Right To Information Act,2005

Vs.
Whistleblower Protection Act,2011
These are the laws and acts enabled to ,Let the Citizens be
informed about everything and remain Protected during
enquires.
 Right To Information Act,2005

• Earlier it was known as the

Freedom of Information
act,2002.

• RTI replaces it and gives

direction to all the
government sector to
digitise their document i.e.
tenders, bills, receipts etc.
 Right To Information Act,2005

• It was passed by Indian Parliament on 15 June ,2005.

• It was enacted on 12 October 2005 in the whole

country, except Jammu and Kashmir.

• It relaxes The officials Secret Act,1923.

• The official have to reply to the RTI, within 30 days with

a reasonable answer and information asked by the RTI
filer.
 Whistle Blowers Protection Act,2011

• This act was passed by Indian Parliament(Lok

Sabha) on 27 December 2011, and By Rajya
Sabha on 21 February 2014.

• It got the assent of President on 9 May 2014.

• This act generally assures the protection of the

whistleblower. In short Whistleblower is the
person who raises his voice or discloses some
illegal work done by the Public Authorities.
Whistle Blowers Protection Act 2011.

• On 27 November 2003,Satyendra Dubey ,was

murdered in Gaya , Bihar. He raised his voice or
in other words he blowed Whistle against an
illegal change in Golden Quadrilateral Project at
Koderma.

• On 19 November 2005, Shanmugham Manjunath

was murdered,he was a sales officer in Indian Oil
corporation. Because he sealed a Petrol Pump
selling adulterated oil.
 Reports and Surveys
• More than 1.75 crore RTI’s are
filed till 2016. This Survey was
done by EconomicTimes. On
06, October, 2016.

• Over 311, instances of

Harassment, Rape , Murder
and Mental Torture have been
reported till now, says the
survey done by National Crime
Record Bureau(NCRB).
 Raj Narain V. State of U.P.
(1975, AIR 4 SCC 428.)
• In this case,the Apex Court
stated that if you don’t know the
facts you wouldn’t be able to
explain. It means that during
general elections Former PM
Indira Gandhi was found guilty of
using government machinery but
was not guilty of bribery
allegations.

• This case also deals with Right

to Privacy of an Individual.
 Effects of Whistleblower Protection
Act, 2011.
• The disclosure of illegal Tenders,
Allotment of Lands, Misuse of Powers,
reduction in Corruption rate,etc. protection
have been provided to the investigating
officers and the RTI filers.

• In 2013, S. P. Mahantesh , was sent to

mental asylum and later on was killed due
to blowing whistle against the illegal
allotment of land by Mayawati
Government.

• In 2013,In Madhya Pradesh , Vyavsayik

Pariksha Mandal(Vyapam) was disclosed
by Mr. Ashish Chaturvedi.
 Conclusions
• Inspite of these laws the rate of
corruption and illegality is still so high,
This needs a permanent solution.

• The courts should do regular check on

the whistleblower and should be
provided with protection before he /she
moves to court.

• The citizens should be aware of the

policies made for them by the
government.

• A new minstry should be set up for the

RTI’s and whistle blower department,
so that the access to the information
can be done by the citizens easily.
 suggestions
• For every Whistle Blower , to
preserve his identity there must be
token number system instead of his
name.

• In order to get rid of the fever of

corruption the boundaries of court
should not be limited to delivering
judgment, but they need to be active
on disclosing the truth.

• A new ministry should be established

in order to monitor the activities and
usage of funds by public authorities.
 A Presentation By:
Vikas Pratap Singh
Trinity Institute of Professional Studies,
Trinity School of Law and Legal
Studies
Dwarka, sector -09,Delhi.
VIKAS276017@GMAIL.COM
Contact no.-9958946260.