A study on the Laws regarding Protection of Whistle-Blowers in India

  • Preksha Agrawal
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  • Preksha Agrawal

    Student at NMIMS Kirit P. Mehta School of Law, India

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Abstract

Whistleblowing is a heroic and a noble act that helps in preventing fraud, corruption and wrongdoings within an organisation. Even though the efforts of the whistle-blower and the risk taken by them in disclosing information is appreciated and valued, they face various challenges from peers, senior management, individual or group against whom he has whistle-blower. There have been various incidents which have occurred in India showcasing need for India to implement effective laws which will protect the whistle-blower and their interest. Cases like Satyendra Dubey, the Shanmugam Manjunath case, among others, demonstrated the necessity of regulations to handle whistle-blower cases in India. Provisions regarding whistle-blowers are contained in Companies Act, 2013, SEBI(LODR) rules and Whistle-blower Protection Act, 2014 which has not been implemented. However, the existing legislation has a lot of loopholes and setbacks. This paper studies the need for having laws for protection whistle-blowers and the existing laws regarding the same. This paper will also analyse the existing laws and the shortcomings in them.

Keywords

  • Whistle-blower
  • Protection
  • Disclosure
  • Wrongful activity
  • Fraud

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 945 - 951

DOI: https://doij.org/10.10000/IJLMH.114472

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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