Right to Information
Is there any hope for a protective mechanism for whistleblowers?

The Supreme Court recently ruled that protection of whistleblowers is a state subject. In a murder case the Bihar State Information Commission refused to acknowledge the victim as an RTI activist; will NHRC succeed?

Perhaps not many would remember that RTI (Right to Information) activist Ram Vilas Singh who dared to use RTI to unearth corruption and misuse of development funds in the Amhara gram panchayat of Bihar was brazenly shot dead in his Bavangavan village in December last year. His crime was to ask information under RTI pertaining to financial irregularities in construction of check dams; appointment of Anganwadi workers and hoarding and black marketing of commodities distributed through the Public Distribution System.

Strangely, the Bihar State Information Commission refused to acknowledge him as a RTI activist and therefore, did not suo motu pass an order to the concerned departments of the gram panchayat to voluntarily disclose information he had asked for and put it in the public domain. Nor did the police department take immediate action, allowing miscreants to roam free.

Also, the Sub-Divisional Police Officer’s (SDPO) first report filed by his son, clearly speaks of a conspiracy to eliminate Singh due to his RTI activism. The conspiracy is said to have been hatched by one of the accused in this case who was spending time in jail on account of being an accused in another murder case. Despite this police report confirming that Singh was a RTI activist the Bihar State Information Commission has remained indifferent.

Also, the Supreme Court recently, in a hearing of a public interest litigation seeking safety for whistleblowers stated that, “the incidents of killings (of whistle-blowers and RTI activists) are tragic and unfortunate, but law and order is a state subject. It is for the state government to take action. We cannot issue guidelines…”

Taking up the cudgels of this indifference to whistleblowers and activists who stake their life for the society, social activist, Venkatesh Nayak, programme coordinator of Commonwealth Human Rights Initiative (CHRI) made a complaint to the National Human Rights Commission (NHRC) in February 2012 for justice to Ram Vilas Singh. NHRC sent a letter to the Deputy Inspector General of Police (Human Rights), Bihar, seeking a report on the incident by submitting “a further report as to the outcome of the investigation.”  Nayak received a reply last week from the NHRC containing a copy of the report submitted by SDPO on the orders of the DIGP. Nayak states that the report hints at a larger conspiracy to eliminate Singh and suggests more investigations into the conspiracy angle. The NHRC has asked Nayak and other complainants to submit their suggestions on the report sent by the SDPO by 25 January 2013. Thereafter, NHRC will take further action.

According to the earlier SDPO’s report, a first information report (FIR) was filed on the basis of information given by the Late Ram Vilas Singh’s son who is an eye witness to the murder. Three accused were identified by name. Two others were mentioned in the FIR as accomplices of the accused but could not be identified in the melee. The SDPO’s investigation report identifies the remaining two accused by name. A charge-sheet was filed in the trial court in January this year. The police have arrested only two of the accused. The remaining three accused have been declared absconders and the trial is on against the two accused. The main accused Rakesh Kumar Singh alias Bambam Singh remains untraceable along with two of the accomplices. The main accused in this case is also wanted for trial in relation to other murders committed earlier.

Adds Nayak, “when he was alive, Ram Vilas Singh had also filed several RTI applications with the State Election Commission and various authorities in the Police Department asking why the main accused was not being arrested despite him moving around freely and committing offences during elections to the local bodies (panchayats) last year but he got no answers nor was any action taken.”

Nayak has made an appeal to citizens to suggest ways to put pressure on the Bihar State Information Commission to act, now that the “further report” also confirms that Singh was a RTI activist. In his appeal Nayak says: “I request readers to send suggestions for next steps in this case. Please send suggestions as to how to make the Bihar State Information Commission order disclosure of information in all the matters filed by the Late Ram Vilas Singh and pending before them instead of denying the RTI link to the murder.”


On 19 November 2012, a RTI activist in Odisha who has been filing RTI applications to procure information from the mining sector has been threatened but no protection has been provided to him despite his request. With the judiciary as well as the state throwing up its hands to protect whistleblowers, the situation for pro-active and participatory governance is very dim.


Says Nayak, “so who then will defend and protect human rights defenders such as RTI users, anti-corruption crusaders and whistleblowers of wrongdoing in government? Should they be at the mercy of that very government whose functionaries harass them or even cause their murder in collusion with criminal elements? Can we have some protective mechanism instituted by then next Human Right Day (which falls on 8th December) in December 2013? We have a whole year to discuss, debate and get some advocacy going.”  Interested readers may get in touch with Nayak at: B-117, First Floor, Sarvodaya Enclave

New Delhi- 110 017, INDIA, Tel: +91-11-43180215/ 43180201,Fax: +91-11-26864688

Skype: [email protected]

Alternate Email: [email protected]

Website: www.humanrightsinitiative.org


(Vinita Deshmukh is the consulting editor of Moneylife, an RTI activist and convener of the Pune Metro Jagruti Abhiyaan. She is the recipient of prestigious awards like the Statesman Award for Rural Reporting which she won twice in 1998 and 2005 and the Chameli Devi Jain award for outstanding media person for her investigation series on Dow Chemicals. She co-authored the book “To The Last Bullet - The Inspiring Story of A Braveheart - Ashok Kamte” with Vinita Kamte and is the author of “The Mighty Fall”.)


IIP grows 8.2% in October, Chidambaram sees green shoots

IIP, soared to 16-month high of 8.2% in October on good performance of the manufacturing, power sector and higher output of capital as well as consumer goods, indicating sudden recovery in the economy

New Delhi: Encouraged by the 8.2% growth in industrial output in October, Finance Minister P Chidambaram on Wednesday said that it reflected emergence of "green shoots" in the economy, reports PTI.


"I am very encouraged by the indications of the green shoots in economy in terms of production. IIP figures are very encouraging", he told reporters here.


The factory output, as measured by the Index of Industrial Production (IIP), soared to 16-month high of 8.2% in October on good performance of the manufacturing, power sector and higher output of capital as well as consumer goods, indicating sudden recovery in the economy. It had contracted by 5% in October in the previous fiscal.


So far this fiscal, Chidambaram said, IIP had shown positive growth only in May at 2.5% and August at 2.3%.


"Let's see what the next four months bring us. Investments are taking place, capacity is being created and consumption is happening in consumer durables and non-durables", the Minister said.


He said that intermediate goods, a good indicator of future production, grew by 9.4%.


"Capital goods output at 7.5% is very encouraging. Since April it was in negative. This is the first month of positive growth", he added.


The capital goods output, it may be recalled, dipped by a whooping 26.5% in October 2011.


The manufacturing sector, which constitutes over 75% of the index, grew by robust 9.6% in October, as against a contraction of 6% in same month last year.




4 years ago

Like a magician, He has been showing things which ain't there, while not seeing things as they are - but, as they ought to be.

Those who fool others in the public, fool themselves in the private.

Equity mutual funds suffer net outflows for the sixth month in a row

Continuing redemptions and a drop in sales led to a net outflow of Rs1,525 crore for the month of November 2012

From June 2012 to November 2012, over Rs10,000 crore has flowed out of equity mutual funds. Though the quantum of redemptions was much lower than that of the previous three months, the new inflows through sales could not balance the outflows. The total equity assets under management, in the month of November, increased by 3.5% to Rs1.90 lakh crore, whereas, the Sensex moved up by 4.5% over the same period. For the calendar year, equity schemes witnessed just two months of positive net inflows. There have been just seven new fund offers (NFOs) launched during the last 11 months. The latest NFO—Goldman Sachs India Equity Fund—was able to amass just Rs67 crore in the last month.

Sales for the past month declined by 12% year-on-year to Rs2,777 crore from Rs3,173 crore last November. This is the fourth month in a row where sales have declined continuously month-on-month. Except, for a peak in sales in February and March (above Rs3,500 crore), sales, for other months, varied between Rs2,900 crore to Rs3,350 crore.

Mutual fund companies have tried promoting systematic investment plans aggressively. Some fund houses have launched variations of SIPs as well like—Flex STP, Power Sip, etc. (Read more: Systematic investment plans: Sipping flexibly) However, equity sales have not shown any improvement with the introduction of these new plans. In fact, according to a recent study by Computer Age Management Services (CAMS), a large portion of SIPs were withdrawn before the completion of their tenure. (Read: Mutual fund SIPs decline further. Who is to blame?) This implies that no efforts have been taken to retain SIP investors by educating them of the benefits of continuing with the plan.

Net SIP registrations have been negative each month from April 2012 to September 2012. The SIPs ceased or expired has been a greater number than new SIP registrations leading to a decline of nearly  3.09 lakh SIP accounts despite the fact that the number of new SIP registrations was showing a rising trend from June 2012 to September 2012. And now with the consolidation of plans according to the new regulations, the SIP accounts are expected to decline further.




4 years ago

Jason - What is fund houses doing to retain and/or reward long term investors. I n my family members have been investing and our investment is in excess of Rs.12.00 lacs and some of the investments are more than 10 years, Apart from ELSS we have investment in other funds also. There is no proper laid down system in change of bank details and procedure changes from fund to fund. I hv been struggling to change the bank mandate from ICICI bank to SBI with Fidelity, I even wrote a complaint to CEO of Fidelity but nothing is moving positively. My investment in recent years have been changed but earlier investment has not been changed at all. Fund houses do not care if a loyal customer like us leave or remain invested.


Vikas Gupta

In Reply to GOVIND GOPAL SHANBHAG 4 years ago

Dear Govind ji,
Please hand over all your MF Operation related problems to your advisor. This is His/Her duty to get them done.


In Reply to Vikas Gupta 4 years ago

Gupta Jee - I am tired calling my adviser who is too busy. Now I have to go to their Nariman Point Office with original with my office to settle the issue. When I visit MF offices, I really get bugged looking at their life style, super posh office etc. You will not believe, I have seen myself fidelity staff use mineral water to wash their face, hand when taps were not dry. This dirty show of wasting money at whose cost?

Jason Monteiro

In Reply to GOVIND GOPAL SHANBHAG 4 years ago

Mr Shanbhag,
You must be aware that L&T MF has now taken over Fidelity, and the fundamental attributes of some of Fidelity schemes have changed.

We have written about it here.. http://www.moneylife.in/article/fidelity...

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