Legislated Corporate Social Responsibility (CSR) in India: the law and practicalities of its compliance

Jumde, Akanksha and du Plessis, Jean 2020, Legislated Corporate Social Responsibility (CSR) in India: the law and practicalities of its compliance, Statute law review, pp. 1-28, doi: 10.1093/slr/hmaa004.

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Title Legislated Corporate Social Responsibility (CSR) in India: the law and practicalities of its compliance
Author(s) Jumde, Akanksha
du Plessis, JeanORCID iD for du Plessis, Jean orcid.org/0000-0001-7192-0080
Journal name Statute law review
Start page 1
End page 28
Total pages 28
Publisher Oxford University Press
Place of publication Oxford, Eng.
Publication date 2020-05-22
ISSN 0144-3593
1464-3863
Keyword(s) Corporate Social Responsibility (CSR)
India
legal obligation
Summary Abstract When India enacted the Companies Act, 2013, it became one of the few countries of the world to make Corporate Social Responsibility (CSR), a legal obligation for a large number of Indian companies. Using a comprehensive analysis of companies’ CSR disclosures and the interviews of relevant stakeholders, this article provides a bird’s-eye view on the major issues plaguing the current regulatory framework on CSR in India. In addition, this article highlights the major differences between privately owned and government companies on their motivations, approaches and challenges to the implementation and enforcement of CSR law of India. This article finds that the Indian CSR regulations are excessively broad and provide wide flexibilities that are possibly being misused, and hence, need legislative amendments to make them more concise, and improve accountability and transparency. From a broader corporate law perspective, this article finds that while the current company law in India may have adopted a more stakeholder-centric approach by its construction, the approach of many companies towards the enforcement and implementation of CSR and the law remains essentially shareholder centric. In light of the above observations, the article suggests that the existing regulatory framework needs to be strengthened with several legislative measures such as stricter auditing and monitoring measures for third-party implementing agencies and pre-and post-project impact assessment mechanisms.
Language eng
DOI 10.1093/slr/hmaa004
Indigenous content off
Field of Research 1801 Law
HERDC Research category C1 Refereed article in a scholarly journal
Persistent URL http://hdl.handle.net/10536/DRO/DU:30139337

Document type: Journal Article
Collections: Faculty of Business and Law
Law
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