Behind the Green Curtain: Corporate Greenwashing, Human Rights, and the Search for Accountability in International and Indian Law
Nayama Smith Joseph1
1Assistant Professor at St. Joseph's College of Law, Bengaluru, Karnataka, India
In: Law in Transition: Rights, Sovereignty and Regulation in a Changing World, edited by Siddharth Saxena and Bhagyashree Agarwal
- Pages
- 121–136
- Published
- 2026
- Licence
- CC BY-NC 4.0
Abstract
Greenwashing refers to the practice where corporations make false or misleading claims about their environmental performance. Over the past few decades, this practice has grown from simple deceptive labelling to complex strategies involving ESG reporting, net-zero pledges, and sustainability certifications. While much research has focused on greenwashing as a consumer protection or marketing issue, its connection to human rights has not received enough attention. This paper explores two questions. First, whether corporate greenwashing acts as a mechanism that hides and enables human rights violations in global supply chains, carbon offset projects, and corporate sustainability narratives. Second, whether current international and domestic legal frameworks need reform to link anti-greenwashing rules with human rights accountability. The paper analyses key instruments such as the UN Guiding Principles on Business and Human Rights, the EU Corporate Sustainability Due Diligence Directive, and emerging anti-greenwashing regulations, along with the Indian legal framework including the ASCI Green Claims Guidelines and the CCPA Greenwashing Guidelines 2024. It undermines the right to information, the right to health, labour rights, and indigenous peoples’ rights, and blocks access to remedy for affected communities. The paper argues that voluntary CSR approaches are not enough and recommends mandatory human rights due diligence covering greenwashing, independent verification of green claims, and stronger legal access for affected communities.
Keywords
- Greenwashing
- Human Rights
- Corporate Accountability
- ESG-Washing
- Carbon Offsets
- Indigenous Rights
- Environmental Justice
- Supply Chain Due Diligence
- BRSR
- ASCI Green Claims Guidelines
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Open accessThis chapter is published under the Creative Commons Attribution-NonCommercial 4.0 International licence, which permits use and sharing with appropriate credit to the authors and the source, within the terms of that licence.
