The Companies Act 2013 and the Draft Rules on
CSR are over emphasizing the nexus between CSR and business. Section 135 of the
Companies Act 2013, which requires large and profitable companies to spend two
percent of the average profit of previous three financial years in CSR
activities, says that a company should carry out CSR activities in the area
where it operates and in areas closer to that area.
The Draft Rules explains the nature of CSR. It
says: “CSR is not charity or mere donations.” It further explains:
“CSR is a way of conducting business, by which corporate entities visibly
contribute to the social good. Socially responsible companies do not limit
themselves to using resources to engage in activities that increase only their
profits. They use CSR to integrate economic, environmental and
social objectives with the company’s operations and growth.”
I
fail to understand how an organisation that is created to make money by servicing
some social needs can have environmental and social objectives. Yes it has
responsibilities in ensuring that natural capital will be available and
affordable in distant future and that it is not adversely impacting the social
fabric in general and the social fabric of the local community by its operation
or the product or service. It also has the responsibility to adequately
compensate outside stakeholders who bear the cost imposed on them by the
company through unavoidable negative externalities. Perhaps, lawmakers in their
zeal to establish that CSR is a business case used the term ‘objective’ instead
of ‘responsibility’. I believe that CSR makes a business case when it is
considered as a risk management tool.
By
over emhasising the nexus between CSR and business, we are taking away the
touch of philanthropy that was inherent in CSR activities of Indian business
houses. If, we look at past records of business houses that are engaged in CSR activities,
of course not as a PR initiative, much of those activities were guided by the
urge to do some thing voluntarily in our ‘love for humanity’. Now, we are
directing companies not to take up activities only for the ‘love of humanity’.
The CSR Committee shall be accused of failing in applying due diligence process
if it fails to establish the nexus between CSR and the business.
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