Wrongdoings and State Instrumentality of Justice: The Commonwealth Comparative Study of UK & India

Abhay Singh et.al.

GNLU Journal of Law, Development and Politics, Volume 13 Issue 2

Summary

“To deny people their human rights is to challenge their very humanity.” - Nelson Mandela

The industrial group and mega corporations are reshaping the world. Corporations today play a vital role in job creation and societal growth. However, often due to the corporate greed of certain organisations, grave environmental violations occur, causing severe violations of Human Rights. In such circumstances, it is the legislature that must act as a shield to protect the common public. Nevertheless, Corporate responsibility for environmental harm has not been adequately unaddressed in India. The adjudication of the Bhopal Gas Disaster case, the Pohang Steel Company Case, and the Unilever Corporation case display the lack of regulations in place to tackle human rights violations by foreign corporations. Furthermore, the UK legislation, although it does provide certain relief, nevertheless flaws in the UK legislation do jeopardise human rights. The UK’s “loser pay principle”, “Sovereign impunity principle”, and limited application of the “non-justiciability principle” create problems in affixing responsibility in case of human rights violation. It is vital that the legislative changes are brought under the Indian law affixing direct responsibility, criminal or otherwise, on the corporations ensuring proper compliance. Environment protection shall be a mandate under the compulsory CSR, to which every corporation shall comply.

Keywords: 

Corporate Responsibility, Human Rights, Environment protection, company

Link: https://gnlu.ac.in/Journal-of-Law-Development-And-Politics/Volume-13-Issue-2