Zero Draft of the National Action Plan for Implementation of the UN Guiding Principles on Business and Human Rights
Developing a ‘National Action Plan’ on business and human rights
In 2014, United National Human Rights Council called upon its member states to develop a National Action Plan on Business and Human Rights (NAP) to set in motion the implementation of United Nations Guiding Principles on Business and Human Rights (UNGPs). The UNGPs explicate the duties and responsibilities of the State and business against adverse human rights impacts and are based on three pillars: States’ duty to protect human rights (Pillar 1), the corporate responsibility to respect human rights (Pillar 2) and access to remedy (Pillar 3).
In 2018, Vidhi was appointed to provided legal research and drafting support to Ministry of Corporate Affairs (MCA) for the development of the Zero Draft of the National Action Plan on Business and Human Rights (Zero Draft). The Zero Draft provided an overview of the existing legal and policy framework on business and human rights in India such as the provisions relating to corporate social responsibility and directors’ duties towards all stakeholders (employees, community, environment) under the Companies Act, 2013, the National Voluntary Guidelines on Business and Human Rights, 2011 (NVGs) and the National Guidelines on Responsible Business Conduct 2018 (NGRBCs). It was published in December, 2018.
In 2020, MCA reappointed Vidhi to provide the legal and drafting support to arrive at the final draft of NAP. In addition to tracing the recent developments in the area of business and human rights, the final draft provides action points for central government ministries based on the three pillars of UNGPs, Sustainable Development Goals 2030 and NGRBCs such as analyses of the findings of Business Responsibility and Sustainability Reports (‘BRSR’), development of Responsibility Business Conduct Index based on BRSR, encouraging human rights due diligence etc. Finally, the NAP identifies the relevant government ministries/departments for the implementation of the action points and envisages a framework of monitoring the implementation of the NAP and its review. The NAP will concretise India’s commitment towards socially responsible businesses and inclusive development.
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About the Researchers
Shehnaz is Senior Resident Fellow and Lead, Fintech. She works on emerging areas of policy and law on the intersection of finance, technology and inclusion. At Vidhi, she has worked with several Ministries of the Government of India on matters relating to digital payments, financial regulation, commercial laws and business and human rights. Her independent research at Vidhi focuses on leveraging technological solutions to build a robust and inclusive financial system for all in India. Prior to joining Vidhi, she worked as an associate at the Financial Regulatory Practice at Cyril Amarchand Mangaldas, Mumbai where her work focused on advising leading financial institutions (both Indian and multinational), including payment systems on legal and regulatory issues in India. She has also involved in several mergers and acquisitions in the financial space. She has also worked as an associate at the Dispute Resolution team at JSA, New Delhi. She writes frequently for the Oxford Business Law Blog and media outlets such as Hindu BusinessLine,Financial Express, MoneyControl, FirstPost, etc. She graduated from RML National Law Univerity in 2011.
Shreya is a Senior Resident Fellow and Lead, Law, Finance and Development. Her areas of interest are company law, insolvency law, corporate governance and responsible business conduct, fintech and financial inclusion. At Vidhi, she has worked on a diverse range of projects including research and drafting of the Insolvency and Bankruptcy Code, 2016 and consequent amendments and subordinate legislation, review of offences under the Companies Act, 2013 and drafting of the National Action Plan on Business and Human Rights. Shreya completed her B.B.A. LL.B. (Hons.) from the National Law University, Jodhpur in 2012 and her LLM from the Queen Mary University of London on a Chevening Scholarship in 2019, where her dissertation focused on peer-to-peer lending. She also worked as a Legal Consultant in the Financial Law Unit of the Legal Transition Team at the European Bank for Reconstruction and Development, London in 2019. Prior to joining Vidhi, she worked as an associate at Luthra & Luthra Law Offices, Delhi in the mergers & acquisition and real estate team.
Param was a Research Fellow at Vidhi.
Kriti is a Project Fellow working in the area of Corporate Law and Financial Regulation. She graduated from O.P. Jindal Global University, Sonipat in 2017. She is currently working on a project pertaining to for-profit social enterprises. Prior to joining Vidhi, Kriti worked with the International Trade Law Team at Economic Laws Practice (ELP), Mumbai. While at ELP, she worked on anti-dumping and anti-circumvention matters.
Ulka was a Research Fellow at the Vidhi Centre for Legal Policy.
