HUMAN RIGHTS
1. The Ministry of Corporate Affairs is steering the process of formulating a National Action Plan on
Business and Human Rights (NAP).
2. The obligation to draft a NAP stems from India’s endorsement of the United Nations Guiding Principles
(UNGPs) on Business and Human Rights adopted in the UN Human Rights Council (UNHRC). The
Principles are articulated as three pillars:
I. State Duty to Protect
II. Corporate Responsibility to Respect
III. Access to Remedy.
A country’s NAP is expected to demonstrate how these principles are already being implemented, what the
gaps are, and how they shall be addressed.
3. The UN Working Group on Business and Human Rights (UNWG) has prepared a ‘Guidance on National
Action Plans on Business and Human Rights’ which has prescribed four criteria for developing a NAP.
First, it needs to be founded on the UNGPs. Second, it needs to be context-specific and address the
country’s actual and potential business related human rights abuse. Third, a NAP needs to be
developed in an inclusive and transparent manner. Fourth, the NAP processes needs to be regularly
re-viewed and updated. Currently, about 45 countries, including India, are either drafting or have
finalized their NAP.
4. The following have been recommended as key contents for an NAP:
Section 1: Statements of commitments to implement the UNGPs
Section 2: Background and context to the NAP. How the NAP relates to other existing Government
policy strategies such as national development plans, CSR strategies, national plans implementing
International Labour Organisation convention and recommendations.
Section 3: Government’s expectations from businesses, including expectations that businesses
respect human rights throughout their operations based on UNGPs and other guidance documents.
Section 4: Government response clarifying how it Government currently addresses adverse
business-related human rights impacts and outline commitments for further activities.
5. The Ministry has been taking various initiatives for ensuring responsible business conduct by
companies. The National Voluntary Guidelines on Social, Environmental and Economic Responsibilities
of Business, 2011 (NVGs) have been revised and released as National Guidelines for Responsible
Business Conduct to align with United Nations Guiding Principles on Business & Human Rights (UNGPs)
and Sustainable Development Goals (SDGs). The Committee on Business Responsibility Reporting
(BRR) constituted by this Ministry to formulate BRR formats for listed and unlisted companies is
finalizing its report. Further, a Zero Draft of the NAP has already been published to showcase the
considerable progress made by the country in the field of Business & Human Rights which has been
formulated after placing it in the public domain for inputs, sharing it with relevant Ministries for
comments, and consultations with relevant stakeholders. All these measures shall culminate in the
NAP document.
6. The Ministry is currently undertaking rigorous consultations with all stakeholders to finalize the
document at the earliest. In this regard, comments/ inputs are invited from all 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 may be sent to [email protected] by March 10, 2020.
The details are available at: