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Journal of Law and Judicial System

Volume 3, Issue 1, 2020, PP 28-38


ISSN 2637-5893 (Online)

Relevance of Corporate Social Responsibility: Contemporary


Corporate Issues in Nepal
Manoj Kumar Chaudhary, Ph.D*
Associate Professor Faculty of Management, Tribhuvan University, Kathmandu, Nepal
*Corresponding Author: Manoj Kumar Chaudhary, Ph.D, Associate Professor Faculty of
Management, Tribhuvan University, Kathmandu, Nepal

ABSTRACT
The main purpose of this study is to identify CSR practiced by Nepalese businesses. Similarly, the study has
also explored the mandatory issues of CSR in Nepal. So, to test the CSR practice, the data regarding this
have been collected from structured questionnaire for descriptive analysis. Besides this, experts opinions
have also been collected to diagnose mandatory issues of CSR in Nepal’s real perspective. The result of the
studys hows that CSR should be made mandatory but with an added responsibility of transparency,
stringency, and innovation on part of government and corporates. Hence, in Nepalese business society, the
legal and ethical domains of CSR are found to be poor in practice . Furthermore, diverse views of experts
are found on CSR mandatory issues in Nepal. Hence, it can be concluded that, it is not enough just to make
CSR policy mandatory. Along with policy, CSR has to be accountable and transparent, showing their fund
allocation and observed sectors. Further, implication of this study, strategic economic motivation of CSR is
increasing in the Nepalese context. Thus, the value of the paper is perhaps the first to substantiate the
relevance of CSR in Nepalese context by tying together contemporary and contentious issues of CSR in
Nepal.
Keywords: CSR, issues, mandatory, business, society, experts, Nepal.

INTRODUCTION organized way of operation, and respect for


ethical, social and environmental sensitivities.
Corporate social responsibility, since its Furthermore, CSR is an organizational pledge to
emergence as a business idea in the 1960s, is
advance community welfare on a voluntary
understood as a business practice of being
basis through contribution of available corporate
responsive to societal needs. CSR makes it resources. Further, the authors found an
imperative upon a business organization to increased commitment on the part of some
move away from its fixation on profit towards companies towards social well-being as it
societal welfare. There are three standard
helped them build reputation and enhance brand
examples of CSR practice: ethical, altruistic and image. (Kotler and Lee, 2005)
strategic. Lantis, (2002) suggests that ethical
CSR comprises of at least a minimum level of The concept of corporate social performance
responsibility towards society—a conscientiousness can provide a coherent framework for the field
that makes companies eschew activities which of business and society by integrating the
may be harmful to the society, even though they conceptual advances that have been made, and
may not be legal infringements. Next is altruism by allowing scholars to "locate" works within a
which corresponds with Carroll's (1997) idea, broad model of business-society relationships
recreational/volunteer responsibility which fuels (Wood, 1991).
the intent to contribute to the betterment of However, there can be a flip side to fixating on
stakeholders, even if the cost of these activities this conceptual model, as most of the literature
may mean forfeiting company profit. Finally, on the perception of CSR is either conceptual or
strategic CSR intended as a tactic to improve based on the empirical research done on
corporate image along with securing employee's business managers (Quazi and O‘Brien, 2000;
commitment and satisfaction besides boosting and Singh et al., 1980, etc.) or consumers (Sen
the confidence of suppliers and retailers. and Bhattacharyam, 2001; Brown and Dacin,
CSR practice is basically concerned with 1997; and Ellen, Mohr and Webb, 2000, etc.).
organizational growth, stakeholder benefit, These contentions, therefore, indicate that there

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Relevance of Corporate Social Responsibility: Contemporary Corporate Issues in Nepal

is a clear-cut link between an organization‘s CSR ISSUES IN NEPALESE CONTEXT


CSR activity and its societal image. As P. Baral
The issues related to CSR in developing
(2011) rightly contends, an organization‘s CSR
countries including Nepal have a structure that
report card enhances its image in the public
mind, thereby aggrandizing its competitive is based on the ideas distilled into the
thrust. Therefore, this intervention posits that an Millennium Development Goals. This includes a
enviable CSR record affords a business world with less poverty and disease, healthy
organization the competitive thrust that it needs mothers and children, education for all, women
to survive the cut-throat competition. As R. E. empowerment, healthier and sustainable
Freeman argues, a firm fixated on profit alone environment, and so on (UN, 2006). However,
has a low societal image which makes it to these aspirations remain ambitious for a country
vulnerable to stiff competitions. like Nepal which is under-developed. So, the
major concern in this regard is: Is CSR doing
When a country has attained a sufficiently high good to business and society? What is the role
standard of living, passed environmental of Business Corporation in realizing the
legislation, and installed institutions for the country‘s Millennium Development Goals?
protection the environment, the business and Therefore, clarifying CSR contexts of Nepal is a
societal environment become conducive. worthwhile effort. Business in developing
A corporation investing in long-term strategies countries is still hampered by lack of
concerning social responsibility practice transparency, bureaucratic hurdles, and
becomes a useful tool for sustainability and corruption (The World Bank, 2005). Further, in
growth. Similarly, CSR is not merely an developing countries, legal and ethical
obligation of business enterprises towards the responsibilities seem to have a lower priority
stakeholders, but more importantly, an (Visser, 2005b & Reed, 2002). In recent years,
opportunity for economic benefit and Nepalese organizations have received a lot of
sustainable growth (Chapagain, 2012). flak with regard to CSR and good governance
Moreover, CSR practices of an organization (Chaudhary, 2016). With liberalized economy
have significant impacts on its reputation and and globalized financial market, the current
performance (Sethi, et. al, 2011). CSR practice of Nepalese firms needs to pick
up. In this regard, the state should be a
Furthermore, Nepali researchers have not significant driver of CSR.
critically analysed the societal perception of
CSR, which can be conceptualized in Nepalese Some legal evidences of CSR have come
settings in several ways. Among these, Carrolls forward in many instances in Nepal. One of the
(1979) has identified four tiers (economic, legal, earliest known instances is the one that involved
ethical and discretionary expectations) of the Supreme Court. The Nepalese Supreme
responsibilities in CSR. However, in developing Court in Surya Dhungel vs Godawari Marble
countries like Nepal, economic responsibilities industries case (1995) recognized the concept of
followed by philanthropy still get more social responsibility of the company. (Shah,
emphasis than in the developed countries 2012).The issue highlights industries‘ responsibility
(Visser, 2005). Visser further claims that legal in its own actions and towards its workers. The
and ethical responsibilities generally have lower then justice, KedarNath Upadhyay, observed
emphasisin developing countries than in that the Godawari based mining operation
developed ones. Therefore, there is less caused injuries to workers and caused
availability in Nepal of research work in the environmental hazards in the periphery. Often
context of societal perception towards CSR indifferent to workers‘ needs and woes, this can
practice by Nepalese firms. Therefore, based on be marked as one of the moments that brought
the literature it could be observed that CSR the consideration of Corporate Social
practice in an organization is an essential tool Responsibility to the limelight.
and strategy that can impact its operating Awareness of CSR practice has grown in some
environment and has meaningful consequences selected Nepalese companies that seek to protect
for its survival, growth, and performance. their family-brand image. It also appears that
However, in Nepal the research is below par companies still have a long way to go towards
research, and is limited, based on firsthand focusing on the comprehensive implementation
information. Thus, so far as CSR practice in the of CSR agenda. Once companies maintain CSR
Nepalese context is concerned, this study activities inside the company, then they can help
attempts to fill this gap. other people in society using their CSR agenda,

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Relevance of Corporate Social Responsibility: Contemporary Corporate Issues in Nepal

that may help raise their brand image, Nepal‘s case to have comprehension of CSR at
competitiveness and profits (Adhikari, et. al, an individual, institutional, and national level.
2016). Here, it must be kept in mind that many However, the changes and developments are
private companies in Nepal are following a much too slow for Nepalese society to reap its
family style of management, which means that benefits as of now.
entrepreneurs run their business in their own
Furthermore, according to Chaudhary (2016),
way—mostly for pecuniary profit and family
social pressure and consumer groups are not
name.
found to be as strong as their counterparts in
According to Wetzel (2006), Nepalese some other developed countries. As a result, the
companies can be divided into two clusters in CSR movement is still inchoate in nature.
terms of CSR situation. The first cluster of Therefore, the growth of CSR should be linked
companies respects employee rights, such as with the growth of consumer beneficiaries in
written appointments for jobs, regular working Nepalese settings. Chaudhary further claims that
hours and safety measurement. Such companies the role of the state, NGO, and INGOs have
are connected to Indian companies or are part been found to enhance CSR activities in Nepal.
of supply chains reaching out to Europe. A It is heartening that in recent years, quite a few
second cluster of companies are small or mid- business firms in Nepal have incorporated CSR
sized family-owned businesses. The majority of in their business practices. The attention towards
them belong to the private sector, and their social obligation has made them amenable to
activities are driven by the owners‘ convictions sacrificing a minimum level of profit for societal
and interests rather than by international welfare (Sharma, 2016). Therefore, it can be
standards. The potential for business and discerned that the real involvement of Nepalese
societal benefits thorough CSR are not fully business community in CSR activities is still not
realized in these companies (Adhikari, et. al, clear. However, the concept of CSR is emerging
2016). in Nepal with different motives. Thus, there are
very few researches related to CSR practice in
Another study jointly done by Upadhyay and
Nepalese context based on Carroll Model
Dhungel (2013) on 14 public and private
(1997). So, this study seeks to explore and
commercial and development banks indicates
investigate experts‘ opinions regarding CSR
that only 71 per cent of them are reporting about
dimensions, its benefits, and mandatory issues
their CSR activities. According to this study,
in both qualitative and quantitative ways.
most of the CSR activities in which these banks
are involved are related to education and Should Csr Be Done Voluntarily Or Be Made
training; welfare to the underprivileged, arts/and Mandatory?
cultural protection; contribution to associations,
CSR has been studied over decades, and it has
clubs and other organizations; contributions for
received a large amount of attention from
health care; and environment and so forth. Their
people, organizations and governments around
study also reveals that women empowerment
the globe. Because CSR has become a high
and rural development are not high priorities of
priority worldwide, shouldn‘t CSR be made
Nepalese business houses.
mandatory? In this regard some scholars assert
There are many reasons as to why developing that CSR initiatives should be made mandatory
economies like Nepal conceive, incentivize, and by law to make business more responsible
push for CSR. Visser (2009) identifies ten towards society, while some other scholars think
possible reasons as drivers of CSR in the move to make CSR a legal compulsion is
developing countries. Cultural tradition, unnecessary (Sharma, 2016). Robin (2008)
political reform, socio-economic priorities, pointed out that CSR should be popularized but
governance gaps, crisis response, market access, not be imposed. Whether the state has to use its
international standardization, investment power to make it mandatory or not, quite a few
incentives, stakeholder activism, and supply organizations take CSR as a burden (Agrawal,
chain are ten identified ones. Many of these 2015). The right answer to the question,
metrics seem to align with the ones indicated by whether or not CSR should be made mandatory,
perceived necessity of CSR. The correlation needs to come after sufficient weighing of its
between societal benefits (as well as harms pros and cons. The pros and cons of voluntary
mitigated by the adoption of CSR) and the CSR (one done without any legal enforcement)
increased shift of focus towards Corporate can rightly be measured with the pros and cons
Social Responsibility makes it evident in of mandatory CSR (one with legal

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Relevance of Corporate Social Responsibility: Contemporary Corporate Issues in Nepal

enforcement). Adhikari (2014) discusses the many CSR programmes dovetail with the
advantages of Voluntary CSR with a wide array priorities of the local or provincial governments,
of benefits: Supply chain management, such as CSR, health care and environment
maintaining relationships with business partners, protection (Mullich, 2011). As in India, the
safeguarding brand equity and reputation, Nepal government has also introduced a
effective risk management, producing provision in the recently amended Industrial
efficiency, managing relations with NGOs, Enterprises Act which requires companies to
minimizing friction with shareholders, behaving spend at least one percent of their net profit for
consistently with the company‘s stated social initiatives. Earlier, Nepal Rastra Bank in
principles and ethics, and reducing legal risks. the Monetary Policy for FY 2016/17 also asked
He furthers the discussion with the challenges of banks to spend at least one percent of their profit
CSR in terms of stakeholder analysis of vendor in CSR activities (Sharma, 2016).
employees, factory management and owners,
Depending on what best suits specific nations
NGOs, and companies. In a similar vein,
and society, the way corporate social
advantages of mandatory CSR can be seen in its
responsibility is seen can shift from ―obligatory
benefits resulting in avoidance of exploitation of
and enforced‖ to ―opportunity enhancing‖.
labor, promotion of a level playing field,
Contributing to society is not simply a charitable
redressing of the balance between companies
gesture, but can be a value creating activity
and employees, and improvement in the
when utilized with an appropriate strategy
profitability, growth and sustainability for
(Moon and Parc, 2019). In order for the firms to
business and legislation.
have sustainable development through CSR, the
All over the world, every nation has its own way incorporation of environmental, economic and
of encouraging CSR practices. Great Britain has social aspects is obligatory. So the issue of
a minister for CSR, who is an expert of making CSR mandatory or not is also tied with
company law, so that environmental and social the ideas of socio-cultural values, especially in
performance may be effectively monitored developing country like Nepal. In Nepal, where
(Douglas, et. al., 2004). However, in America business and corporate sector reflects values and
this kind of monitoring is not in practice culture of country, it wouldn‘t be wrong to
because there the organizations themselves presume that CSR should be voluntary, as most
police the implementation of CSR which they business organizations would already be doing
project to the public through external it. However, the flip side to this exists. Nepal‘s
communications. The system works well in business and corporations largely follow profit
America because of the long tradition of the making motives, like the rest, so their
involvement of corporate in social benevolence. contribution in terms of direct connection with
Unlike America, Denmark more or less toes the community has been missing too. So business
British line (Kampf, 2007). In Malaysia, all organizations have more or less been divorced
publicly listed companies are required to from this concept. So the concept of making
disclose their CSR activities in their annual CSR mandatory or not with the framework of
reports. CSR disclosure, however, remains concomitant benefits is associated with CSR is
voluntary (Othman, 2011). In India, the worth exploring.
amendment of the Companies Act in 2013
sparked debate as the Act mandated companies
RESEARCH METHODOLOGY
to spend at least two percent of their average net The method of study has been classified into
profit in CSR activities. However, in India, the two parts: descriptive and exploratory. For
practice of CSR is at an early phase as there is descriptive research design, primary data were
no mandatory rule to report CSR to all. In collected through the survey approach by
China, creating more and more employment distributing questionnaire personally. A
opportunities is regarded as the main dimension judgmental sampling method was used to collect
of CSR (Xu and Yang, 2010). The Central data from the faculty members of Central
Government adopted circular economic policy Departments of Management, Economics and
as an official development strategy in 2002, Law at Central Campus, Tribhuvan University,
aiming to protect environmental degradation and Kathmandu, Nepal (basically with those faculty
resource scarcity issues due to poor industrial members who are involved in teaching
practices. Indeed, in China, members of the profession for at least 5 years and above).
general public may not even be aware of a Altogether 160, 5-point liker-type scale
company's CSR initiatives. For this reason, questionnaires were distributed amongst them,

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Relevance of Corporate Social Responsibility: Contemporary Corporate Issues in Nepal

but only 148, questionnaires were received. important to note that their viewpoints and
Among 148, 6 questionnaires were excluded due rationale are representative of all 76 experts
to their incompleteness. Therefore, 142 valid which speaks about the different level of
questionnaires were used in this study to apply organizational perspective of Nepal. In
Carroll‘s CSR Model (1997) to the Nepalese addition, all the participants involved believed
context in order to know the real scenario of that the outcome of the discussion will be
benefits associated with CSR and its influence helpful and in line with the final decision:
on CSR‘s mandatory issue. whether CSR in Nepal should be made
mandatory or not.
Besides, this study was carried out taking into
consideration whether CSR should be made ANALYSIS OF RESULT
mandatory or not. For this purpose, 76 experts
from different backgrounds were requested to This part of the research presents the acquired
participate in the focus group discussion. In the data in tabular form which simplifies the
discussion, the line of reasoning and rationale of analysis process for easy comprehension. In this
perceptual analysis of data, the following part
many responders were found to be similar, and
presents dimension of CSR related to
therefore redundant. So researchers have
presented statements of seventeen participants organizational benefit based on its adoption with
verbatim. Although the statements of only 17 CSR measures.
out of 76 participants have been considered, it is
Table1. Main Benefits of Adopting CSR
Main Benefits N Mean Std. Deviation Rank
Rank enhancing corporate reputation 142 2.09 1.355 1
Rank improve relation with employees, institution and
142 2.33 1.457 2
community
Rank efficiency increment 142 3.91 1.626 3
Rank acquisition of commercial benefits 142 3.65 1.226 4
Rank identification of reputational risks 142 4.48 1.41 5

For ranking, respondents are asked to rank the Then improving relation with employees,
most important events and accordingly for the institution and community gained second most
main benefits of the adoption of measures of attention. The World Bank (2003) has a concise
CSR. On the basis of mean analysis in the above and precise definition for CSR: the commitment
table, what comes to the fore is that the of business to contribute to sustainable
respondents give most priority to enhancing economic development working with
corporate reputation. According to Mckinsey employees, their families, the local community,
global survey results (MGSR), 55 percent of and society to improve their quality of life, in
executives agree that the sustainability of CSR ways that are both good for business and good
helps their companies build strong reputation. for development. This identification of
The results from this study corroborates employees, institution and community as
MGSR‘s survey findings, with most of the indispensable actors is also seen as the resultant
respondents (as shown in the table 1) perceiving of this study where improved relations with the
enhancement of corporate reputation as the most aforementioned stakeholders holds key to both
important outcome of the companies adopting the company, society and CSR activity as a
CSR measures. whole.
Likewise, Colleoni, 2013 posits that the Likewise, respondents rank efficiency
enhancement of corporate reputation results increment, acquisition of commercial benefits
from the effective communication and and identification of reputational risks as third,
dissemination of the CSR information between fourth and fifth important benefits in the
ethical company and stakeholders. This focus to adoption of CSR activities in the organization.
educate stakeholders, which also incorporates Young and Tiley, 2006 discussed six criteria as
academicians, CEOs, and management efficiency brought forth as CSR‘s concomitant
personnel, present as respondents of this study, benefits to the organization: eco-efficiency,
about one‘s CSR activities also answers why socio-efficiency, eco-effectiveness, socio-
most respondents give most priority to effectiveness and sufficiency and ecological
enhancing corporate reputation. equity. Although not seen as the most

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Relevance of Corporate Social Responsibility: Contemporary Corporate Issues in Nepal

significant aspect of CSR by most respondents, Before a company thinks about being a good
these ideals of efficiency when integrated with corporate entity in the society, it first needs to
company‘s business model provides one of the make sure that it can be profitable. Similarly,
strongest forms of operation and large profits. corporate social responsibility offers
This study sustains this notion with respondents organizations various opportunities not only to
placing this yardstick as the third most differentiate themselves from competitors, but
important benefit in consideration of corporate also, for reducing costs (Nolan et al 2009; cited
responsibility. in Ali, et al, 2010). As the foregoing suggests,
procurement of commercial benefits—
Respondents of this survey accordingly saw this
represented largely by profit and reduction in
as potential harms from reputational risks and
costs—should be a significant priority for its
marked it a considerable aspect of CSR‘s benefit
sustenance. Not surprisingly, the respondents of
too. Because corporate reputation (ranked first)
this study too saw its importance to
and identification of reputation risks (ranked
organizations‘ profitability, ranking it as the
fifth) go hand in hand, it can be understood
fourth important element of CSR. Although not
simultaneously as to why responders of this
as high as the rest which is determined largely
survey considered it and placed it fifth among
by judgmental perception, commercial benefits,
other considerations of the benefits of CSR to
nevertheless, is found to be extremely important
organizations.
by this study.
Table2. Descriptive Statistics
N Mean Std. Deviation
Economic 142 3.11 0.277
Legal 142 3.02 0.436
Philanthropic 142 3.05 0.434
Ethical 142 2.79 0.347
Growth 142 2.94 0.369

Economic, legal, philanthropic, ethical, and society. So, it is ethical that they should give
growth dimensions form five cornerstones of back to the society. Also, it is evident from the
CSR. Each one carries its associated values and history of Nepal‘s business sector that majority
adopted strategies. So when CSR issue is of the companies are not proactive in engaging
discussed within this frame, the subsequent in CSR activities and that they should try to find
discussion to mandate CSR for this study ways out to invest in social development. Once
becomes even more streamlined. Even more it is made mandatory, we can see significant
crucially, these dimensions underpin the funds available to be invested in social welfare.
comprehension and standpoints of the
Statement 2
participants providing for easy transition into
the understanding of the outcome of this study: CSR should be made mandatory because
Should CSR be mandated in corporate sectors? business flourishes through society. Investing in
Based on the perception of academicians towards philanthropy is like disposing garbage in the
CSR dimension, what is revealed is that middle of the river which is ultimately going to
economic dimensions have received high come back to the ones who threw it there.
attention followed by philanthropy in the Nepalese Statement 3
context. Besides the above empirical analysis, 76
experts from different background like CSR should be voluntary and not mandatory
academicians, lawyers, industrialists, bankers, because businesses themselves have started
entrepreneurs and member of Federation of realizing that they are nothing without society.
Nepalese Chambers of Commerce and Industry If they can stand for the society when in need,
(FNCCI) were invited to participate in the the society will definitely reciprocate.
focused group discussion on CSR mandatory Statement 4
issues. Among them, 17 concrete statements
were collected. These are presented below: If it is imposed under legislation, it is a legal
responsibility and not a social one. The road for
Statement 1 CSR begins right from the dead-end of law. To
I strongly feel that CSR should be made earmark, the extra spending should be up to the
mandatory. Business makes profit from the choice of corporate themselves.

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Statement 5 deserving stakeholder actually gets the benefit


or not. In the context of Nepal, Nepalese banks
Well, we are high taxpayers and have been
have to allocate 1 percent of their profits for this
contributing to several aspects. For example, we
service. But, some banks are using that allocated
have been spending on donation, levy, charity,
fund for the education of the staff's children.
etc. Likewise, we have created employment
The CSR fund should be beneficial to all
opportunities in the service sector, even though
stakeholders—not just staffs of the organization.
no facilities and concession are provided to us.
In the case of developed countries, CSR should
Besides, government depends on us for the
be voluntary and transparent. The government
development of the economy. So, having
should give tax exemptions for CSR funds in all
proactive involvement in all socio-economic
the countries.
aspects, I think it should be considered as the
part of CSR. Therefore, it should not be Statement 9
mandatory at this juncture. Moreover, we
I don't believe that CSR should be mandatory.
believe in karmayog.
Business firms will simply consider CSR as part
Statement 6 of their regular compliance. Government can do
nothing, except to demand industries to allocate
Jurisprudentially, CSR is a part of social
certain percentages of profit for CSR. I doubt if
contract theory. This theory views that every
such allocation will create any social or
human's moral and/or political obligations are
environmental impact. Further, government will
dependent upon a contract or agreement to form
be able to mandate each and every policies and
the society in which they live. Although the
programmes of CSR. CSR are now promoted by
corporate bodies are incorporated for the
business firm as their business strategy.
business motive, they should be ethically
Business houses are designing their programme
obliged to contribute something to the society in
focusing on their business needs and
which they exist, grow and gain something from
competencies. I believe, it will provide them
there. Hence, to legally execute this concept and
sufficient scope to create some social and
to make a harmonious relation between
environmental impacts simultaneously. It will
corporate bodies and the society, most of the
be providing some business gain to them as
modern nations enforce the corporate bodies to
well.
fulfill their corporate social responsibilities as a
statutory obligation and I think it should be However, CSR can be made a part of national
made mandatory. regulation. Broad policies may define certain
requirements on business firms on consumer
Statement 7
protection, environmental protection, and price
Nothing should be mandatory, and besides stabilization. These things can be checked and
actions of social corporate responsibilities, regulated. However government cannot mandate
everyone needs to emerge from the depths of the firms in their philanthropic responsibilities.
one's heart. Responsibility is the ability to This will ultimately limit the firm itself in
RESPOND to what is needed here and now. implementing CSR activities.
Ability to take conscious actions consistent to
Statement 10
one's value/organizational values, goals is an
essential need of the hour. But how can anybody The business themselves need to come upfront
think of making anyone RESPONSIBLE realizing their responsibilities towards the
mandatorily or by FORCE? society. Forceful CSRs cannot be fruitful and
achieve intended results. Further, I believe that
Statement 8
CSR is basically guided and motivated by the
CSR should be mandatory and transparent in the feelings and sentiments of individuals or group
case of least developed and developing for social welfare and good causes. Though it is
countries. Business organizations earn profit a good thing to get engaged in philanthropy, its
from the society. Therefore, they have to spend long term impact is limited. Therefore, CSR is
some portion of the earned profit to the society. done in several ways by evaluating the impact
It is not enough just making the CSR activity of such activities for the targeted communities
mandatory, but it has to be transparent to find alongside the business themselves which are
out whether the CSR fund is being properly engaged. Recently, the business community in
utilized or not. It has to be regulated in a Nepal has been contributing to many social
transparent way to find out whether the welfare programmes.

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Relevance of Corporate Social Responsibility: Contemporary Corporate Issues in Nepal

Statement 11 opportunities, paid taxes, increased productivity,


and raised standards of living. So I think CSR is
The NRB initiative is really appreciable, if I
best when it is kept voluntary as contributions
have to give my personal opinion on it. The
are coming, albeit in different forms.
CSR activities indirectly pay back to all the
stakeholders – owners, investors, employees, Statement 17
customers, government, etc. CSR is also
In a country like Nepal, where the check and
responsibility of all corporate entities, whether
balance mechanism doesn‘t function efficiently,
they are for profit or not. Concluding my view
making CSR mandatory or voluntary is less
on mandatory framework of CSR fund, I do
likely to have any tangible effects. Those that
support the NRB directive in this regard.
feel the responsibilities do them willingly while
Statement 12 those that are forced will adopt a perfunctory
approach. I think the status quo will persist to
No, it may not be practicable for all. Even
prevail.
though, it has certain level of benefits to the
people. The reason is that quality service cannot CONCLUSION AND IMPLICATION
be guaranteed through the corporate social
In this study, main benefits of adopting CSR (as
responsibility. But organizations can voluntarily
put their efforts to donate for or to contribute to shown in Table 1) and dimensions of CSR (as
the people‘s welfare. shown in Table 2) serves a complementary role.
If the five dimensions of CSR—legal,
Statement 13 economic, philanthropic, ethical, and growth—
Yes, it is helpful for branding, increasing provides understanding about the areas of
awareness, enlarge impressions, and imparting highest and least dominance, then the main
positive views to the people. We (NIC ASIA) benefits of adopting CSR (markedly categorized
have Foundation which has been serving in the in five spheres) tells us why, therefore, acting as
rural areas in the form of providing child health preconditions or reasons for so.
facilities, girls‘ education in remote areas and Majority of respondents see that business image
contributions to earthquake rehabilitation fund. in Nepal‘s context gets enhanced with the
Statement 14 adoption of CSR measures. An additional layer
of fantastic insight stemming from this study is
Yes, it should be mandatory because that corporate reputation seems to matter and
organization has responsibility to the society. influence the most to business organizations
So, welfare of the people is the must. This because the general populace place highest
welfare will help the community members, emphasis on this very front. This finding
especially in the Nepalese environment, to rise directly strengthens and supports the cause-and
above the ranks in terms of social mobility. effect observation made by Bhattacharya &Sen
Statement 15 (2007): ―CSR initiatives form a positive
customer‘s attitude and behavior. This in turn
While it is logical, and perhaps ethical, to not strengthens the company‘s brand image, which
enforce CSR on any institutions, the fact that is one of the main reasons for a company to
most organizations are increasingly bent on a engage in CSR activities.‖
capitalist profit making mindset (which in itself
is not unethical but the increasing trend is The rationale for the occurrence of individual
definitely disturbing), it is only fair for them to benefits like improving relations, efficiency
give back to society. Because we don‘t live in increment, acquisition of commercial benefits,
an ideal world, making CSR mandatory is the and identification of reputational risks have
need of an hour. However, stringent rules and been made directly beneath the table 1.
regulations must be made on monitoring too. However, an element of reason which explains
less recognition of these benefits relative to
Statement 16 enhancement of corporate reputation isn‘t solely
Answering in binary- yes or no- terms is always of less preference.
difficult. I think everyone is looking at CSR as In fact, the increasing emergence and
an opportunity for companies to engage and identification of these ideas as important aspects
actualize with communities. If that is the case, to organizations and society have made all of
then I think everyone plays a different role in these second to corporate reputation. The new
society. Business organizations have diversified CSR activities such as poverty alleviation and

35 Journal of Law and Judicial System V3 ● I1 ● 2020


Relevance of Corporate Social Responsibility: Contemporary Corporate Issues in Nepal

creation of employment opportunities are growth, gross domestic product education, less
emerging in the philanthropic domain (Adhikari capital formation, unemployment, and the like,
et al ; 2017). This finding automatically leads to CSR should be enforced compulsorily.
an implication: in the future, with more Therefore, in order to achieve competitiveness
acceptance, preference of adopting CSR and its of the Nepalese business society in the global
dynamics might change. context, it is essential that CSR be made
mandatory in order to improve, create healthier
It is evident from the responses of 76 experts
business environment, support millennium
(results are summarized in table 2) that
development goals of the country and contribute
economic domains followed by philanthropic
to the society‘s overall welfare.
activities of CSR are more predominant than the
legal and ethical domains of CSR in the Although the eventual findings and outcomes
Nepalese context. So, from the result, it can be may be the understanding that CSR should be
inferred that the strategic economic motivation legally made mandatory, equal preparations as
of CSR is in increasing trend in Nepal. This preemptive must be made in order to buffer the
follows and plays into Coutinho and Macedo- backlashes and the ramifications.
Soares‘s observation (2002): There is a trend
It can have drastic effects on economic, legal,
toward promoting corporate changes with deep
and social spheres in the Nepalese communities.
strategic implications that must be associated
In a close- knit community, the relationship
with business strategies in the company in order
often hinges on a perceptive dynamic, which
to be efficient.
can be largely altered with a legal enforcement
At present, philanthropy CSR is also found to be of CSR in business organizations. This can
in a strong position in Nepal. However, it is a affect cyclically to all the concerning bodies—
must for Nepalese business to pay attention companies, consumers, society, and the
towards making the stakeholders happy for a government. So a comprehensive and cautious
smooth functioning as Market constituents (e.g., study and action prior to the implementation of
employees, customers, suppliers, creditors) can the policy is a must.
directly trigger a shortfall in economic rents by
So, to round off the overarching proposition of
making unfavorable economic choices (Delmas
this paper, The researcher would like to state
&Toffel ; 2008). Besides this, legal and ethical
that the economic motivation as a strategic
domains of CSR are found to be in poor shape
approach to CSR is gaining more momentum.
in the Nepalese context. What this means is that
And making CSR mandatory in Nepal‘s context
government role has not been effective in
is a need and must be accompanied by the
maintaining its policy act which is formulated
government and the corporate bodies‘ effective
by the government itself.
approaches.
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Citation: Manoj Kumar Chaudhary, “Relevance of Corporate Social Responsibility: Contemporary


Corporate Issues in Nepal”, Journal of Law and Judicial System, 3(1), 2020, pp.28-38.
Copyright: © 2020 Manoj Kumar Chaudhary. This is an open-access article distributed under the terms of
the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in
any medium, provided the original author and source are credited.

Journal of Law and Judicial System V3 ● I1 ● 2020 38

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