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
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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!!
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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 .
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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.
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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