Question : Attack on Whistleblowers and RTI Activists

(a) whether the Government has received complaints with regard to crime, attack and murder of whistleblowers, RTI activists, social activists and journalists in the country;

(b) if so, the details thereof and the total number of such cases reported separately, persons arrested, convicted/ acquitted and the action taken against the guilty along with the steps taken to improve the conviction rate during each of the last three years and the current year, State-wise; and

(c) the steps taken to provide better protection to the said categories along with the details of advisories issued to the States to stop such cases in future?

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI HANSRAJ GANGARAM AHIR)

(a) to (c) As per the data furnished by NCRB, the information on State/UT-wise cases registered and persons arrested, for attack on whistle blowers, RTI Activists/Social Activists and Media persons/journalists, for the offence of causes grievous hurt (under section 325, 326. 326A and 326B IPC) is collected on a monthly basis from 2017 onwards only. However, the data for 2017 is not completely available for all States/UTs.
The Government of India vide Resolution dated 21.04.2004 on Public Interest Disclosure & Protection of Informers had authorized the Central Vigilance Commission as the ‘Designated Agency’ to receive written complaints for disclosure on any allegation of corruption or misuse of


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office and for recommending appropriate action. It also authorized the Chief Vigilance Officers of the Ministries/ Departments of the Central Government as the ‘Designated Authority’ to receive written complaint or disclosure on any allegation of corruption or misuse of office in respect of any employee of that Ministry/ Department or any organization. The Commission, after receipt of such representation(s) from Whistle Blowers about threats to their life, takes up the matter with the Ministry of Home Affairs, the Nodal Agency, to undertake the responsibility of providing security cover to genuine Whistle Blowers. The Home Ministry, in turn, asks individual State Governments to examine the threat and provide security cover, if needed.
Further, ‘Police’ and ‘Public Order’ are State subjects under the Seventh Schedule to the Constitution of India, The State Governments are primarily responsible for prevention, detection, registration and investigation of crime and for prosecuting the criminals through their law enforcement agencies, as also for protecting the life and property of the citizens including whistleblowers, RTI activists, social activists and journalists in the country. Further, States/ UT administrations are empowered to enact and enforce laws to curb the menace of crimes in their jurisdiction, to maintain law and order and to protect the interests of citizens for maintaining peace for coexistence in the society. Ministry of Home Affairs has issued advisories from time to time which are available in Ministry’s website www.mha.gov.in. These advisories include advisories on RTI activists and advisory on Safety of Journalists.





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