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Green Claims under Scrutiny: New Guidelines in the Offing

Renjini Liza Varghese


Green claims, henceforth will be dealt with an iron hand in India!

A recent headline, “Govt Seeks to Check Ads with False Environment Claims,” resonated with me deeply. It echoes my previous blog on tightening global regulations against greenwashing. Attention greenwashers: India is tightening its grip on misleading environmental claims.

The government announcement is an exciting initiative. We will have guidelines on green claims made by companies. Besides, it will empower consumers to discern genuine eco-friendly practices from mere marketing jargon.

Transparency is key:

These guidelines aim to bring much-needed transparency to claims like “eco-friendly,” “environmentally conscious,” and “cruelty-free.” Manufacturers will be required to specify the basis of their claims under defined categories, such as product materials, packaging, manufacturing processes, transportation, usage, disposal, or services offered.

Importantly, these claims must be backed by evidence and, where applicable, verified by third-party certifications.

India’s green claims landscape lacked a unified approach, with calls for action scattered across various segments. Recognizing the need for better consumer protection in greenwashing, the Ministry of Consumer Affairs has established a committee. This committee comprises industry bodies like FICCI, CII, ASCI (Advertising Standard Council of India, MAIT (Manufacturing Association Information Technology), and IBHA (Indian Beauty and Hygiene Association). Its role is to look into the growing concerns regarding greenwashing.

What truly excites me is the synchronicity of India’s greenwashing crackdown with the rollout of its Environmental, Social, and Governance (ESG) regulations. This two-pronged approach demonstrates a commitment to responsible business practices and sustainable development, placing India at the forefront of global environmental efforts.

The new guidelines will mark a significant step towards empowering Indian consumers and building trust in the marketplace. By ensuring transparency and accountability in environmental claims, India can foster a more sustainable future.


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ESG, sustainable workplace

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New CSR guidelines for Indian ports

Sonal Desai


The Government of India (GoI) has announced new corporate social responsibility (CSR) guidelines in an effort to serve the needs of the regional communities residing close to the ports.

The endeavor will make the ports not just sustainable workplaces, but also motivate them to follow the ESG framework that aligns with the UN SDGs for Good health and well being, Clean water and sanitation, Good health and well-being, Affordable and clean energy and Sustainable cities and communities.

The goals of the guidelines are to meet the needs of the local communities and incorporate them into society.

The bracket:
According to the guidelines, a board resolution must be used to establish a CSR Budget that represents a portion of net profit. These have additionally been bracketed as follows:

1. A port may set between 3% and 5% for CSR expenses if its annual net profit is $100 crores or less.
2. Ports with a net profit of $100 million to $500 million per year may set their CSR expenses at 2% to 3% of their net profit, or a minimum         of $3 million.
3. Ports can dedicate 0.5% to 2% of their net profit to CSR if their annual net profit exceeds 500 crores.

Distribution:
The ports must set aside money from their CSR budget for the following kinds of activities:

i. 20% of district-level Sainik Kalyan Board, National Maritime Heritage Complex, and National Youth Development Fund CSR costs
ii. 78% for the community’s social and environmental well-being in areas like clean water, education, career development, skill improvement, electricity from non-conventional and renewable sources, health & family welfare, support for those who are less fortunate economically, community centres, hostels, etc.
iii. 2% for the oversight of projects carried out as part of CSR programmes.

Ownership:
The Major Port Authorities Act of 2021’s Section 70 has specific activities that will be impacted by the new CSR guidelines’ projects and programmes. A CSR committee must be established in each port to plan, carry out, and track the projects’ progress. According to a PIB statement, the Committee will be led by the deputy chairperson of the major port and will consist of two additional members. According to the statement, every major port must create a corporate social responsibility plan for each fiscal year and incorporate social and environmental considerations into its business plan.

“The CSR guidelines allow our ports to initiate, undertake, and expedite projects for community welfare through a framework where local communities can also become partners of development & change,” said Sarbananda Sonowal, the Union Minister of Ports, Shipping & Waterways, and Ayush, who also announced the new guidelines. “CSR has the potential to play a significant role in driving change in a place or on an activity to improve the lives of the populace,” he said.


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