Regulating Greenwashing In India: Are Existing ESG Disclosure Norms Enough?
Moksha Shami, B.A. LL.B. (Hons.), Law College Dehradun, Uttaranchal University Dehradun, Uttarakhand, India
ABSTRACT
India has recently moved to formalise ESG reporting through SEBI’s BRSR framework and CSR-related disclosures under company law, signalling a clear regulatory shift toward sustainability transparency. Yet, beyond the mandate itself, the framework remains uneven. Most ESG disclosures are still unaudited, enforcement is inconsistent, and penalties for misrepresentation are rarely felt in practice. As several commentators observe, the current regime prioritises disclosure over demonstrable outcomes. This creates space for companies to comply on paper while overstating or selectively presenting their “green” credentials. In the absence of stronger verification and enforcement mechanisms, greenwashing becomes easier to mask rather than harder to commit. This paper therefore examines whether India’s existing ESG framework covering BRSR, the Companies Act, consumer protection laws, and ASCI guidelines is truly capable of preventing greenwashing and safeguarding the interests of investors, consumers, and other stakeholders.
