2.1.15 Whistleblowing and National Security in India: The Conflict Between Transparency and State Secrecy
Bhanu Pratap Singh,
Faculty of Law, Madhusudan Law University, Odisha
Adyasha Behera,
Faculty of Law, Madhusudan Law University, Odisha
DoI: CJBES/ Vol.2.1/ June-2025…
Abstract:
Whistleblowing is a crucial tool for promoting transparency and accountability in government and corporate sectors, but it raises significant legal and ethical challenges, particularly when national security concerns are involved. In India, whistleblowers often face the dilemma of exposing corruption or wrongdoing while navigating laws that prioritize state secrecy. This paper examines the complex legal framework governing whistleblowing in India, analysing key legislations such as the Whistle Blowers Protection Act, 2014, the Official Secrets Act, 1923, and the Right to Information Act, 2005. Through case studies such as the Panama Papers and Uber Files, as well as prominent Indian whistleblower incidents, the paper explores the tension between public interest and national security. It identifies critical gaps in legal protections, such as insufficient safeguards against retaliation and weak institutional support for whistleblowers. The study also discusses the role of media in amplifying disclosures and the risks journalists face in covering sensitive matters. Ultimately, the paper offers policy recommendations aimed at strengthening whistleblower protection laws, expanding coverage to the private sector, creating safe and anonymous reporting channels, and ensuring judicial oversight in cases involving state secrecy. By addressing these challenges, the paper argues for a balance that protects both national security and the public’s right to know, fostering an environment where whistleblowers can contribute to a more transparent and accountable governance system.
Keywords:
Whistleblowing, National Security, Legal Protections, Transparency, Accountability.