Corporate Responsibility in Sustainable Business Practices: ESG Compliance, Greenwashing Risks, and Legal Mandates

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Corporate Responsibility in Sustainable Business Practices: ESG Compliance, Greenwashing Risks, and Legal Mandates

Written by Yamini Sahu

Table of Contents

Introduction

Corporate responsibility in the 21st century extends far beyond the traditional parameters of profitability and shareholder returns. In an age marked by climate change, resource scarcity, social inequality, and increasing regulatory scrutiny, businesses are expected to operate in a manner that is not only economically viable but also socially and environmentally responsible. The concept of sustainable business practices is rooted in the broader principle of Environmental, Social, and Governance (ESG) compliance, which has evolved into a global standard for assessing corporate behavior and long-term value creation. However, with the rise of ESG compliance has also come the risk of greenwashing—a practice where companies deceptively promote themselves as environmentally or socially responsible without substantial actions. Additionally, legal mandates and regulatory frameworks are increasingly enforcing sustainability norms, requiring corporations to align their practices with national and international standards. This article delves into the corporate responsibility landscape with a focus on ESG compliance, greenwashing risks, and the legal obligations companies must meet to ensure truly sustainable business practices.

Understanding ESG Compliance

ESG refers to the three central pillars used to evaluate a company’s commitment to sustainable and ethical practices. The environmental component examines how a company performs as a steward of nature and addresses issues such as carbon emissions, waste management, energy efficiency, water use, and biodiversity preservation. Social factors assess how the company manages relationships with employees, suppliers, customers, and the communities in which it operates, including labor standards, diversity and inclusion, human rights, and community engagement. Governance refers to a company’s internal controls, transparency, shareholder rights, board composition, and ethical conduct. In recent years, ESG factors have become critical in influencing investor decisions, consumer preferences, and regulatory policies.

In India, ESG compliance has gained significant momentum with the introduction of the Business Responsibility and Sustainability Reporting (BRSR) framework by the Securities and Exchange Board of India (SEBI), mandating the top 1,000 listed companies by market capitalization to disclose ESG-related information from the financial year 2022–23 onwards. This transition from the earlier Business Responsibility Report (BRR) to BRSR signifies a more structured and quantitative approach to sustainability disclosures. ESG compliance is no longer voluntary or superficial; it has become an integral part of corporate governance and risk management.

Greenwashing and the Risks of Misrepresentation

As consumer and investor interest in sustainability has increased, so has the temptation for companies to misrepresent their environmental or social initiatives—a deceptive practice known as greenwashing. Greenwashing typically involves using misleading labels, vague sustainability claims, or exaggerated environmental benefits in marketing and public relations to portray an image of corporate responsibility without meaningful change. This can range from overstating emission reduction efforts to falsely advertising recyclable packaging or carbon neutrality.

The risks associated with greenwashing are multifaceted. Firstly, it erodes consumer trust, leading to reputational damage that can significantly affect brand value and customer loyalty. Secondly, it exposes companies to legal liability and regulatory penalties as authorities tighten scrutiny on ESG disclosures. For instance, the Advertising Standards Council of India (ASCI) has established guidelines for environmental claims in advertisements, requiring them to be substantiated, specific, and not misleading. Additionally, global regulatory bodies such as the European Union and the U.S. Securities and Exchange Commission (SEC) have taken steps to penalize greenwashing under consumer protection and securities laws.

To mitigate greenwashing, companies must ensure transparency and verifiability in their sustainability claims. This includes conducting third-party audits, publishing measurable and time-bound ESG targets, and aligning with global reporting standards such as the Global Reporting Initiative (GRI), Task Force on Climate-related Financial Disclosures (TCFD), or Sustainability Accounting Standards Board (SASB). Greenwashing not only undermines public confidence in sustainability efforts but also stifles genuine progress toward climate and social goals.

Legislation around the world is increasingly compelling corporations to adopt sustainable practices. In India, the Companies Act, 2013 introduced a landmark provision under Section 135, making Corporate Social Responsibility (CSR) mandatory for companies meeting certain financial thresholds. While CSR and ESG are distinct concepts, there is significant overlap, particularly in the areas of social and community impact. Under this law, eligible companies must spend at least 2% of their average net profits over the previous three years on CSR activities, which may include environmental sustainability, education, healthcare, and social welfare programs.

Additionally, environmental regulations such as the Environment (Protection) Act, 1986, Water (Prevention and Control of Pollution) Act, 1974, and Air (Prevention and Control of Pollution) Act, 1981 impose legal obligations on industries to minimize ecological damage and adhere to pollution control standards. These laws are supplemented by the mandates of regulatory bodies like the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs), which monitor and enforce compliance.

India is also witnessing a push towards climate accountability with the government announcing targets for achieving net-zero emissions by 2070 and expanding renewable energy capacity. Companies are expected to align their operations with national goals such as those outlined in the National Action Plan on Climate Change (NAPCC) and international commitments under the Paris Agreement. Legal mandates are no longer restricted to compliance alone—they serve as strategic levers for corporate responsibility, encouraging companies to future-proof their business models against environmental and social risks.

Integration of ESG into Corporate Strategy

For corporate responsibility to be effective, ESG considerations must be integrated into the core business strategy rather than treated as peripheral activities. This involves board-level commitment, dedicated ESG committees, stakeholder engagement, risk assessments, and sustainability performance indicators. Embedding ESG into enterprise risk management helps identify potential financial, legal, and reputational threats arising from climate change, labor practices, supply chain vulnerabilities, and regulatory changes.

Moreover, ESG integration can drive innovation and competitiveness. Companies that invest in green technologies, ethical supply chains, and inclusive workplaces often experience higher employee satisfaction, better customer retention, and improved investor confidence. Financial institutions are increasingly tying credit and investment decisions to ESG performance, as seen in the rise of green bonds and sustainability-linked loans.

Conclusion

Corporate responsibility in sustainable business practices is no longer an aspirational ideal—it is a strategic, legal, and ethical necessity. ESG compliance provides a comprehensive framework for businesses to align their operations with environmental and social imperatives. However, this must be accompanied by genuine commitment, transparent reporting, and active avoidance of greenwashing to build trust and accountability. Legal mandates, both domestic and international, are reinforcing the importance of sustainability through enforceable obligations and penalties for non-compliance. In an era where environmental and social risks are deeply interconnected with financial performance, the true measure of corporate success lies not just in profits but in the value created for society and the planet. As India and the world grapple with the challenges of climate change and inequality, businesses must rise to the occasion by embedding sustainability at the heart of their mission.


Keywords: Corporate Responsibility in Sustainable Business Practices: ESG Compliance, Greenwashing Risks, and Legal Mandates