International Journal For Multidisciplinary Research

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The limited efficacy of the whistle-blower protection & analysis of whistleblower legislation in India.

Author(s) Debleena Chakraborty
Country India
Abstract This research examines the intricacies of whistleblower policies in India, tracing the meaning of whistleblowing and critically examining the current legal framework. It identifies the failures of the present system, especially in the government, where the mechanism tends to fail, diluting its ability to foster good governance. It attempts a comparative assessment of the whistleblower policies of the United States and the United Kingdom in order to point out weaknesses in the existing Indian legal mechanism. The research also identifies bottlenecks against successful whistleblowing and suggests reforming the system by measures including corporate leniency in antitrust law, improved stock exchanges roles, and other new mechanisms.
Majorly to tackle the issue of corruption and corrupt activities, the Government of India introduced regulatory measures, including a whistleblower scheme, to create confidence among individuals to reveal the illicit operations within organizations and in government institutions. The scheme came into the limelight following a series of high-profile scams that hurt India's economy tremendously. The Whistle Blowers Protection Act of 2014 was enacted for safeguarding whistleblowers and eliminating corruption. Nonetheless, in spite of its enactment, the Act is still not implemented, which raises very serious questions regarding its practicality and effectiveness. Lack of awareness of whistleblower rights, fear of retaliation, and bureaucratic inertia are major hurdles. The lack of a specific agency to monitor the enforcement of the Whistle Blowers Protection Act makes the situation worse, making whistleblowers open to harassment and court cases. This encompasses designing awareness programs to make people aware of their rights, developing autonomous institutions for examining complaints from whistleblowers, and ensuring speedy and equitable redressal of grievances. Technology's role in enabling anonymous reporting and whistleblower protection is also underscored in the study. Through closing these gaps and carrying out inclusive reforms, India is capable of developing an accountable and open governance framework ultimately developing a society in which there will be an incentive for a whistleblower instead of risk.
Keywords Whistleblowing policy, corporate leniency, corruption, illegal practices, corporate governance, whistleblowing mechanisms.
Published In Volume 7, Issue 2, March-April 2025
Published On 2025-03-05
DOI https://doi.org/10.36948/ijfmr.2025.v07i02.38383
Short DOI https://doi.org/g87cw6
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