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2007 Assessment

India: Integrity Indicators Scorecard

India: Integrity Scorecard Report > Sub-Category: Whistle-blowing Measures
Indicators		Score
45	Are employees protected from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)?	75
46	In law, is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?	100
47	In practice, is the internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption effective?	38

Indicator and sub-Indicator Details

Are employees protected from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)?

45a: In law, civil servants who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

YES

Comments: The Prevention of Corruption Act offers special protection to those who wish to report on corruption.

References: Prevention of Corruption Act

45b: In practice, civil servants who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

100

Comments: In recent times, there have been reports of officers who have attempted to expose corruption charges being victimized in subtle and not so subtle ways. Frequent transfers to apparently insignificant positions are some of the ways in which officers who have tried to expose corruption have been penalized. The increasing nexus between the political leadership and the bureaucracy appears to have further suffocated those who seek to work with integrity.

An officer belonging to the elite Indian Administrative Service (IAS) has alleged that he has been victimized because he attempted to expose corruption and has been transferred six times in six months. He has taken his case to the Tribunal and also used the Right to Information Act to seek further information on his frequent transfers (Web site appended).

References: www.fightcorruption.wikidot.com

45c: In law, private sector employees who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

YES

Comments: The government position has been that names of those who reports acts of corruption or misuse of office will be ketp secret and not publicly disclosed.

References: Prevention of Corruption Act www.cvc.nic.in

Peer Review Comments: The statement is not clear.

Peer Review Comments: The reference could also include the Government Resolution on Public Interest Disclosure (Protection of Informers).

45d: In practice, private sector employees who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

100

Comments: In reality, the attempt to report corruption often boomerangs because of the network of contacts of those taking part in corrupt practices. Informal leaks and the wide network of those involved in corrupt practices often exposes the whistleblowers.

References: www.cvc.nic.in;

www.nhrc.nic.in

In law, is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?

46: In law, is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?

Score:

YES

Comments: Yes the Central Vigilance Commission, Central Bureau of Investigation, Human Rights Commission and Women's Commission have a dedicated number for filing of complaints as well as an email address and fax number.

References: www.cvc.nic.in;

www.nhrc.nic.in;

www.nwc.nic.in

In practice, is the internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption effective?

47a: In practice, the internal reporting mechanism for public sector corruption has a professional, full-time staff.

Score:

100

Comments: The Central Vigilance Commission (CVC) has been monitoring corruption complaints and corrupt practices. At the state-level, the Lok Ayukta has been charged in some states to investigate citizens' complaints of maladministration and corruption. The action taking authority is in most cases the competent authority, invariably the government. This severely hampers the good work that is done by these agencies. A caveat needs to be added. The effectiveness of the system varies across states significantly.

References: www.cvc.nic.in;

www.lawmin.nic.in

Peer Review Comments: The low score is not a staffing issue, but a state issue!

47b: In practice, the internal reporting mechanism for public sector corruption receives regular funding.

Score:

100

Comments: Their funding is part of what is included in the budgetary provisions. There is a general comment that the quantum of funds at their disposal in not commensurate to the responsbilities of these agencies.

References: www.cvc.nic.in

47c: In practice, the internal reporting mechanism for public sector corruption acts on complaints within a reasonable time period.

Score:

100

Comments: The elaborate procedures frequently delay investigations and more often than not defeat the very purpose of these investigations. Often there is a vested interest to protect groups and delay processes in order to ensure that a complainant is frustrated into giving up the pursuit of the case.

References: www.nhrc.nic.in;

www.lawcommission.nic.in;

www.cvc.nic.in;

www.lokayukta.karnataka.nic.in

47d: In practice, when necessary, the internal reporting mechanism for public sector corruption initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: When irregularities are discovered, the agency/entity is aggressive in investigating the government or in cooperating with other agencies\' investigations. <p>50 Score Criteria: The agency/entity starts investigations, but is limited in its effectiveness. The agency/entity may be slow to act, unwilling to take on politically powerful offenders, reluctant to cooperate with other investigative agencies, or occasionally unable to enforce its judgments. <p>0 Score Criteria: The agency/entity does not effectively investigate. The agency/entity may start investigations but not complete them, may refuse to cooperate with other investigative agencies, or may fail to detect offenders. The agency/entity may be partisan in its application of power.$

Comments: There was a rule that a political leader pronounced years ago which captures the attitude of the authorities quite succinctly - If you can, don't move; If you must, move slowly; if pushed, move in circles; and if cornered, appoint a committee. This mirrors the response of the government to investigations which are often uncomfortable and inconvenient.

References: www.lawmin.nic.in;