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        Corp. Laws, SEBI & IBC

        Human Rights Impact Assessment

        March 12, 2016

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        The Companies Act, 1956/2013 does not contain any provisions related to human rights impact assessment (HRIA) for companies. Further, National Human Rights Commission (NHRC), which deals with complaints about alleged violation of human rights by a public servant only, does not maintain a separate incident code or record under the head Human Rights Impact Assessment (HRIA) for companies in India. In case of proven violation of human rights, NHRC can make recommendations to the concerned authorities in Central/State Government. Appropriate recommendations have been made by NHRC to the concerned government authorities for relief / rehabilitation of the project affected in cases of displacement of villagers/local people on account of acquisition of lands for ‘mega projects’ in various States. There is no proposal before the Ministry of Home Affairs or Ministry of Corporate Affairs to make HRIA mandatory for companies.

        This was stated by Shri Arun Jaitley, Minister of Corporate Affairs in written reply to a question in the Lok Sabha.

        Human rights impact assessment not mandated for companies; NHRC jurisdiction limited to public servant complaints and recommendation powers. Human rights impact assessment (HRIA) is not a statutory requirement under the Companies Act, 1956/2013 and there is no proposal to mandate HRIAs; the National Human Rights Commission's remit is limited to complaints against public servants, it does not record corporate HRIA incidents, and may only make recommendations to government authorities in cases of proven violations, including displacement and land-acquisition matters.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Human rights impact assessment not mandated for companies; NHRC jurisdiction limited to public servant complaints and recommendation powers.

                                Human rights impact assessment (HRIA) is not a statutory requirement under the Companies Act, 1956/2013 and there is no proposal to mandate HRIAs; the National Human Rights Commission's remit is limited to complaints against public servants, it does not record corporate HRIA incidents, and may only make recommendations to government authorities in cases of proven violations, including displacement and land-acquisition matters.





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                                ActsIncome Tax
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