Making Transnational Corporations Accountable for Human Rights Violations
Debosmita Nandy & Niketa Singh*
Volume 2 Issue 1 (2009)
In today’s era of globalisation and free trade, transnational corporations (TNCs) have become more economically powerful than many countries around the globe. A number of TNCs have a strong and influential presence in developing countries such as India, since these TNCs are often perceived to be indispensable for their economic growth and development. Such powerful TNCs have the opportunity for gross human-rights violations, such as exploitation of the right to health of the workers, unsafe consumer practices, negligence in protecting the lives of the people residing in the vicinity of factories producing dangerous chemicals or causing environmental damage. The article would hence examine the feasibility of attaching human rights responsibilities to the TNCs under international and domestic laws. The article shall also critically study the efficacy of transnational human rights litigation as one of the potential remedies along with an analysis of the legal hassles involved in the process. Moreover it shall also examine the causes behind the failure of Bhopal litigation and look at the legal system of India to analyse its ability to combat such human rights violations at the hands of TNCs in the foreseeable future. Lastly in conclusion, the article shall offer alternative remedies for the victims of human rights violations in the developing countries.