Environment Protection and Corprate Social Responsibility: A Critique from Legal Perspective

Abstract

ABSTRACT: Man, Society and Environment have mutual relationship. Nature and society are interdependent and duty of man to protect them is inherent. This basic percept envisages the protection of environment. However, rapid economic development, technological and scientific advancement have increased their impact on the natural environment. They have added environmental degradation and ecological imbalances. Hence, there is variety of specific legislations are passed to protect the environment and ecology. Apart from these legislations, a comprehensive legislation i.e. Environment (Protection) Act, 1986 and various Rules under this Act have been made to prevent, control and abate all types of pollutions. But due to unwillingness on the part of corporations to comply with, the applicability of these laws is at stake.

On the other hand, the companies are asking for Corporate Social Responsibility (CSR). They are arguing that it is there social responsibility to protect and care the environment and human resources. For these corporations are creating or have been created code of conduct. Corporate Social Responsibility is a phenomenon which states that companies have to do right things, beyond legal requirement. The concept is based on the idea that not only public policy but companies, too, should take for social and environment issues. In more particular, CSR is seen as a concept in which companies voluntarily integrate social and environment concerns into their business and into the interaction with their stakeholders. The idea of being socially responsible company means doing more than comply with the law for environment and human resource.

But the question is whether CSR is needed? Why do not comply with law, first? Various reports are come which shows that companies are not complying even with the minimum legal requirement for better protection of environment. After these reports and corporations’ argument for CSR, next question click in the mind is whether corporate houses are doing so for genuine environment protection or for some ulterior motives? Again, whether companies will sacrifice their profit for environment impact? Last, but foremost question is whether companies are incorporating CSR for social responsibility or for making their business shareholder accountable.

I have explored and examined all these questions in this paper. This paper before examining gray aspect of CSR highlights what does CSR mean? and why law should be incorporated rather CSR? Hence this paper examines the CSR and argues for compliance of law.

Keywords: Man, Environment (Protection) Act, 1986, Corporate Social Responsibility (CSR)