Whistleblowers
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The steep rise of Indian and Chinese economies has brought about enormous opportunities as well as challenges for Nepal. Public knowledge of bribes, law violation and corruption culture is scarce. In this context, the 'whistleblower' technique is promising.
The word whistleblower comes from the practice of English policemen who blow their whistle when they see a crime being committed. The whistle alerts both law enforcement officers and general public. The whistleblower can be an employee, a former employee or member of business/government agency who reports misconduct to authorities that have the power to take corrective action. Disclosure of misconduct pertains to violation of law, mismanagement, waste of funds, abuse of authority and/or substantial danger to public health and security.
There is a widespread 'shoot-the-messenger' mentality and whistleblowers have been subjected to criminal prosecution and/or retaliation for reporting misfeasance. Some have lost their good name, others receive death threats. When a credible employee with integrity exposes corruption as part of professional duty, the disclosure itself becomes an occasion of momentous responsibility. The need for public servants to count on their legitimate right to tell the truth without fear is self-evident.
Shanmughan Manjunath was shot dead in 2005 for threatening to revoke the license of a petrol pump owner for selling spurious fuel and expose the racket of fuel adulteration in Uttar Pradesh, India. Demanding stern punishment to the guilty, a district court decided on capital punishment for the main accused on March 26, 2007; seven accomplices were sentenced for life. 'Manjunath,' a Bollywood film, has been made on this episode.
This verdict rekindled hopes that the killers of another slain whistleblower Satyendra Dubey, who tried to expose loot of public money while working as an engineer at Highway Authority of India in Bihar's Gaya, will also be sent to the gallows. Outraged over corruption in construction, he had dared write a letter to the then Prime Minister urging him to act against the all-powerful mafia, which in 2003 cost him his life. Social organizations and rights activists have since been demanding a secure environment for people exposing malpractices.
Likewise, Vijayakumar, a Karnataka-based bureaucrat with a penchant for exposing his colleagues who supplement their modest salaries with bribes, has been pushed around the civil service like a hockey puck and was forced to switch job seven times. His wife Jayashree decided to protect the life of her husband by making his actions public over the internet. There are similar examples in Nepal.
Dr Govinda KC, an orthopedic surgeon at the Tribhuvan University Teaching Hospital, has once again raised the issue of medical malpractice by going on a fast-unto-death from March 22 after the government failed to address his demands. This whistleblower demands implementation of a new medical policy that prohibits new affiliations to medical colleges, strict action against officials involved in irregularities in granting of affiliations to two medical colleges, a policy to establish medical colleges in rural areas and implementation of past decisions on feasibility of medical university.
Though the Commission for Investigation of Abuse of Authority (CIAA) has been active in recent days, some of its activities are even being questioned in the House.
The idea of 'agents of change' (whistleblowers) as part of efforts to review public sensitivity towards corruption is a must. The proposal may provide policymakers an opportunity to curb corruption in public life, catalyze reform initiatives and deliver results soon. Yet provisions that protect whistleblowers from inevitable backlash are a must.
The Whistleblower Bill, in conformity with the ones in the US, UK, Australia, South Africa and Protection in Public Interest Disclosures Bill, 2006 in India may not only help curb corruption but also enhance accountability. The Modi Government in India is now said to be working on this after the Anna Hazare movement.
The reason behind the delay in presenting the Bill in the Nepali Parliament is said to be the possibility of the law's misuse. National Whistleblower Center, a watchdog agency, will be established with a protection fund and measures in conformity with existing safeguards regarding the Right-to-Information law. Prompt enactment of the Whistleblower Bill will help disclosure of disclosing wrongdoings and lower corruption. Public-private partnership is essential to curb corruption and promote good governance.
The author is an advocate nandanadhikari@gmail.com
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