CORPORATE SOCIAL RESPONSIBILITY IS A MYTH

Author: Sarmita Guha

ABSTRACT

Corporate Social Responsibility (CSR), the principle of shifting the business into a sustainable and ethical practice. The concept of “Entrepreneurs driven the society” where the corporate has ethical, moral and philanthropic responsibility, this phenomenon takes down the responsibility of the society by providing and funding social services encompassing areas such as medical facilities school and other community amenities within well planned economics for a long-term sustained achievement. “Acta exteriora indicant interiora secreta” (“External actions reveal the inner secrets”), CSR represents an evolving obligation that were meant for the business official to engage in and contribute to economic development while simultaneously enhancing the living conditions of the families as well as the environment. According to the section 135 of the Companies act 2013 it mandates qualified corporations to spend 2% to their average net profits on CSR activities, the success of the corporate organisation is on the hand of the local environment as they operate, since then the impact of this initiatives remains questionable. Though the legislation ability is to promote corporate accountability and develop suitability which is often hindered by inadequate enforcement and weak regulatory supervision. The Vedant Resource Limited Vs[1]. Union of India1 highlights the limitation of CSR where it can be a mere myth if corporates fail to meet their social and environmental responsibility. The hon’ble supreme court of India observed CSR is not a charitable activity but a legal and moral obligations that integral to the core operation of business. These activities turned out to be violation of Forest Rights Act 2006 and the Environmental Protection act 1986. This article is based on a doctrine and empirical method that aim to analyse the concept of (Corporate Social Responsibility) CSR as a myth, focusing on the disparities between corporate claims and actual practice and highlights the necessity of strengthen legal frame work and effective regulatory enforcement.

Keywords: Corporate Social Responsibility, Sustainability, Enforcement, Regulation, Ethics.

REFERENCES

  • Vedanta Resources Limited v. Union of India, (2020) 10 SCC 1
  • Ford, B. (n.d.). On sustainability and corporate responsibility. Ford Motor Company Statements.
  • Davis, K. (1960). Can Business Afford to Ignore Social Responsibilities? California Management Review, 2(3), 70-76.
  • Government of India, Ministry of Law and Justice. (2013). The Companies Act, 2013 (No. 18 of 2013)
  • Government of India, Ministry of Corporate Affairs. (2014). Companies (Corporate Social Responsibility Policy) Rules, 2014, Rule 9
  • Friedman, M. (1970). The Social Responsibility of Business is to Increase its Profits. The New York Times Magazine, September 13, 1970.
  • Carroll, A. B. (1999). Corporate Social Responsibility: Evolution of a Definitional Construct. Business & Society, 38(3), 268-295.
  • Perumatty Grama Panchayat v. State of Kerala, 2003 (2) KLT 210
  • Singh, A. (2011). Corporate Social Responsibility in India: A Historical Perspective. Journal of Global Responsibility, 2(1), 62-78.
  • Ali, A. J. (2006). Islamic Corporate Social Responsibility: An Overview. Journal of Business Ethics, 68(3), 245-252.
  • Sharma, R. (2007). Corporate Social Responsibility: A Hindu Perspective. Journal of Business Ethics, 75(1), 1-2
  • Bowen, H. R. (1953). Social Responsibility of the Businessman. New York: Harper & Row.
  • Bhopal Gas Peedith Mahila Udyog Sangathan v. Union of India, (2012) 6 SCC 224.
  • Orissa Mining Corporation Ltd. v. Ministry of Environment and Forests, (2013) 6 SCC 674
  • Goa Foundation v. Sesa Sterlite Ltd., (2018) 5 SCC 676.
  • Niyamgiri Suraksha Samiti v. State of Orissa, (2013) 6 SCC 319.
  • In Re: Sterlite Copper Plant, Thoothukudi, (2018) 6 SCC 494
  • In the Matter of the Carmichael Coal Mine Project: [2017] QLC 48
  • United Nations Global Compact. (n.d.). The Ten Principles of the UN Global Compact.
  • Organisation for Economic Co-operation and Development (OECD). (2011). OECD Guidelines for Multinational Enterprises
  • International Labour Organization (ILO). (2017). Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy.
  • https://www.mca.gov.in/MinistryV2/nvgs.html
  • Lee, M., & Dyer, L. (2018). Corporate Social Responsibility in Japan and South Korea: Differences and Similarities. In Corporate Social Responsibility in Asia. Routledge
  • Habibi, N. & Sadiq, M. (2020). “Corporate Social Responsibility Practices in Afghanistan: Challenges and Opportunities.” South Asian Journal of Global Business Research, 9(1), 1-18
  • Ura, K., Alkire, S., & Zangmo, T. (2012). An Extensive Analysis of GNH Index. Centre for Bhutan Studies and GNH Research.
  • Indian Institute of Corporate Affairs. (2023). Indian CSR Outlook Report 2023