Standing Committee's recommendations on the Whistleblower's Bill

Kaushiki - June 17, 2011

The government is considering a number of measures to tackle corruption such as the formation of the office of the Lokpal or Ombudsman to investigate corruption cases, the Judicial Standards and Accountability Bill, 2010 that requires judges to declare their assets, lays down enforceable standards of conduct for judges, and establishes a process for removal of the Supreme Court and High Court judges (see PRS Analysis) and the Public Interest Disclosure and Protection of Persons Making the Disclosure Bill, 2010. In 2004, following the death of whistleblower Satyendra Dubey, the government issued a notification laying down certain guidelines for whistleblowing and protecting whistleblowers. It introduced the Public Interest Disclosure and Protection of Persons Making the Disclosure Bill, 2010 in August 2010 to give statutory backing to the 2004 government resolution. Commonly known as the Whistleblower’s Bill, it seeks to protect whistleblowers i.e. persons making a public interest disclosure related to an act of corruption, misuse of power or criminal offence by a public servant. It designates the Central and State Vigilance Commissions to receive disclosures from whistleblowers and lays down safeguards for protection of whistleblowers (see PRS Analysis). The Bill was referred to the Departmentally related Standing Committee on Personnel, Public Grievances, Law and Justice. The Committee presented its report on June 9, 2011. Key recommendations of the Standing Committee

§ The Bill seeks to establish a mechanism to register complaints on any allegation of corruption or wilful misuse of power by a public servant. The Committee broadly agreed with the provisions of the Bill but hoped that the government would consider the recommendations and adopt them wherever found appropriate.
§ The Bill covers any complaint under the Prevention of Corruption Act, 1988; wilful misuse of power, and a criminal offence by a public servant. The Committee suggested that the scope of the Bill may be widened to include offences such as maladministration and human rights violations. Specifically, the Bill should cover accrual of wrongful gain to a third party. Also, the definition of “public servant” in the Indian Penal Code and the Prevention of Corruption Act, 1988 could be adopted for this Bill.
§ The Committee proposed that the defence forces and intelligence organisations should be included within the ambit of the Bill. There could be reasonable exceptions based on operational needs of the forces. Alternately, a separate authority could be set up for these exempted agencies. It added that the Bill should cover members of the Council of Ministers, the judiciary (including higher judiciary) and regulatory authorities.
§ The Bill states that a public interest disclosure can be made only to the Central or State Vigilance Commissions (VCs). The Committee is of the opinion that this may restrict access especially to population in remote areas. It recommended that the Rules should provide for a smooth and convenient system. The Committee added that if there are multiple points at which complaints can be made, the identity of the complainant should be strictly protected.
§ The Bill does not allow anonymous complaints. The Committee however suggested that if the anonymous complaints have supporting documents that substantiates the claims, the VCs can investigate it. It also advised that an alternative mechanism could be set up within or outside the Bill for inquiring into anonymous complaints.
§ The Committee recommended that there should be a foolproof mechanism to ensure that the identity of the complainant is not compromised with at any cost. This is especially important because without such a mechanism it would deter prospective complainants due to fear of harassment and victimisation.
§ The Bill allows the VCs to reveal the identity of the complainant to the head of the organisation if it is necessary to do so. The Committee recommended that the identity of the complainant should not be revealed to the head of the organisation without the written consent of the complainant.
§ The Committee felt that undue burden should not be placed on the complainant to provide proof to substantiate his case. As long as he is able to make out a prima facie case, the VCs should follow up on the case.
§ The Committee is of the view that the VCs should inform the complainant about the outcome of the complaint. Also, the VCs should give reasons if it decides to dismiss a complaint and the complainant should be given a reasonable hearing if he is not satisfied with the dismissal.
§ The Committee proposed that there should be a time limit for conducting discreet inquiry by the VCs, for inquiry by the head of the organisation and for taking action on the recommendations of the VCs. The authority would have to give reasons in writing if it wants the time limit to be extended. There should also be some mechanism to ensure that the directions of the VC are not avoided to protect the wrongdoer.
§ The Bill states that the VCs shall not entertain any complaints made five years after the action. However, the Committee is not convinced that this restriction should be prescribed. If at all there has to be a time limit, exceptions should be made in case of complaints which prima facie reveal offences of a grave nature.
§ The Committee recommended that the term “victimisation” should be defined and the whistleblower should be provided with sufficient protection to protect him from violence. Also, witnesses and other persons who support the whistleblower should be accorded the same protection.
§ The Committee strongly recommended that there should be a mechanism to ensure that the orders of the VCs are complied with. Stringent action should be taken against any person who does not comply with the order.
§ The Committee felt that the penalty for frivolous or malafide complaints was too high and should be substantially reduced. Also, while deciding whether a disclosure is frivolous, the intention of the complainant should be examined rather than the outcome of the inquiry. The complainant should also have the right to appeal to the High Court.

States and State Legislatures

Government of Chhattisgarh’s response to the COVID-19 pandemic

Anurag Vaishnav - April 21, 2020

In response to the COVID-19 pandemic, the central and state governments have implemented several measures to reduce the spread of the disease and provide relief for those affected by the it. In this blog, we look at some of the key measures taken by the Government of Chhattisgarh with regard to public health, ensuring supply of essential commodities and providing relief to affected persons.

COVID-19 cases in the State

As of April 21, 2020, Chhattisgarh has 36 confirmed cases of COVID-19. Of these, 11 are active cases, and 25 patients have been cured or discharged. This is illustrated below in Figure 1.

Figure 1: Day wise COVID-19 Cases in Chhattisgarh

Sources: Ministry of Health and Family Welfare, Government of India; PRS.

Key measures taken by the State Government

On March 13, 2020, the Department of Health and Family Welfare notified the Chhattisgarh Epidemic Disease, COVID-19 Regulations, 2020. Key provisions of the regulations include:

The district collector can take necessary actions such as sealing geographical area of the district and ban vehicular movement, in order to prevent the spread of the epidemic. Further, the district administration may take measures such as closure of schools, offices and banning public gatherings.
In order to avoid rumours and unauthenticated information, no person or institution can use any print or electronic media for information regarding COVID-I9 without prior permission of Health Department.
All health facilities (including private) should have COVID-19 corners for screening of suspected cases. Further, they should record travel history of a person if he has travelled to an area affected by COVID-19.

Movement restrictions: Following these regulations, the government announced several additional measures to restrict movement of people to contain the spread of COVID-19.

On March 19, the Transport department stopped running of all inter-state buses in the state to restrict movement to and from the state. On March 21, all city bus services in urban areas of the state were suspended. This was followed by stoppage of all transport including auto, taxi and e-rickshaws.
On March 22, the government announced a lockdown in all urban areas of the state till March 31 during which all offices, institutions and other activities were to remain closed. Essential services such as medical shops, vegetable shops, petrol pumps, electricity and water supply services were open.
On March 25, the central government announced on a 21-day country-wide lockdown till April 14. On April 14, the lockdown was further extended till May 3, 2020.

Essential Goods and Services: Following the lockdown, the government notified certain additional essential goods and services that will remain unaffected by the lockdown. These are noted below:

On March 13, 2020, the central government notified hand sanitisers, surgical masks and N-95 masks as Essential Commodities. This implies that the government can regulate the product, supply and pricing of these items. Following this, the state government notified that the district administration should monitor the price of surgical masks, N-95 masks and hand sanitisers in each district of the state.
On March 24, the state department of Food and Public Distribution notified certain additional essential goods and services under the Essential Commodities Act, 1955. These include: (i) wheat and rice mills, (ii) operations of items used in acquirement or storage of items under the Public Distribution System, such as fertilisers, (iii) supply of Petrol, Diesel, CNG and LPG, among others.
On April 15, the Ministry of Home Affairs issued guidelines on the measures to be taken by state governments until May 3. As per these guidelines, select activities will be permitted in less-affected districts from April 20 onwards to reduce the hardships faced by people. Permitted activities include: (i) health services such as hospitals, clinics, and vets, (ii) agriculture and related activities such as fisheries and plantations, (iii) MNERGA work, (iv) construction activities, and (v) industrial establishments.

Relief measures: During the lockdown, the state government announced several measures to provide relief to the affected individuals. Key measures include:

Rice for two months will be provided in April to all beneficiaries under the Public Distribution System. Antyodaya & Annapurna ration card holders will also get sugar and salt for two months in April. Two quintal of rice is allocated to every gram panchayat, which can be utilised for distribution to individuals without ration cards, subject to a maximum of 5 kg for an individual.
4 kg of rice at primary level and 6 kg at upper primary level will be provided to school children under the Mid-day Meal Scheme, on account of closure of schools. Further, arrangements will be made to provide ready to eat take home rations for undernourished children between the age of 3 to 6 at Aanganwadi centres.

The government approved sanction of MLA funds for corona virus prevention and other necessary arrangements and support. The Chief Minister announced that there will be no mandatory deduction from salaries of state government officials and employees for pandemic relief.
The state’s Labour Department sanctioned Rs 3.8 crore to aid labourers affected due to lockdown.
Pending taxes, interest and penalties of bus and truck operators of nearly Rs 331 crore to be waived off.

Health Measures: Over the last few weeks, the government issued several guidelines and orders on containment of the virus, patient handling and protection of healthcare workers. Some of these are noted below:

On March 23, the government of Chhattisgarh declared Corona Virus as a "Notified Infectious Disease" under the Chhattisgarh Public Health Act, 1949. Further, it notified measures to be taken for prevention of spread of COVID-19 at industries and workplaces. These included restricting the number of employees at workplaces, and ensuring sanitisation at workplace.
Guidelines regarding bio-medical waste in quarantine homes and camps were notified. These guidelines provide that all workers involved in waste collection should be provided with personal protective equipment. Further, vehicles carrying such waste should be sanitised with 1% hypochlorite after every trip.
On April 11, the Department of Health and Family Welfare made it mandatory to wear a mask for all persons while stepping out of their house for any public place.
The department also released guidelines for patients cured of COVID-19. These guidelines provide that such persons should be escorted to their home district from the hospital and regular monitoring and supervision of their health should be ensured by the district administration.
Further, the department released guidelines for continuation of other hospital services during COVID-19 outbreak. The guidelines provide that the patients should be advised on phone as far as possible, and should be given separate timings for in-person appointments to avoid congestion at hospitals. On April 18, the Chief Minister announced an online health consultation website for patients, through which patients can seek free of cost advice from doctors.

For more information on the spread of COVID-19 and the central and state government response to the pandemic, please see here.

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Standing Committee's recommendations on the Whistleblower's Bill

Government of Chhattisgarh’s response to the COVID-19 pandemic

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