Munich Personal RePEc Archive

United Nations Guiding Principles and the Business and Human Rights in India

Chakraborty, Adrij and Mehra, Anahita (2018): United Nations Guiding Principles and the Business and Human Rights in India.

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Abstract

The early 1990s opened up the Indian Economy for the world market to set up their businesses and corporations in India. While the advent of private corporations served to up the Indian Economy and turn it into one of the biggest business hubs for Asia, business enterprises also came in with an externality of private profit maximization. This article outlines how India deals with corporate rights to set up business enterprises, as well as the corporate responsibility to respect and abide by the regulations that prohibit them from abusing human rights in the interest of private welfare. The article champions the present Indian scenario where a company’s failure to exercise due diligence creates a rebuttable conjecture of causation and liability towards those employed. An instrument dedicated to supervision of Business and Human Rights in India providing legal solutions to cure ambiguities and unchecked excesses in the current framework of international law is necessary. The narrative does not restrict its ambit to labour rights and includes land rights as a part of human rights in the agrarian context of India. It cites the lack of proper infrastructure to address such as issue and stresses on the importance of an imposing form legal instrument, founded on a softer outline of regulation such as the United Nations Guiding Principles on Business and Human Rights.

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