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Reconceptualizing Greenwashing As An Investor Harm: A Critical Analysis Of Sebi's Regulatory Gap




Ms. Ananya Bhargava, Amity Law School, Amity University, Noida


ABSTRACT


The recent rise in Environmental, Social, and Governance (ESG) investing has revolutionized financial markets, although it has also increased the risk of greenwashing, or false or overstated sustainability reporting by companies. This paper re-conceptualizes the notion of greenwashing as not only a problem of the environment, but a type of harm done to investors, a harm that vitiates market integrity and informed judgment. It critically analyzes the regulatory framework of the Securities and Exchange Board of India in terms of gaps in ESG disclosure norms, the lack of a clear definition of greenwashing, poorly implemented, and the lack of protective measures against investors. The study, by conducting a comparative study with the international frameworks, emphasizes the need to have standardized disclosures, third party verification, and more stringent liability provisions. This paper contends that it is imperative to undertake greenwashing in terms of the investor-centric approach to achieve transparency, safeguard the investors, and achieve sustainable finance in India.


Keywords: Greenwashing, ESG Investing, SEBI, Investor Protection, Sustainable Finance, Regulatory Gap



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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