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WHISTLE-BLOWERS MUST BE HAILED, NOT JAILED

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In August 2005, the Rashtrapati set up the second Administrative Reforms Commission headed by Shri Veerappa Moily “to prepare a detailed blueprint for revamping the public administration system.”

 

The Fourth Report of the Commission is titled “Ethics in Governance”. The Preface of this report carries this quotation of Mahatma Gandhi at the top:

 

As human beings, our greatness lies not so much in being able to remake the world - that is the myth of the atomic age as in being able to remake ourselves.

 

The Preface opens with this paragraph:

 

The Mahatma’s vision of a strong and prosperous India -  Purna Swaraj – can never become a reality if we do not address the issues of the stranglehold of corruption on our polity, economy and society in general.

 

The report goes on to describe the crucial role played by ‘whistle-blowers’ in exposing corruption and why therefore legislation against corruption must include laws to protect whistle-blowers.  The report says:

 

Public servants who work in a department/agency know the antecedents and activities of others in their organization.  They are, however, often unwilling to share the information for fear of reprisal.

 

If adequate statutory protection is granted, there is every likelihood that the government would be able to get substantial information about corruption.

 

The term ‘whistle-blowing’ itself is a relatively recent addition to our lexicon. In the United States, in the post-Watergate era, after the trials and tribulations of Daniel Ellsberg , the man who ‘blew the whistle’ on the so called “Pentagon papers”, whistle blowing has not only been protected by statute, but is also encouraged as an ethical duty on the part of the citizens.

 

Laws providing such protection exist in the UK, USA, Australia and New Zealand.

 

The Law Commission in its 179th Report has proposed a Public Interest Disclosure (Protection of Informers) Bill, which provides protection to whistle-blowers.  This ARC report goes on to cite the tragic examples of two Indians who while performing this ethical duty of exposing corruption had to pay for it with their lives.

 

The Report says: “Manjunath Shanmugam working with Indian Oil Corporation (IOC) was a graduate of the Indian Institute of Management, Lucknow.  He refused bribes and ignored threats to his life in his fight against adulteration by the petrol pump owners.  He paid the price.  He was shot dead on 19th November, 2005, allegedly at the behest of corrupt petrol pump owners.

 

“Satyendra Dubey, working with the National Highways Authority of India (NHAI) exposed the rampant corruption in construction of roads.  He was also found dead on 27th November, 2003”.

* * *

I have quoted all this above because I hold that in the political history of Independent India, the Cash for Votes Scandal has been the most shameful.

If has been a black spot not only for the UPA Government; it has besmirched Indian democracy as well.

 

And the three MPs who exposed the Government’s dark deed have rendered a signal service to democracy.  And Government, whose official ARC report has emphasized that this kind of whistle blowing merits not only statutory protection but is an ethical act as well.  Statutory protection may be necessary for government employees.  But for Members of Parliament ethical conduct is a justification by itself.

 

When on September 6 evening I heard that two of the three MPs who had acted as whistle blowers had been sent to jail, I did feel extremely upset.  It made me say in the House on the last day of the session: “I knew that they intended to place the entire bribe money on the Table of the House.  If I felt that they were doing anything wrong, as Leader of the Party I would have stopped them.  If, however, Government thinks that what they have done is wrong and so has put them behind bars I would like to tell the Treasury Benches, I am even more guilty because I did not restrain them.   Send me also to Tihar.”

kulaste    bhagora    argal

The three MPs who made history in 2008 by laying bare this scam were Kulaste, a Tribal, Bhagora and Argal, both Scheduled Caste. Obviously those who approached them with cash presumed that these MPs would be vulnerable. Argal is a sitting Member and so his case has been referred by the Speaker to the Attorney General.

 

 

L.K. Advani

New Delhi

17 September, 2011

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16 Responses to “WHISTLE-BLOWERS MUST BE HAILED, NOT JAILED”

  1. AP SHUKLA Says:

    RESPECTED ADVANI JI. AFTER LONG TIME I HAVE SEEN YOU STANDING FOR FOR THE PRINCIPLE YOU BELIEVE. ALTHOUGH IT MAY SEEM IMPROPER TIMING TO MANY BUT I HAIL YOUR STRONG SUPPORT TO OUR SHRI KULASTE, SHRI BHAGORA AND SHRI ARGAL JI. IT IS INDEED AN ISSUE FOR WHICH YOU CAN AND SHOULD START ANOTHER HISTORIC RATH YATRA.
    It is very ironic in our Indian Political Atmosphere where often Good deeds are questioned if committed by certain people and bad deeds are forgotten or not discussed if committed by certain other section of society.
    I was watching debate on various news channel about Sadbhavana Mission of Shri Narndra Bhai Modi. Each channel was saying that why Narendra Modi do not seek apology for 2002. It has become so popular to snub Narendra Modi’s voice that no body even questions it. As if it has already been proved that Narendra Modi was instrumental in mishaps of 2002. Has Rajeev Gandhi asked for an apology for carnage in 1984 or Killing of Kashmiri Pandits in Kashmir.

  2. cmpershad Says:

    With corruption being nationalised, has whistleblower any role to play????

  3. pankaj Says:

    Every issue has its merits and demerits. While there is no denying the fact that whistle-blowers need protection but it is also a fact that there are vested interests pursuing their designs in garb of an activist. We should be simultaneously tackling them also.

  4. Lavesh Says:

    Sir,
    Completely agree with your views. But as a common man, I am unable to understand why should I beleive in BJP as a party that it can give the clean government.
    Can we say that all the states ruled by BJP are corruption free? Police people do cut the challan rather than petty amount? Doctors are always available in time in the hospitals? Kid are getting quality education in all the government run schools? Government officer don’t harass people to make money? etc.
    If this can be looked much seriously by you and BJP team, that will bring back the confidence of common people on BJP, else it wold be a discussion of big theif or small theif, but both are theif.

    Thanks

  5. guru.ksgm Says:

    Sir, being a spirited Indian, I disagree with the Indian Government (1984) in dedication, the day 12th of January as a ‘National Youth Day’ in remembrance of Swami Vivekananda’s birthday. My suggestion for Swami’s Birthday 12th of January better to be considered as “International Student Day” and the “National Youth Day” should be dedicated on 31st of October as a total remembrance to Sardar Vallabhbhai Patel, for his service to the nation with his outstanding courageous statesmanship in unifying India. And his legacy will be ideal sources of inspiration to Indian youths in enliven their life on the path of Sardar’s philosophy, exemplary ideology towards patriotism, nationalism and integrity.

  6. guru.ksgm Says:

    Sir, my observation on “International Student day” explores from time immemorial on finding the best student who has devoted himself in process of generating a unique legacy for his mentor, in rising the mentor’s life-size and fame after their mentor’s death by pure ways of delimiting his own image. But to my surprise I find only two such a kind; rather everyone being a student where in common attire in considering to take their mentor’s legacy as a tool of developing his/her own identify or being self-famous.

    My insight points clearly towards two personalities so far (Plato and Swami Vivekananda). Today worldwide both Socrates and Ramakrishna Paramahansa are still known is because of the selfless service of their students (Plato’s works on Socrates ideas & philosophies and Vivekananda’s establishment of Ramakrishna Math & Mission). As Plato birth date is unknown, so I considered Swami’s birthday.

  7. guru.ksgm Says:

    Sir, with great pain I sense, the second grade leaders/students of BJP are focused very much on position identity; totally disremembered to uphold the legacy of Advaniism or Vajpayeeism for building a great-India.

  8. guru.ksgm Says:

    Sir, I am very much confident that you may not consider this thought, but I explain with case study of yours as an example. Sir, your position of becoming PM of India had chances on many occasions but being a MP of Gandhinagar you chances faded on three occasion, (1) After Godhra Incident ABV wanted to quit (2) The days before Presidential election of India in 2002 (Vajapayee being considered for president and you replacing him). (3) As a PM candidate in 2009 General Election. (It is your work and luck which carried ABV to the position of PM of India)

    With More Facts:

    Rae Bareli (Indira Gandhi – 1967 – 1971 -1980) – After 2004 General election, the Prime Ministerial candidate of UPA (Smt. Sonia Gandhi) emerged victorious from Rae Bareli and with full support of her alliance partners, she claimed for the post of PM, but the jinx of her constituency devoid the position.

  9. guru.ksgm Says:

    1) The Synergy of Madhya Pradesh and BJP Trinity:

    Sir, the directives of your horoscope is progressive, when you make use the power of feminine energy in your life, within the family (Sister, wife and daughter) or with the nation. The faith of India revolves with Tridevi (Saraswati, Lakshmi & Parvathi). Karma dwells on the Trinity of Feminine Rivers (Ganga, Yamuna & Saraswati) and inference begins at BJP’s trinity (Vasundhra Raje, Sushma Swaraj and Uma Bharthi). The frequency of these three odd leaders success goes to you sir, your care and direction has made them to ascent the chief Ministership of three different states; but the synergy of their collectiveness depends on their position with Madhya Pradesh and L K Advani Yatra. As your horoscope revolves courageous with the yatra, the time will also redefine its role in fully utilization of these three leaders and moreover will also find a dual constituency at the same time in Madhya Pradesh & Andhra Pradesh.

  10. guru.ksgm Says:

    1) The count of Lok Sabha numbers; pendulum always strike on Andhra Pradesh:

    Since every political scientist would like to claim that AP plays a widest role in carriage of a political party towards the treasury bench or for an effective opposition if matters, the reason are its peoples thoughts are revolutionized on political superstructures and out of reach from pressured groups. As I stated above many personalities in Indian have utilized your service and luck to reform oneself to attain positions, the one missing from the lot is Vijaya Shanthi. Your yatra will be decisive to her and the telangana.

    Sir, the speculation of converting political thoughts into action needs a tricky tightrope walk between the risk and performance. I hope that your liberty rest on your leadership courage to announce during the yatra not to contest from Gandhinagar or Gujaraj in next coming election.

  11. guru.ksgm Says:

    Sir, I consider you one among the few in Indian politics since 1857 to be called as a genuine national leader, who has been accepted by the nation for your wide movement in generating mass people support. If your presence stopovers in Gujarat for next election to contest from there; this will certainly intensify the comparison between: in favour of upgrading a State-based leader (modi) V/s degrading a national-based leader (LKA).

    Sir, your presence of contesting election from Gujarat since 1991 has established asset to BJP and its leaders to claim position so far, but your presence in Gujarat has totally conquered and overshadowed another personality of your same kind (Shri. Harin Pathak, 20th July 1947). I hope your presence out of Gujarat will prove his ability with more efficient than all second grade leaders in India (inclusive all political party).

    Namaste & Well Wishes

    K S Gurunath Murthy

  12. Bharati Says:

    Totally agree … Whistle blowers must be protected and not thrown under the bus. It a need of the hour to change the laws around protecting whistle blowers. Youth and general people will support it

  13. Bharati Says:

    Time to take the high ground and walk on it

    I am very impressed that there has been a true effort to expose corruption. But on a separate note I want to talk about the ugly dance of religious politics that is destroying lives, infusing hatred and bringing shame to the nation. I want to talk about Ram Janmbhoomi. I am a devout hindu and pray everyday. I am pained by the fact that temples have been razed in the past. But i also believe that razing mosques is not the solution to it. We are slowly maturing into a vocal and inclusive society and now is the time to take the high ground and to walk it. Sir, I believe that you will be going on a rath yatra soon. I as a citizen and future of the country want you to consider raising the issue of Ram Janmbhoomi and bring a consensus to make the grounds areligious. To offer to construct a world class hospital there where people of all faiths can be healed not by faith but by medicine. Let it become a shrine of healing for all. Continued ….

  14. Bharati Says:

    In the name of Ram and Allah, let it not be a fight to claim right over land and worship, but a quest for sacrifice and goodwilll for all. Isn’t that what Ram would have wanted, isn’t that what he lived and taught … sacrifice …., isn’t this what Allah would want … everyone to receive a fair chance at life? It would be a dream come true to see something so wonderful come out of it and overshadow the ugly incidents associated with it. It will get everyone’s support too. Who would want to oppose a hospital? Its time to do that right thing and be a true leader.

  15. chetanya Says:

    आदरणीय श्री अडवाणी जी सादर चरण स्पर्श ,

    सर, हम गूंगी और बहरी सरकार से यह उम्मीद कैसे रख सकते है की वो विसल-ब्लोअर‘ के साथ न्याय करेगी यह तो कांग्रेस की पुरानी परंपरा रही है , जो भी सत्य के लिए सिटी बजाये उसे तिहाड़ में डाल दो ! कांग्रेस को तेज आवाज से भय लगता है और हम सब जानते है लोभी एवं स्वार्थपूर्ण व्यक्तित्व ही भयभीत होता है और यह बात भी प्रमाणित होती है की कांग्रेस की, स्वर्गीय श्रीमती इंदिरा गाँधी तानाशाही कार्यशेली में अभी भी परिवर्तन नहीं आया है !

    धन्यवाद् !

  16. saurabh.kum Says:

    Dear Sir, with due respect I wish to tell you that the legal team of BJP has goofed up in this case. There are many legal eagles in the party, but the MPs have been left on their own to defend itself. This is a case where natural justice is being denied. The party should have raked up this issue both inside and outside the courts with the more energy and better synergy.

    If Dr. Subramanian Swamy can effect a collateral damage to the UPA with his personal grit, why can the same approach is adopted by the legal team of the party.

    On a different note, all the recent movements by civil society (Anna Hazare, Subramanian Swamy, Baba Ramdev etc.) have been led by individuals with “right to the center” ideology. Interestingly, all of them have maintained a distance from the BJP. If this continues, BJP’s position as a custodian of the Indian right may be lost. Hence, it may prudent for the party to strategize its plans better and do that fast.

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