HUMAN RIGHTS DUE DILIGENCE GAPS IN CRITICAL MINERAL SUPPLY CHAINS FOR THE GREEN ENERGY TRANSITION

India’s project of transitioning towards green energy is a mineral intensive project, with most green energy technology such as solar panels and wind turbines being dependant on important minerals, such as cobalt, nickel, lithium, processed silicon and rare earth elements. However, despite the significant part the mineral supply chain plays in this process, the same is exposed to a high-risk possibility of human rights issues. These range from child labour, to unsafe working conditions, land dispossession, weak consent processes for indigenous and local communities. This is primarily due to the lack of a mandatory, comprehensive human rights due diligence legislation to prevent, mitigate and remedy these particular industry related harms. Indias current policy is a mix on the basis of ESG based mining rules launched by the National Critical Mineral Mission. This leaves significant gaps in terms of Human Rights Due Diligence regulations, in the midst of rapid growth and demand for minerals. A phased, risk-based framework, framed in parallel with global standards and domestic requirements and ground realities. This framework must identify and prevent human right harms that occur in the sector.