Presented By:-ASHIF ALI MOLLICK

DHANANJAY KR.SINGHTIRNA 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:-

Internal

Personal

Impersonal

Internal

• Whistle blowing is made to someone within the organization.

Personal

• Whistle blowing is blowing the whistle on the offender, here the charge is not against the organization or system but against one individual

Impersonal• the external whistle blower.

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

8

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

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 fundsBAD CLAIMS

1.unrealistic data projection

2.advertising hypeKNOWLEDGE 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-

blower to do their job?

Undermine the ability of the office to perform its functions?

Were the actions of the whistle-blower proportionate to the public

interest at stake?

Release only of necessary information

Release of information in appropriate public forum?

Public

Interest

Life

Health

Safety

Safety

Env.

Govt.

Effects of whistleblower:-

Forced to leave organization/demotion Credibility ruined

Family, health, and/or life in

jeopardy

Outrage and divisiveness of

people directly or indirectly involved

Physical or psychological

isolation.

Organization experiences

loss of money, restitution,

productivity, and positive reputations.Incarceration.

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

Administrative time and cost may increase

May bind employers to treat small misconduct issues more extensively

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 JETHWAPROFESSION : 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 DOBEYPROFESSION : 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 .

38

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

EDWARD SNOWDEN AND NSA

The NSA Scam Released In May 20 2013Has been the Greatest intelligence

Leak ever in the history of NSA(National Security Agency)

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.

NOW IS HE A HERO OR A TRAITOR ?

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

“Our lives begin to end the day we became silent about things that matter.”

- Martin Luther King, Jr.

Whistle blowing