WHISTLEBLOWER PROTECTIONS IN CORPORATE LAW: ENSURING ACCOUNTABILITY
AUTHOR – SHANTANU KUMAR, STUDENT AT AMITY UNIVERSITY PATNA
BEST CITATION – SHANTANU KUMAR, WHISTLEBLOWER PROTECTIONS IN CORPORATE LAW: ENSURING ACCOUNTABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 331-336, APIS – 3920 – 0001 & ISSN – 2583-2344
ABSTRACT
The definition of a whistleblower is basically someone who alerts others to wrongdoing. It’s similar to raising your voice to alert others to impending danger. When someone is referred to be a whistleblower in any bank or business, it indicates that they are taking a risk by voicing their concerns. They are raising awareness of a problem that requires attention by utilizing their voice. You become a whistleblower when you speak out against anything that is wrong or illegal. What is it, then, it is an act in which we divulge certain information to the whole public. Whistleblowers essentially leak information regarding wrongdoings that are taking place and make it publicly visible. “We discuss major topics in an open manner so that everyone is aware of the situation. If anything goes wrong, everyone knows about it. We thus define whistleblowing as, it’s similar to an act in which someone divulges information. Employees or stakeholders disclose any unethical or illegal activities occurring inside a company. Therefore, it is obvious that whistleblowing occurs when someone does this. If an error occurs in any organization, it must be brought to everyone’s notice. Individuals in positions of authority or anybody who isn’t afraid to speak out. We call this whole conduct “whistleblowing,” and those individuals are similar to whistleblowers. If we discuss a significant problem that has come to light, the Panama Papers were one of the main ones. The Panama Papers disclosures brought to light the widespread practice of tax avoidance. The whistleblower policy prompted the revelations, which were all connected to Uber’s records. As a result, the whistleblower revealed all of Uber’s activities. It indicates that the whistleblower exposed their efforts to maintain a dominant position on a worldwide scale. One of the most significant instances of whistleblowing is this one. Regarding India, the basis for the Protection Act was created in 2014. Now, let’s examine the particular law. The Protection Act was first proposed in 2011, but it wasn’t formally put into effect until 2014. Therefore, anybody worldwide may report any kind of corruption thanks to the Protection Act of 2014. Under this Act, it is possible to report instances of power abuse by persons in positions of authority, such as when a public official commits a crime or abuses their position of dominance for personal benefit. In essence, it includes every detail of any disclosures made about these issues. Anyone may denounce any corruption or abuse of power by a public official if they choose to be a whistleblower. Our organization now states that you must inform them of any complaints of this kind. If a whistleblower scenario arises, you must notify them in accordance with the appropriate requirements included in the Company Act of 2013 and later. Both of them will have to deal with the Securities and Exchange Board of India in the future. Since they are subject to these laws and regulations, they must respond to the notifications and complaints. Therefore, every listed business or any firm that belongs to this class or those classes must set up a system, according to Section 177 of the Companies Act 2013 and the relevant regulations adopted under it. For their directors and staff, this is essential. “Anyone with legitimate worries or problems must be able to report them via a system in place. According to someone, Sector 177 should have a suitable structure for this so that any employee or director may appropriately disclose any issues they are aware of.
KEYWORDS: panama papers, whistle-blower, whistleblowing, divulges information