Corporate social responsibility (CSR) under law refers to the legal obligations and responsibilities that corporations have towards society and the environment. While CSR is often associated with voluntary actions that businesses take to address social and environmental concerns beyond their legal requirements, there are also legal frameworks in place that mandate certain aspects of CSR in various jurisdictions.

1. Archie Carroll: According to Carroll, CSR encompasses economic, legal, ethical, and philanthropic responsibilities that businesses have towards society.
    
2. Kotler and Lee: Kotler and Lee define CSR as "a commitment to improve community well-being through discretionary business practices and contributions of corporate resources." Their definition emphasizes the voluntary nature of CSR initiatives and their potential impact on community welfare.
    
3. David Vogel: Vogel emphasizes the strategic aspect of CSR in his definition, describing it as "the actions of firms that are above and beyond what is required by law, that contribute to social welfare, and that are intended to enhance the reputation and legitimacy of the firm."
    
4. Amartya Sen: Sen, a Nobel laureate economist, emphasized the importance of corporate social responsibility in addressing social justice and human development issues. He argued that businesses should consider the capabilities and well-being of all stakeholders, including employees, customers, suppliers, and communities, in their decision-making processes.

These are just afew perspectives on CSR from economists and authors, and there are manv other interpretations and variations of the concept.

Overall, CSR encompasses the idea that businesses have responsibilities beyond simply maximizing profits and shou ld consider the impact of their actions on society and the environment.

Legal Perspective
The specific legal obligations related to CSR can vary significantly depending on the country, region, and industry. Some com mon legal requirements related to CSR may include:

1. Environmental Regulations: Laws and regulations governing environmental protection often require businesses to comply with standards related to pollution control, waste management, resource conservation, and other environmental practices. Companies may be required to obtain permits, conduct environmental impact assessments, and implement measures to mitigate environmental harm.
    
2. Labour Laws: Labour regulations establish minimum standards for working conditions, wages, hours of work, and employee rights. Businesses are typically required to adhere to these laws to ensure fair and safe workplaces, including provisions related to occupational health and safety, non-discrimination, child labour, and freedom of association.
    
3. Consumer Protection Laws: Consumer rights and protection laws aim to safeguard consumers from unfair or deceptive practices by businesses. These laws may require companies to provide accurate information about their products and services, ensure product safety and quality, and address consumer complaints and grievances.
    
4. Corporate Governance Rules: Corporate governance regulations govern the structure and conduct of corporations, including the responsibilities of corporate boards, executives, and shareholders. These rules may include requirements related to transparency, accountability, disclosure, and shareholder rights, which are essential aspects of CSR.
    
5. Social Welfare Obligations: In some jurisdictions, there may be legal provisions requiring corporations to contribute to social welfare programs or community development initiatives. This could involve mandatory contributions to social security systems, education and healthcare funds, or philanthropic activities in local communities.

Indian Legal Perspective
In India, corporate social responsibility (CSR) has gained significant prominence and is governed by legal provisions outlined in the Companies Act, 2013. The CSR provisions in India mandate certain qualifying companies to spend a portion of their profits on CSR activities. Here's an overview of CSR in the Indian context:

Legal Framework:

• The CSR provisions in India are outlined in Section 135 of the Companies Act, 2013, along with the Companies (Corporate Social Responsibility Policy) Rules, 2014. According to these provisions, certain classes of companies meeting specific financial thresholds are required to constitute a CSR Committee, formulate a CSR policy, and spend at least 2% of their average net profits made during the three immediately preceding financial years on CSR activities.

Applicability:

• Companies with a net worth of rupees 500 crore or more.
• Companies with a turnover of rupees 1,000 crore or more.
• Companies with a net profit of rupees 5 crore or more during any financial year.

CSR Activities:

• Eradicating extreme hunger and poverty.
• Promoting education, including special education and employment-enhancing vocational skills.
• Gender equality and women empowerment.
• Environmental sustainability.
• Social business projects.
• Contributions to the Prime Minister's National Relief Fund or any other fund set up by the Central Government for socio-economic development.

CSR Reporting:

• Companies subject to the CSR provisions are required to disclose their CSR initiatives in their annual reports, including details of the CSR policies, activities undertaken, and the amount spent.
• Non-compliance with the CSR provisions requires companies to provide explanations for the same in their annual reports.

Government Oversight:

• The Ministry of Corporate Affairs oversees the implementation of CSR activities by companies in India. The ministry periodically issues guidelines and clarifications to ensure compliance with the CSR provisions.
• Voluntary Efforts: While the CSR provisions are mandatory for qualifying companies, many businesses in India voluntarily engage in CSR activities beyond the mandated requirements. These initiatives often focus on addressing local community needs, supporting education and healthcare, promoting environmental sustainability, and empowering marginalized groups.

Overall, CSR has become an integral part of corporate governance and business operations in India, with companies increasingly recognizing their role in contributing to social and environmental development alongside financial performance.

Constitutional Perspective
While the Indian Constitution does not explicitly mandate CSR, its underlying principles and values provide a constitutional framework that encourages businesses to contribute positively to society and uphold ethical standards. he legal framework governing CSR in India, as outlined in the Companies Act, 2013, complements these constitutional principles by providing specific requirements and guidelines for corporate engagement in social responsibility initiatives.

• Directive Principles of State Policy, which are guidelines for the state to establish a just and equitable society. These principles include provisions for promoting the welfare of the people by securing social justice, economic welfare, and the protection of the environment. While not enforceable by courts, these principles are fundamental in shaping policies and legislation, including those related to corporate behaviour and social responsibility.

• Fundamental Rights: The Constitution guarantees fundamental rights to all citizens, including the right to equality, right to life, and right to livelihood. These rights imply a broader societal obligation to ensure social and economic justice, which can be advanced through corporate initiatives aimed at poverty alleviation, education, healthcare, and environmental protection.

• Fundamental Duties: Article 51A of the Constitution outlines the fundamental duties of citizens, which include obligations such as promoting harmony and the spirit of common brotherhood, protecting natural resources, and striving towards excellence in all spheres of individual and collective activity. While these duties are primarily directed at citizens, they also imply a collective responsibility for social welfare, which can be fulfilled by both individuals and corporate entities.

• Preamble: The Preamble to the Indian Constitution emphasizes justice, social, economic, and political; equality; and fraternity. These principles guide the interpretation and implementation of laws and policies, including those related to corporate conduct. Businesses are expected to contribute to the realization of these constitutional ideals through their CSR initiatives and ethical practices.

In United States, corporate social responsibility (CSR) is primarily understood and implemented as a voluntary initiative by businesses rather than a legal requirement. Untike some other countries, there is no comprehensive federal legislation mandating specific CSR activities or expenditures.

In the United Kingdom, corporate social responsibility (CSR) is influenced by various legal and regulatory frameworks that encourage businesses to consider their impact on society, the environment, and stakeholders beyond their financial performance.

In Japan, corporate social responsibility (CSR) is increasingly recognized and emphasized, both from a societal and a legal perspective. While Japan does not have specific legislation dedicated solely to CSR, there are legal and regulatory frameworks that indirectly influence CSR practices.

In Germany, corporate social responsibility (CSR) is guided by various legal, regulatory, and voluntary frameworks that emphasize ethical business conduct, sustainability, and accountability.

In Australia is influenced by a combination of legal requirements, industry standards, voluntary initiatives, and S stakeholder expectations. Australian companies are increasingly recognizing the importance of CSR in building trust, enhancing reputation, and creating long-term sustainable value for stakeholders and society as a whole.

Judicial Precedents Emphasizing CSR

1. Indian Petrochemicals Corporation Ltd. v. MC Mehta (1987): This landmark case established the principle of "absolute liability'for industrial activites that harm the environment and people. The Supreme Court of India ruled that industries engaged in hazardous activities are liable to compensate affected parties, emphasizing the importance of environmental protection and community welfare.
2. Union Carbide Corporation v. Union of India (1992): The Bhopal gas tragedy case highlighted the moral and legal responsibilities of corporations toward victims of industrial disasters. Indian Supreme Court upheld the importance of compensation, rehabilitation, and environmental restoration as integral aspects of corporate accountability.
3. Kiobel v. Royal Dutch Petroleum Co. (2013): In this case, the United States Supreme Court recognized the Alien Tort Statute as a means to hold corporations accountable for human rights abuses committed abroad. The ruling emphasized that corporations can be held liable for their complicity in human rights violations.
4. De Rio Tinto plc y. Comisi'n Nacional de Energia (CNE) (2015): The Spanish Constitutional Court held that Rio Tinto, a mining company, had a duty to consult local communities before undertaking mining activities. The judgment underscored the importance of respecting the rights of indigenous communities and involving them in decision-making processes.
5. Vedanta Resources plc v. Lungowe (2019): The United Kingdom Supreme Court ruled that a parent company could be liable for the actions of its subsidiary in another country if it failed to prevent human rights and environmental harms. The case reinforced the concept of "duty of care" and demonstrated the extraterritorial reach of CSR obligations.

Award Winning Article Is Written By: Mr.Priyanshu Sharma

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