• Amulya nigam

India’s mandatory model of corporate social responsibility (CSR) makes it one the most distinct CSR models around the world. While there are countries that insists on an obligatory “only CSR reporting” model, India’s model is based on an obligatory requirement for Companies to spend 2% of their total profits on social welfare programs. Unique as it is, this model also marks a paradigm shift from the emerging and existing pattern of CSR practices under international law. Indeed, coming as it does from India’s own constitutional commitment towards a welfare state, India’s CSR model marks a converging point for the public and the private sectors to work together towards the common goal of social and economic welfare. In charting out the areas requiring corporate attention, special emphasis has been paid to those issues that are veritable constituents of human rights protection. India’s CSR initiative marks a significant shift from the traditional understanding human rights protection as states alone. Since the law is in its formative stages it remains to be seen how the law impacts the corporate universe in the coming years. But all things considered, India’s CSR initiative marks a welcome digression from the philanthropic tradition in which CSR had been tied (still tied) until now. Since the passage of the Universal Declaration of Human Rights in 1948, human rights have assumed a reckoning force in all international and national decisions. Issues ranging from climate change to nuclear disarmaments, from global food security to collective security, from refugee crisis to extradition agreements have been significantly influenced by human rights considerations. Today when most of our High tea gossips include copious deliberation on globalization and liberalization, it does not come as a surprise that issues concerning human rights protection also feature on every international deliberation on the impact of globalization. Globalization as understood today serves as a virtual playground for both state and non-state actors to vie for the most lucrative deal in terms of investment for nation states, and lax regulatory mechanisms for corporate entities. The stakes are high and the stakeholders many. At the end when a lucrative deal has been arranged there remains to be asked only one question – so where does human rights feature in all of this? The present paper is an effort to understand how Corporate Responsibility in respect of human rights is treated under international law. It seeks to map out the current developments in international law to respond to the effect of Transnational Corporations (TNCs) on the human rights of host states. Part I of the paper deals with the concept of CSR from the perspective of amendment in The Companies Act. Part II outlines of the relationship of TNCs with international law. Part III deals with the current developments in international law against growing apprehension of human rights abuse by TNCs. Part IV concludes the essay with some observation of the author.

"“PROTECT, RESPECT AND REMEDY” – THE HUMAN RIGHTS PERSPECTIVE OF CORPORATE SOCIAL RESPONSIBILITY", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.5, Issue 11, page no.403-415, November-2018, Available :http://www.jetir.org/papers/JETIR1811A51.pdf

"“PROTECT, RESPECT AND REMEDY” – THE HUMAN RIGHTS PERSPECTIVE OF CORPORATE SOCIAL RESPONSIBILITY", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.5, Issue 11, page no. pp403-415, November-2018, Available at : http://www.jetir.org/papers/JETIR1811A51.pdf