The Ministry of Corporate Affairs (“MCA”) is moving ahead with the process of formulating a National Action Plan on Business and Human Rights (“NAP”).

The Ministry is currently undertaking consultations with all stakeholders to finalize the document. Comments/inputs have been invited from everyone to inform the NAP development process and contribute towards preparation of a document reflecting the vision and aspirations of Indian Businesses that strive to be responsible, sustainable, uphold and respect human rights. All comments/suggestions can be sent to csrcell@mca.gov.in by 10^th March, 2020.

The obligation to draft an NAP comes from India’s endorsement of the United Nations Guiding Principles (“UNGPs”) on Business and Human Rights adopted in the United Nations Human Rights Council.

The United Nations Working Group on Business and Human Rights has prepared a Guidance on National Action Plans on Business and Human Rights which has prescribed four criteria for developing a NAP:

1. It needs to be founded on the UNGPs;
2. It needs to be context-specific and address the country’s actual and potential business related human rights abuse;
3. It needs to be developed in an inclusive and transparent manner; and
4. The processes in an NAP needs to be regularly re-viewed and updated.

Currently, about 45 countries, including India, are either drafting or have finalized their NAP.

Source: Ministry of Corporate Affairs

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