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Presented By:-

ASHIF ALI MOLLICK


DHANANJAY KR.SINGH
TIRNA DATTA
ZEESHAN ISLAM
What is whistle blowing????
Whistle blowing in its most general form involves
calling(public)attention to wrong doing, typically in order to avert
harm. Whistle blowing is an attempt by a member or former
member of an organization to disclose wrong doing in or by the
organization.

Definition of whistleblower:-
A whistleblower is an employee, former employee, or member
of an organization, especially a business or government agency,
who reports misconduct to people or entities that have the
power and presumed willingness to take corrective action.
Types of whistle blowing:-
• Whistle blowing is made to someone within the
organization.
Impersonal Internal
Personal
Internal • Whistle blowing is blowing the whistle on the
offender, here the charge is not against the
Personal organization or system but against one individual

• the external whistle blower.


Impersonal
Other types of Whistle-blowing

• Current
• Alumni
• Open
• Anonymous
• Personal
• Impersonal
Purpose of whistle blowing:-

 To alert the public

 To protect the constitution

 To stop misuse of power

 To protect the environment

 To defend democracy
Components of an effective whistle-blowing policy
A clearly laid Whistle Blower Policy.

Effectively communicated statement of responsibility

A clearly-defined procedure for reporting.

Trained personnel to receive and investigate reports.

A commitment to take appropriate action.

An effective Safeguard of the Whistle


Blower

Specifying steps toward Abused protection by


false whistle blowing
Procedural Aspects of Whistle Blowing
Providing confidence to person to blow the
whistle

Mechanism to aid anonymous


reporting - email, telephone numbers.

Independent Ombudsman or Chairman of


Audit Committee for handling such information

Whistle Blower need not inform the supervisors

Ensuring confidentiality and security of the Whistle Blower

Specifying specific flow of work to Audit


teams –internal and external

Review and affirmation of process by


Board/Audit Committee
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Stages of a Whistle Blowing Incident

 Stage One – Is There a Potential Whistle Blowing Scenario ?

 Stage Two – Seriousness Test.

 Stage Three – Reality Check.

 Stage Four – Becoming Aware of the Big Picture.

 Stage Five – Forcing Management Recognition of the Problem.

 Stage Six – Taking the Problem to Upper Management.

 Stage Seven – Going Outside the Organization.

 Stage Eight – Living with The Results.


Stage One – Is There a Potential Whistle
Blowing Scenario ?

A potential whistle blowing incident begins with conditions :


• 1.Action that you believe is ethically wrong.

• 2.You know relevant information which is not


generally known and became public knowledge
the course of action would be changed.
Stage Two – Seriousness Test

• Ask yourself is if the issue is serious enough to merit your


concern
• Most concerns that pass through stage one are likely to fail
the seriousness test
Stage Three – Reality Check

• Discuss the issue with colleagues or someone


whose opinion you trust. If they have a different
view try to understand why.
Stage Four – Becoming Aware of the Big Picture

• You need to get beyond your individual


prospective and see the problem in a broader
setting. You need to acquire more information
Stage Five – Forcing Management Recognition
of the Problem

• Try and get the problem solved from within


organization with as little hard feelings as
possible.
Stage Six – Taking the Problem to Upper
Management

• You select someone who:

1. Has interest and responsibility in the area.


2. Is likely to be sympathetic.
3. Has the clout to get something done.
Stage Seven – Going Outside the Organization

• Contrary to popular belief newspapers are not a


great place to go. Reporters like to sell stories

• Regulatory agencies and legal authorities are


a better choice
Stage Eight – Living with the Results

• A whistle blower essentially never continues


a happy career in the same organization.
Characteristics of a whistleblower:-

 Altruistically Motivated

 Utilitarian

 Uninterested in Altering Their Behavior

 Allows Own Attitudes and Beliefs to Guide Them

 Often are Well Educated and Holds Professional


Positions
WHEN TO BLOW THE WHISTLE?
 KNOWLEDGE OF INAPPROPRIATENESS

1.making proprietary software available to


public
2.back door/booby trap in codes
3.embezzlement or redirection of funds
 BAD CLAIMS

1.unrealistic data projection


2.advertising hype
 KNOWLEDGE OF IMPENDING DOOM
HOW TO BLOW THE WHISTLE?
 DO IT ANONYMOUSLY
let the evidence speak for itself and protect
yourself if possible.

DO IT IN A GROUP
charges will have more weight and wont seem
like a personal vendetta.

PRESENT JUST THE EVIDENCE


leave interpretation of facts to others.
Is whistle blowing justified????
 Is the whistle-blower acting in the public interest?
 Is the whistle-blower acting in good faith?
 Has the whistle-blower exhausted internal channels?
 Does the whistle-blowing prejudice the ability of the whistle-
Life
blower to do their job?
Govt. Health
 Undermine the ability of the office to perform its functions?
Public
 Were the actions of the whistle-blower proportionate to the public
Interest
interest at stake? Env. Safety
 Release only of necessary information
Safety
 Release of information in appropriate public forum?
Effects of whistleblower:-

Physical or
Forced to leave Credibility ruined psychological Organization
organization/demotion
isolation. experiences
loss of money,
restitution,
Outrage and productivity,
Family, health, and positive
divisiveness of Incarceration.
and/or life in reputations.
people directly or
jeopardy
indirectly involved
Protection laws:- 1989

1994

Whistle blower protection law 1989


The Whistleblower Act 1994
Acts passed in US
• Lloyd-La Follett Act (1912)

• Water Pollution Control Act (1972)

• Safe Drinking Water Act (1974)

• Resource Conservation and Recovery Act (also called the Solid Waste Disposal Act)
(1976)
• Toxic Substances Control Act (1976)

• Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or


the Superfund Law) (1980)
• Clean Air Act (1990)

• Sarbanes-Oxley Act (2002) (for corporate fraud whistle-blowers)


Risk Involved
May contribute to an
environment of mistrust
and uncertainty

May bind employers to


treat small misconduct Administrative time
issues more extensively and cost may increase
than is warranted
Advantages
• Exposing Unethical Behaviour.
• Legal Protection
• Public Safety
• Moral Responsibility
Disadvantages
• Diminished Career Prospects.
• Personal Complications.
• Retaliation
Firing
Blacklisting
 Intimidation
 Threats
• Conflicts of Interest
Whistle Blower…

The Actual Reward!!

34
AMIT JETHWA
 PROFESSION : Environmentalist and social worker.

 ACTIVE IN : Gir Forest Area in Gujarat.

 WHISTLEBLOWING : Protested illegal mining in protected areas. Campaigned


against corruption in Indian Forest Service.

ASSASSINATION : On 20th July 2010 , he was shot dead by two motorcyclist .

CONSEQUENCES : In September 2012 , the case was taken up by CBI. In November 2013 ,
prime accused and a MP, Dinu Solanki was arrested .
SATYENDRA DOBEY
 PROFESSION : Indian Engineering Service (IES) Officer
Project Director at National Highways Authority of India at Koderma.

 WHISTLEBLOWING :
 Exposed corruption in the Golden Quadrilateral Highway Project.
 Wrote a letter to the PM and the chairman of NHAI exposing the corruption .
 Was transferred to Gaya.

 ASSASSINATION : On 27th November 2003 , he was shot dead at Gaya .

 CONSEQUENCES : On 22nd March 2010 , the three accused were convicted .


History Repeated in the Manjunath
Shanmugham Incident (2005)

Manjunath Shanmugham, an IIM

graduate and a sales manager of

the IOC, was murdered on Nov 19,

2005 for exposing the racket of

adulteration of petrol and the

mafia behind it.

38
NOW IS HE A HERO OR A TRAITOR ?
Snowden's leaked documents uncovered the existence of
numerous global surveillance programs, many of them run by the NSA
and the Five Eyes with the cooperation of telecommunication companies
and European governments. In 2013, the existence of the Boundless
Informant was revealed, along with the PRISM electronic data mining
program, the X Keyscore analytical tool, the Tempura interception
project, the MUSCULAR access point and the massive FASCIA database,
which contains trillions of device-location records. In 2014,
Britain's Joint Threat Research Intelligence Group was revealed,
along with the Dish fire database, Squeaky Dolphin's real-time
monitoring of social media networks, and the bulk collection of private
webcam images via the Optic Nerve program. In May 2014, The
Intercept reported that the NSA was working in partnership with the
U.S. DEA, and was recording the content of all cell phone calls made in
the Bahamas.
He Blew the Whistle

Now the Nation called him the TRAITOR

But still the WORLD called him a HERO


Corporate Whistle Blower Policy

• Clear definition of individuals covered by the policy.


• Nonrealization provisions.
• Confidentiality.
• Process.
• Communication.
CONCLUSION
• 1 . A whistle blowing incident is probably the most
emotionally difficult thing you can experience as a
professional.

2 . Not every incident that should result in whistle blowing


does, sometimes the whistle is “swallowed” rather than
blown.
• 3.In some cases, there are federal and state laws meant
to provide protection for the whistle blowers.

4.If you find yourself in a possible whistle-blowing


incident, you should exhaust all internal alternatives for
addressing the problem and accumulate all
documentation possible. If blowing the whistle becomes
the only alternative, then you should anticipate a job
change and you should get good legal representation
Whistle blowing

“Our lives begin to end the day we became


silent about things that matter.”

- Martin Luther King, Jr.

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