protection laws, India’s law does not define “victimization” and has a relatively narrow definition for “disclosure.” This again limits the effectiveness of any complainant safeguards.
"Beyond these specific deficiencies, there is a broader set of concerns about whether the law will actually be enforced effectively. Enforcement—and rebuilding public trust in the government—will be critical to the new law’s success."
Read the post by Christine Liu, associate at Cravath, Swaine & Moore’s, New York Office, in the Global Anticorruption Blog.
"Beyond these specific deficiencies, there is a broader set of concerns about whether the law will actually be enforced effectively. Enforcement—and rebuilding public trust in the government—will be critical to the new law’s success."
Read the post by Christine Liu, associate at Cravath, Swaine & Moore’s, New York Office, in the Global Anticorruption Blog.