In the United Nation Annual Forum on business and human rights or UN business
and human rights forum held at Geneva in November 2018, India announced to
develop a National Action plan on Business and Human rights. As India, endorsed
the United Nation Guiding Principle on business and human rights more than a
decade same way it also adopted National Action Plan on Business and Human
Rights in the year 2018. This is to ensure that Business does not violate human
rights. This draft is also known as Zero Draft
UN annual forum on business and human rights is the global platform for
Stakeholders to discuss trends and challenges in the implementation of the
Guiding Principles related to Business and Human Rights. This form is open to
States, Government, Non-governmental organization, affected stakeholders,
United Nation Guiding Principle is a framework on the issue of human rights and
transnational corporation and other business enterprises. The motive is to
Protect, Respect and Remedy. This principle has binding legal obligations on
Business entities and States. It consists of 31 foundational and operational
The Three Pillars of the Principle are:
- State- has a duty to protect Human rights
- Business- corporate responsibility to respect Human rights
- Victim – access to remedy
The objective: to enhance standard and practice business and human rights. And
also to contribute towards socially sustainable globalization
In the year 2014 United Nation Human Rights Council called all
states to develop National Action Plan for effective implementation of United
Nations Guiding Principles. As said earlier in the 2018 in Geneva when Business
and Human Rights Forum met India announced to enact National Action Plan for
Business and Human rights.
Is to provide an overview of India's legal framework setting out the
States duty to protect Human rights, Set corporate responsibility to respect
Human Right and access remedy against Business related Human Right violation.
Its inspired from the Gandian Principle of trusteeship and the purpose
of business is to share all stakeholders.
- As India signatory UNGP 3 pillars has to be focused.
- 2030 SDG 8 focuses upon realizations on Human Rights in the Business
This draft was published in February 2019 but the final draft is still not
framed yet. The ultimate motive is to ensure business or business activities do
not violate human rights.
The Main Human Rights Violations in Business:
Challenges of Implementation:
- Irregular wages – the wages and salary are irregular and not paid
- Irregular timing – working timing makes are exploited
- Safety measures (working place) – the working condition of the labours
- Exploitation of Natural resources – depriving the water, land, etc.
- Exploitation of Human resources – exploiting the labour resources
- Child labour
- Extreme In formalization:
In means and includes, low skilled or low paying jobs, gender wages gab,
child labour forced or bonded labour. No organized form of wages. Social
protection, occupational health, safety and collective bargaining all becomes a
- High levels of dispossessions:
Depriving of their own rights of land water and natural resources
that is necessary for their lives and livelihoods has to be addressed.
- Lack of Grievance Redressal Mechanism:
Lack of operational level grievance mechanism could be another
hindrance for the rights holders to access remedy mechanism.
frame auditing standards to ensure human rights compliance.
monitor corporate funding to political parties
- NHRC &
SHRC: expand the powers and to create ombudsperson for exclusive working
creating large building capacity of MSME sector through training, awareness and
Thus NAP is a process and an opportunity for India to demonstrate leadership in
achieving sustainable and inclusive growth. NAP can play an important role to
redefine the purpose of business by ensuring proper Human right.