Since the country is going through the period of democratic transition, a modern approach to governance is an imperative. Fighting against graft is tough in absence of a system that can protect people who disclose wrongdoings. A system with legal provisions to encourage ‘whistle-blower’ culture with adequate incentives would improve governance.

The term ‘whistle-blower’ is derived from the practice of English bobbies who would blow their whistle when they noticed commission of a crime. The blowing of the whistle alerts enforcement officers as well as the public. The whistle-blower can be an employee, a former employee or a member of a business or government agency, who reports misconduct to the authorities. Though a new terminology in Nepal, the US, the UK, Australia and South Africa have already incorporated the ‘whistle blower’ system. The Whistleblower Bill introduced in the US in 2003 enables citizens to disclose any unlawful behaviour or illegal action. The clutch of corruption in the US business houses was made glaringly apparent in Enron, WorldCom, United Airlines and Kmart scandals. As a result, many MNCs have started forming whistleblower legal defence funds and support groups.

The concept has lately been sensationalised in the subcontinent after one Manjunath was shot dead for allegedly threatening to revoke the license of a petrol pump owner for selling spurious fuel in UP, India. This case has rekindled hopes that the killers of another slain whistleblower Satyendra Dubey will also be sent to the gallows. Outraged over corruption in road construction, he had written a letter to the Indian PM urging him to act against the all-pervasive mafia. Many conscious citizens have since demanded the creation of a ‘whistle blower’ system which is safe for the whistle-blower. Presently, an Indian group of ministers is giving final touches to the Whistleblower (Protection in Public Interest Disclosures) Bill, 2006.

The ripples of the ‘CD scandal’ on bargain for bribes to influence court verdicts continue to rock Nepali judiciary. The case has highlighted the imperative to enable the public servants to count on their legitimate rights to tell the truth about what goes on behind closed doors and power corridors. While the system must deter groundless complaints through strict punishment, employees must by all means be encouraged and enabled enough to disclose fraud without fear or threat. The civil society must uphold the employee’s courageous stand and highlight how even one person can make a difference. The new system might also help the CIAA to carry out its constitutional obligations more successfully.

The enactment of Whistleblower Protection Act will be the only remedial legislation that can strengthen the right of employees to disclose wrongdoings. A National Whistleblower Centre may be established with a protection fund to make the stakeholders feel that the government is committed to curb corruption and promote good governance.