The Protection and Encouragement of Whistleblowers in the Context of Access to Justice: A Critical Analysis of Indian Public Sector Law

Abstract

The protection of whistleblowers has been analysed from different perspectives such as disclosure, accountability, good governance and so on. However, there is a vacuum with respect to analysis of whistleblowers in terms of access to justice. This article aims to fill that gap by offering a new perspective for examining the issues involving the protection and encouragement of whistleblowers. Taking a victim-centric approach, this article asks, ‘How does Indian law respond to the legal needs and legal problems of whistleblowers?’ For this purpose, the Whistle Blowers Protection Act, 2011 and the Whistle Blowers Protection Amendment Bill, 2015 are examined and recommendations made as to how access to justice can be made a reality for whistleblowers.