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Invisible Workers In Visible Reports: A Critical Review Of ESG And Labour Rights In India's Real Estate Sector




Harshil Jain, Institute of Law, Nirma University


ABSTRACT


In recent years, Environmental, Social and Governance (ESG) frameworks have reshaped the cast of corporate responsibility. One such field where their incorporation is still patchy is labour law, especially among the real estate sector of India. Out of the E-S-G framework environmental and governance frameworks have been incorporated properly but the social component especially the labour frameworks have faced several implementation challenges. The article critically analyses how the Real estate sector and its companies in India who are highly dependent on unorganised sector of labour follow these ESG Compliances in respect to these labours. The paper discusses that how even after robust regulations Such as the SEBI’s Business Responsibility and Sustainability Report (BRSR), the labour conditions remain unwarranted, unchecked and unaudited.


By taking into reference and citing National and International statues such as The labour codes 2019, companies act 2013, Germany’s Supply chain act and France Duty of Vigilance law, the article tries to ascertain the regulatory flaw because of which the labour rights are neither assured nor are protected on a legal regulation. Secondary Sources such as the statutes, judicial precedents, and ESG reports have been cited to examine the disconnection between the compliance reporting and ground realities.


The article concludes that real estate sector companies are not taking into consideration substantive reform rather practising reputational compliances. The article recommends reforms like quantitative labour metrics, SEBI and Labour department working together, and imposition of due diligence on contracts for taking migrant workers. undertaken, ESG in the property industry runs the risk of being performative, The article finally calls for an integrated model of regulation that harmonizes Unless such structural reforms are without achieving justice for the very workers whose toil propels the sector. labour protection with ESG requirements, thus making corporate accountability better and human dignity in one of India's most precarious workforces more a reality.


Keywords: ESG Compliance, Real Estate Sector, Labour law



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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