issn: 2581-8503

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VOLUME 2 : ISSUE 5

|| September 2020 ||

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Manager || PSU

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Consultant||SUMEG FINANCIAL SERVICES PVT.LTD.

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Name - Mr. Siddharth Dhawan

Core Team Member || Legal Education Awareness Foundation


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ABOUT US

WHITE BLACK LEGAL is an open access, peer-reviewed and

refereed journal provide dedicated to express views on topical legal

issues, thereby generating a cross current of ideas on emerging

matters. This platform shall also ignite the initiative and desire of

young law students to contribute in the field of law. The erudite

response of legal luminaries shall be solicited to enable readers to

explore challenges that lie before law makers, lawyers and the society

at large, in the event of the ever changing social, economic and

technological scenario.

With this thought, we hereby present to you

WHITE BLACK LEGAL: THE LAW JOURNAL



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ABSTRACT

This paper basically reviews about how the outrageous disease known as Covid-19 or in

simple terms Corona Virus has been targeting the whole global community. Since, the

outbreak of this virus the doctors and the medical experts are working thoroughly to bring out

the vaccine or the medication so as to improve the condition of those who are affected by this

disease. Highlighting the main ingredient for providing aid to the effected people and the

society, the Companies and their Corporate Social Responsibility groups and communities

are how acting as the beneficiary to this pandemic situation has been mentioned in this

research panel. Not just the Corona Virus but since the establishment of CSR column, the

corporations have been helping the society in all these pandemic and disaster states.

The research paper moreover talks about how different companies from all over the world are

collaborating and making partners with NGOs and other organizations to aid the society by

providing of essentials such as funds that have been allocated in their CSR treasury,

protection masks, sanitizers, making of Covid-19 hospitals and rooms, providing beds for the

patients, etc.

The conclusive area of the paper mentions about how well these groups and communities are

working and lays down sticks of important criteria that should be mainly followed by the

companies to attract the society in this pandemic situation.

Keyword: Corporate Social Responsibility (CSR), Covid-19, Corporate Tax, Market

Strategy.



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THE CORPORATE BODY: CONQUEROR OF THE PANDEMIC

Sutanuka Sinha Ray & Areeb Ahsan

INTRODUCTION

The “covid-19 - the infectious disease triggered by corona virus has been considered as

global pandemic by the World Health Organisation (WHO)”. This “contagious disease

tremendously disrupted the socio-economic circumstances of the whole world”. Social

distancing plays a pivotal role in order to mitigate the spread of this deadly infection. The

“Government of different countries and State governments announced lockdowns throughout

the world in order to promote social distancing”, which basically directs the public to

maintain, distance both socially and physically. Even “extended lockdowns further worsen

economic troubles, but Social Distancing by means of lockdowns is the only weapon that can

destroy the spread of this transmittable disease”. Probably one of the most important ways to

cope with this lockdown to avoid any deterioration of mental and physical wellbeing is to

take advantage of the situation to reflect on something that we cherish the most in our

research, in our case corporate social responsibility (CSR) and marketing.

Corporate social responsibility (CSR) “is a self-regulating business model that helps a

company be socially accountable—to itself, its stakeholders, and the public”. Corporate

social responsibility is a broad concept that can take many forms depending on the company

and industry. “Through CSR programs, philanthropy, and volunteer efforts, businesses can

benefit society while boosting their brands”.1 “As important as CSR is for the community, it

is equally valuable for a company. CSR activities can help forge a stronger bond between

employees and corporations”; boost morale; and help both employees and employers feel

more connected with the world around them. “One of the core components of CSR is about

putting a human face on business entities by communicating empathy”, understanding and

support, both moral and financial, for those who need it most. “We’re definitely in a time of

need right now and transferring the ideals of CSR to the dislocation caused by COVID- 19

can be of great beneficiate now for all of us, as employees, as consumers and most

importantly, as people trying our best to get through an extremely challenging time”.2

1 Hongwei He and Lloyd Harris , The impact of Covid-19 pandemic on corporate social responsibility and

marketing philosophy 2 James Chen, Corporate Social Responsibility (CSR), Investopedia.

https://www.investopedia.com/terms/c/corp-social-responsibility.asp; Last access on 24th

June,2020



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The impact of Covid-19 on the global economy is likely to be unprecedented since the 1930s

Great Depression. Therefore “probably the Covid-19 pandemic represents one of the most

significant environmental changes in the modern marketing history”, which could potentially

have a profound impact on corporate social responsibility (CSR), consumer ethics, and basic

marketing philosophy.3 “The short-term impact of Covid-19 is immediately and effortlessly

felt, due to the widespread lockdown and social distancing measures globally”. “However the

pandemic will end, it is already set to have long-lasting profound economic, social, political,

and cultural impacts”. In this paper the authors would try to explain how corporate worldwide

are acting during Covid-19 and how the companies are using their CSR funds during this

pandemic.

3 Supra note 1



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CHAPTER -1

THE ROLE OF CORPORATE AND CSR IN THIS COVID-19 PANDEMIC

The Corporate Sectors are not hanging on to just a profit motive mantra that was basically the

traditional approach to make the place in the competitive market. “Nevertheless, these

corporate are widening their ambits to the extent of providing relief, rights and help to the

society as a whole from the amount of profit or particular charted out income in the form of

the savings”. “To support this all together social well, it has become an objective across all

level to remain at the high stake in the hands of the consumers or the society. The “king pin

of the market” phenomenon is now gathering the mindsets of every corporate identity. CSR

isn’t just the right thing to do; increasingly it makes business sense as a way deepen

engagement with the modern consumers.4 “Whether the question arises about helping the

society to fight a problem, the CSR community every time steps out to give aid in the form of

monetary, mentally and physically to the social beings”.

It is a “established rule that the companies incorporated in India having net worth of Rs 500

crores or more, or turnover of Rs 1,000 crores or more, or net profit of Rs 5 crores or more

during the immediate preceding financial year, should form a CSR committee and spend at

least 2% of the average net profits earned during three immediate preceding financial years to

CSR activities”.5 “This intern makes a great path for the companies to help the society in the

form of this CSR funds that they have accumulated. CSR communities have been playing

vital roles in every problematic situation that bulges out in a community or a society”.

“Similarly in this situation of grave outburst of fear and contractual disease that is spreading

as the term Covid-19, CSR communities have a lot to take care of as a whole”. CSR is a

“self-regulating business model” that implies the procedures of interaction by a company

with its stakeholders and the general public at large, creating a scenario of being socially

responsible.6 “Companies and their CSR group are not just helping the society through

financial needs, but also by the virtue of the most important ingredient that is basically

required in this pandemic situation is mental health and awareness”.

4 Corporate Social Responsibility in the Age of Coronavirus (COVID-

19);https://prowly.com/magazine/corporate-social-responsibility-in-the-age-of-covid-19/ Last access on 23rd

June,2020 5 Sec 135 of the Companies Rule, 2014 and Schedule VII of the Companies Act, 2013

6 Corporate Social Responsibility in times of Covid-19 pandemic, Economic Times, Published On May 16,2020

https://government.economictimes.indiatimes.com/news/economy/corporate-social-responsibility-in-times-of-

covid-19-pandemic/75771467



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“Various famous companies such as McDonalds’ have provided awareness to the society in

the form of their slogans or advertisements”. Such as advertising about how the brand logo

“M” is divided into two “n”, which showcases about social distancing. “Along with these, the

blue chip Indian Companies has taken a great step in tackling this situation for the society by

providing monetary aids to the public”. Infosys, SBI, Reliance Industries, ITC, etc. are few of

the big names that have been helping the society through the CSR funds in the form of direct

public help or through various funding mechanisms, such as PM fund.7

Not “just the society, the companies are taking initiatives for their own employees and

workers. Providing of flexible working hours and work from home are gathering the attention

of all the employees”. “The CSR fund is also formulating to help its own employees in the

form of monetary whenever it is required or through any medium such as providing of

sanitizers, masks, gloves, etc.” which is accumulated through the funds maintained in the

CSR treasury. “Covid-19 has brought an opportunity for the companies and their CSR

communities to devise new programs and patterns in the form of CSR amendments to tackle

the hurdle lay down because of this pandemic”. New business strategies, communication

techniques, different forms of activities, are gathering the amending policies of the CSR

enriched companies.8 “According to the theory of neo-classical point of view, corporate

basically exists for the purpose of delivering products and providing services to society, and

thus for creating value, which can be inform of economy or mentally and thereby generating

profits for its owners.”9 “The managers are in power to maximize these revenues for

the shareholders, employees and the society which can help them in any problems faced by

the groups.” “This will eventually lead to a trusting relationship (fiduciary) and can form high

helping hands through these relationships.”

In an age when marketing success can hinge on a business’s ability to quickly react to and

pivot strategy around trends in real-time, the COVID-19 outbreak is changing consumer

behavior.10

“Just as CEOs are adjusting business travel policies and IT professionals are

preparing networks for an influx of work-from-home traffic, marketing teams are also

preparing for changes. CSR are bringing up new techniques to help the below poverty line

beings, who are most disturbed because of this disastrous pandemic”. For example, Steel

7 MCA circular, Schedule 7 of the Companies Act, 2013

8 “What CSR has to say about corona virus” by Paolo D’ Anselmi

9 Keinert, 2008

10 Kimberly Dutcher, COVID-19 and corporate social responsibility in search engine marketing;

https://searchengineland.com/covid-19-and-corporate-social-responsibility-in-search-engine-marketing-330713

Last accessed on 28th June,2020



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Authority of India Ltd. (SAIL) and its CSR committee once again have proved an asset for its

Nation by providing aid in the form of distribution of rations to the poor people, masks and

sanitized products that can be useful for the society. “The ways that companies respond now

to the range of Responsible Business Conduct (RBC) issues in the crisis will have lasting

repercussions for their balance sheets and productivity during the recovery period”.11

“Companies are taking proactive steps to address the risks related to the COVID-19 crisis in a

way that mitigates adverse impacts on workers and supply chains are likely to build more

long-term value and resilience, improving their viability in the short term and their prospects

for recovery in the medium to long term”.

“The Indian CSR regime is at the right cusp of defining and adjusting to make the CSR

policies of corporate houses more impactful towards the constant social, political, economic

and environmental vicissitudes”.12

“Corporate and CSR bodies irrespective of whatsoever the

build in sector it is, the responsibility towards the society is binding and in this world-wide

problematic situation, these communities can be tested in a positive manner”.

“Government bodies and the public sector are keeping an eye on all the possible outcomes

that can be a crunch to the effective way of handling the problem and upraising the society”.

“But, private sector companies are not falling back. Competitive market and society

importance have made them to stand tall in this situation”. “By getting the private sector

involved more deeply, it is possible to hope that much needed relief can be brought to

affected people and parts of India”. The need of the hour is all hands and resources on deck to

fight this.13

11

Covid-19 and Business Responsible Conduct

12 Social Responsibility during social distancing by Rajashree Devchoudhury

13 Rishabh Shroff, Partner, Cyril Amarchand Mangaldas



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CHAPTER -2

EFFECT OF CSR ON PREVIOUS PANDEMIC

Doctors and Activists have always played from front foot when the Nation or the world over

fights the disease or a pandemic. “But, the knowledge of fact is the corporate and the

Chambers of its responsibility towards the society have acted as the silent luminary”. Covid-

19 is not “the only problem that has been faced by the world, every year pandemics gaze at

the doorsteps of the Nations.” Companies like Johnson & Johnson has a proved history of

being committed to caring for people and a good example of a company with a long history

of citizenship and sustainability when any situation like pandemic occurred.14

“Disease like

HIV –AIDS have been in the hit list of the global tension”. “Many National or the local

companies along with the international organisations and the CSR oriented corporate have

been marching in the field of helping the society”.

TATA and SAIL have been the prominent companies who are battling with the diseases to

aid the society. “These corporations are just like the old vintage wines, having the position

strong and knowing the society intensively, which is causing them to address the pandemics

with better determination and reality”. Johnson & Johnson in “collaboration with or in

support with AmeriCares an International NGO whose main objective is maximizing the

health bar and disaster relief, working for the vulnerable women, children and minor groups”.

Products such as sutures and pain killers are distributed to these sections at minimum or no-

cost.15

“Not just at a particular state but Johnson & Johnson are widening the roots at every

corner of the world”. In Nigeria, Johnson & Johnson started a new partnership with UNIFEM

(United Nations Development Fund for Women) “for tackling the problem and issues related

to violence on the ground of gender and colour and mostly transferable diseases such as

HIV/AIIDS”. This partnership mainly aimed at providing and sanctioning awards for the

CBOs and the CSRs so as to strengthen the grip with the highlighted issues in the list build

up by the created partnership.

The government owned corporations have made their mark on the pebbles of providing

welfare to the community, nevertheless private companies and their CSR philanthropies have

made an immense contribution in the form of the Corporate Social Responsibility for charity

14

Vijay Kumar Chattu, Corporate social responsibility in public health: A case-study on HIV/AIDS epidemic by

Johnson & Johnson company in Africa, Journal of Natural Science, Biology and medicine

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4367042/ , Last access on 26th

June,2020

15 Report 2010:5 – 35, J&J



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during the face of disease and national/ international outbreak of fear in various forms

ranging from cash to services. Corporate Social Responsibility through various companies

has achieved an increase in access to the Medicines and drugs for the world-wide diseases at

the conceptual as well as implementation levels. As the burden of the Earth suffering from

known to unknown diseases that has made a shift from acute to the chronic diseases. The

strategies and policies lay down under the CSR guidelines to the business revenues and

sustained by the private sector companies are and in future also could provide the long term

access to medicines and drugs.16

“Back in 2016-17, the Karnataka state government requested the IT companies to make

contributions in the CSR treasury so as to keep a safe of valid responsibilities when at any

point of time, the society connected with the companies can take the advantage of these funds

during the disaster or the disease”. It has been a point of fact that after the immense

problematic situation during the outbreak of swine flu, “the Indian based companies and also

the Global Corporations, the CSR community have become so active that at regular intervals

the regulatory body are keeping a check on these bodies.” Companies at that particular time

have helped individual patients by financing their treatments through patient adoption

programmes.17

“Companies have also involved their employees by requesting them to make

contributions for the treatment of the patients or for providing necessary amenities to those

who are in need of it.”

“CSR community and the allocated funds have proved to be one of the beneficiaries for

treatment of the known and unknown diseases, along with it providing of aid to those who are

suppressed in several pandemics”.

16

https://linl.springer.com/chapter/10.1057/9781137266200_4

17 Reliance Industries



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CHAPTER -3

HOW COMPANIES ALL OVER THE WORLD INVESTING THE CSR FUND IN

COVID-19 RELIEF: A COMPARATIVE STUDY

Corporate social responsibility includes incurring of expenses towards generating positive

socio-environmental externalities as opposed to profit maximization. “CSR thus is a concept

rooted in ethics and may include corporate philanthropy, community volunteering,

responsible business practices, ethical labour practices etc”. As COVID-19 spreading all over

the world all sectors are being modified. The dramatic spread of COVID-19 has disrupted

lives, livelihoods, communities and businesses worldwide. “Organizations around the world,

including the Forum and its partners, are coming together and innovating to minimize the

impact on public health and to limit disruptions to economies and supply chains”. Due to

continuous lockdown going on throughout the world the economic activities are being

obstructed. Countries are introducing several financial policies to boost up the economy.

“Apart from that also the companies are also launching several facilities, packages and

insurances for their employees and several stakeholders to make sure about their well being

and securing healthy work environment”.

Covid-19 poses challenges to firms and organizations with regard to CSR. “It has been

reported that some firms/retailers have tried to profiteering from this crisis”. In order to curb

the potential wide spreading of profiteering, in the UK for example its competition watchdog,

the Competition and Markets Authority (CMA), set up a special taskforce to crack down on

companies profiting from the pandemic by inflating prices or making misleading claims

about products. “Inevitably this crisis has put companies under test for its commitment to

ethical business conduct” and CSR. “Some may argue that the financial strains, both short-

term and long term, caused by the outbreak could significantly pushed firms to pursue short-

term gains, sometimes even through fraud and misconduct, and reduce long-term CSR

investment, probably due to lack of slack resources and mounting pressure for survival”.18

Covid-19 pandemic offers great opportunities for companies to actively engage with their

CSR strategies and agendas. “The current pandemic offers a wide range of significant

opportunities to those with a more mindful and acumen approach to CSR.” For example, UK

manufacturing companies transformed their factories to produce ventilators, personal

protective equipment, hand sanitizer, and so on, with some of them donating, instead of

selling, these products. “Telecommunications giant Vodafone introduced free access to

18

Hongwei He and Lloyd Harris , The impact of Covid-19 pandemic on corporate social responsibility and

marketing philosophy,



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unlimited mobile data for many of its pay monthly customers and upgraded its vulnerable pay

monthly customers to unlimited data offer for free”. Supermarkets in the UK have allocated

opening hours specifically for the elderly and NHS workers, and donated Easter eggs and

general food to food banks and charitable organizations. “The UK tea brand PG tips partnered

with Re-engage (a charitable organization aiming to tackle the issues of social isolation and

loneliness for older people) to train volunteers to call the oldest in the UK during the

lockdown”. Companies donated their original commercial campaign airtime to promote good

causes. Banks waived interest on overdrafts over a period of time. “A firm’s genuine and

authentic CSR will build stronger rapport among its customers and the general public, as they

have built up strong expectation from leading brands, particularly their favourable brands,

during the current crisis with regard to their efforts in combating the virus”. Consumers

would feel proud of their brands helping their employees, donating money and equipment

during the crisis. “The bond established between the brand and consumer during this crisis

era can be more meaningful and lasting than during “peaceful” times”. Therefore, Covid-19

pandemic offers great opportunities for companies to actively engage with their CSR

strategies and agendas.19

In Russia, the technology company Yandex - a Member of the World Economic Forum - is

making this process easier. Beginning with elderly people in Moscow, Yandex is enabling

COVID-19 testing to take place at home.

Individuals “confirm an appointment through an online portal, then a medical professional

wearing protective gear will arrive at the person's address in a car provided by Yandex”.

“They will take a nose or mouth swab and securely pack the sample”. The analysis will then

take place “in a partner laboratory, and at-risk residents will receive the result via email in

one to three days following the test”.20

“However, the pandemic has pushed many firms out of business, and if not to the brink of

collapse.” “It is becoming even more important to understand what drives some firms to be

more ethical and socially responsible, particularly when resources are restricted and survival

is under threat”.

19

Supra note 1 20

Katie Clift and Alexander Court, How are companies responding to the coronavirus crisis? ;World economic

forum; Published on 23rd

march,2020; https://www.weforum.org/agenda/2020/03/how-are-companies-

responding-to-the-coronavirus-crisis-d15bed6137/



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“The companies of United States of America are making CSR to boost corporate immunity

by building good relationship with the stakeholders”. The corporation is a nexus of contracts

between shareholders and other stakeholders, including workers, suppliers, customers, and

communities. “Firms are strengthening their connections with these stakeholders through

CSR activities, such as creating safe workplaces, engaging in ethical business practices,

providing enduring, reliable services to customers, and investing in the local environment and

community.” “Such CSR activities build loyalty and signal a firm’s commitment to satisfying

implicit contracts, which in turn boosts stakeholders’ willingness to make adjustments to

support the business during times of duress.”

By the end of 2020’s first quarter, the world’s economy rapidly shifted from growing to

preserving business. “Keeping employees safe, rapidly retooling resources toward the global

fight against the pandemic, and preserving core operations appropriately captured the full

bandwidth of corporate leaders.” Yet, despite these challenges, CSR will advance in 2020,

even if it takes a different course than anticipated. “If 2019 was a year of a renewed focus on

CSR, 2020 will be a year of redirecting CSR initiatives, with 2021 and beyond resetting the

future of CSR”.21

The private sector has worked closely with the government and played a critical role in

reducing the spread of the virus in the UAE. For instance, the major global port operator,

Gulftainer, which is a subsidiary of World Economic Forum Partner Crescent Enterprises, has

launched a fast-track service to speed up the delivery of medical equipment.22

In the other side when countries like India has made the CSR mandatory. The amount of

corporate tax has also been decreased from 30% to 22%. The government is likely to give the

companies broader scope to expand the CSR activities. During such epidemic when the

economy of the country is falling apart the Ministry of Corporate affairs has taken some

remarkable steps. “The Government of India is also inspiring the companies to provide social

support in this age of covid-19”. As per report of the Ministry of Corporate Affairs dated

March 23, 2020, all expenditures incurred on activities related to covid-19, will be added as

21

Roger Martella, Corporate social responsibility in an era of COVID-19, American Bar Association, Published

on May 07,2020;

https://www.americanbar.org/groups/environment_energy_resources/publications/trends/2019-2020/may-june-

2020/corporate-social-responsibility/

22 Supra note 3



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the permissible avenues for CSR expenditure.23

No doubt, CSR activities are intended for the

general public, but it starts firstly from the employees of the companies. “Right now, most of

the companies have taken precautionary measures for most of their employees to Work from

Home and also Use masks and Washing hands with sanitizers frequently for those working

under emergency duty”.

Apart from that, “certain blue chip companies have also extended their hands to combat

against pandemic COVID-19”. “Companies like Infosys Foundation provide Rs 50 cr. to PM

CARES Fund”. It also contributes additional Rs 500 cr. to be utilised for providing testing

kits, masks, ventilators, food and nutrition to the poor persons. “It also joined hands with

Narayana Hospitals to provide 100 beds quarantine facility”. Reliance Industries Ltd.

provides the first 100 bed covid-19 hospital, 50 lakh free meals, one lakh masks, free fuel for

emergency vehicles, daily wise 1000 PPE for health care workers. It also provides Rs 500 cr.

to PM CARES fund. Some of the Indian companies like TCS expanding their hands to

provide easier online education and e-learning methods through their software for poor

children.24

“This pandemic offers great opportunities for firms to actively engage in various CSR

initiatives during the crisis, and potentially catalyse a new era of CSR development in the

long run”. For consumers, ethical dimension of consumer decision has become salient during

the pandemic, which is also likely to shift consumers towards more responsible and prosocial

consumption. “Such changes seem likely to be mirrored by firms and organizations.”

Fundamental changes to our lives will affect our beliefs, attitudes, and opinions so that astute

marketers will adapt their policies and strategies to reflect.” Will there be a long-standing

resurgence in the social marketing concept and more responsible business orientations? We

hope so. “Whatever the changes in seems highly likely that the ways marketing has operated

in the past will need to change and will do to meet the new reality.”

23

Corporate Social Responsibility in times of Covid-19 pandemic, Economic Times, Published On May

16,2020 https://government.economictimes.indiatimes.com/news/economy/corporate-social-responsibility-in-

times-of-covid-19-pandemic/75771467

24 Id.



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CONCLUSION

This pandemic offers great 0pportunities f0r firms to actively engage in vari0us CSR

initiatives during the crisis and p0tentially catalyze a new era of CSR devel0pment in the

l0ng run. F0r c0nsumers, ethical dimensi0n of c0nsumer decision has bec0me salient during

the pandemic, which is als0 likely t0 shift c0nsumers t0wards m0re resp0nsible and

pr0social c0nsumption. Such changes seem likely t0 be mirr0red by firms and 0rganizations.

Fundamental changes t0 0ur lives will affect 0ur beliefs, attitudes, and 0pinions s0 that astute

marketers will adapt their p0licies and strategies t0 reflect.

While the COVID-19 pandemic may have temporarily redirected 2019’s CSR foundations,

the lessons learned will inspire greater momentum toward realizing new goals with diverse

stakeholders perhaps sooner than otherwise would have happened.

First, “the pandemic “reinforces the most pressing CSR focus: that we operate in a globally

connected world—economically and ecologically—with shared challenges”. “While we will

succeed in fighting COVID-19, other global challenges such as climate change, access to

water, creating a circular economy, labor conditions, and human rights will continue at the

forefront of global issues in need of coordinated action”. Second, “the corporate pandemic

response will reinforce the growing CSR trend to focus not only on company impacts to

communities, but also on the opportunities that companies have to solve broader problems”.

Early into addressing the COVID-19 pandemic, companies already demonstrated their

willingness and ability to tackle global challenges in the toughest of times. We will learn

from these lessons in developing pragmatic solutions to other tenacious global challenges.

Third, “while 2020 will bring some pause to efforts to elevate voluntary CSR topics toward

mandatory requirements, 2019’s momentum will continue after the pandemic is addressed

and business as usual returns.” At that point, “the business sector can build upon its success

in protecting employees, creating solutions to solve the pandemic and protect communities,

and strengthening performance to apply those lessons to develop collaborative solutions to

meet the global challenges ahead.”


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