Towards Equity and Inclusion: Legal Exploration for Inclusive Business Practices Integrating CSR and Disability Rights in India

Introduction

The interconnection between human rights, Corporate Social Responsibility (hereinafter, CSR), and global sustainability gives rise to a complex set of concerns that are brought to the forefront by the intersection of Disability Rights and Inclusive Business Practices. This scholarly pursuit explores the complex obstacles and potential advantages arising from the interaction of different legal aspects. The legal parameters of Disability Rights, as established in international agreements and domestic laws of India, require fair treatment and the eradication of prejudice towards those with disabilities (Oware, 2023). The aforementioned regulations, while clear in their fundamental tenets, have substantial challenges in implementation since persons with disabilities persistently face hindrances in their ability to receive school, get work, and participate fully in society (Blanck, 2020). These concerns highlight the enduring disparity between the legislation's intended purpose and execution.

Concurrently, Inclusive Business Practices, which serve as a fundamental aspect of CSR, comprise a diverse array of ethical responsibilities for firms. Nevertheless, the implementation of these responsibilities faces several obstacles within the realm of business entities (Cordero et al., 2014) Attaining authentic inclusion encompasses more than superficial gestures; it requires extensive overhauls in corporate culture, infrastructure, and employment policies. The objective of this study is to analyze the intricate legislative structure regulating Disability Rights and evaluate the actual implementation of Inclusive Business Practices in a critical manner. Through this endeavor, the aim is to illuminate the tremendous complexities that emerge when considering the convergence of these two conceptual frameworks, complexities that go beyond simply adherence to legal requirements (Gould et al., 2020). The chapter further evaluates the context of CSR initiatives aimed at disability education, societal empowerment, fellowship provision, harnessing skills, vocational training, and other related activities. It serves as a compelling plea, stressing the immediate necessity of addressing these concerns within the business sphere. The research not only provides a framework for mitigating existing disparities but also advocates for the creation of a global society characterized by inclusivity, fairness, and environmental consciousness. Furthermore, it seeks to inspire businesses to align with both legal mandates and ethical responsibilities in fostering positive change, particularly in the context of India.

The authors have identified several gaps in this context and have therefore conducted a comprehensive review of the relevant literature in this paper. The author has conducted a thorough analysis of the Capabilities theories and Social Mobilization Theory through the work of Gauthier de Beco, focusing on the current global and regional legal mandates (De Beco, 2021). The aim is to shed light on the gaps in political theory and the lack of equal moral consideration for disabled individuals. Additionally, the author explores potential paths for progress in this area. Further, in order to understand the nexus between CSR and the Right to Employment of Persons with Disabilities, the author has referred to the work of Marco Fasciglione and evaluated the changing dynamics in the current corporate world (Fasciglione, 2015). In order to analyse the challenges in the international context, the authors have explored the insights of Michael Ashley Stein, where he emphasised upon the significance of disability-specific human rights due to diligent process (Stein & Bantekas, 2021). In order to advance organisations towards authentic inclusivity and equitable employment opportunities for individuals with disabilities, it is imperative to adopt a strategic approach that harmoniously merges CSR with inclusive business practices and discusses which is the focal point of the argument raised by Jackie Shaw and Chi Kin Kwan in their work (Shaw, 2022; Kwan, 2020). In support of the same, Peter Blanck, further in his work, upholds the social norms and advocates for disability-inclusive employment policy and practice to address the rights of the disabled in the corporate sector (Blanck, 2020). The current body of literature concerning efforts to integrate persons with disabilities into mainstream employment demonstrates a fundamental comprehension of how stakeholders worldwide strive to facilitate Person with Disability (hereinafter, PWD) integration into society, particularly in the realm of employment and CSR activities.