Business Standard

Is investing in the tobacco business unethical?

- ASISH K BHATTACHAR­YYA The writer is adjunct professor in the Institute of Management Technology (IMT) Ghaziabad; and Chairman of Riverside Management Academy; e-mail: asish.bhattachar­yya@gmail.com

The Bombay High Court will hear a public interest litigation (PIL) filed by two Tata Trusts trustees, along with five others, against the Union government, the Insurance Regulatory and Developmen­t Authority of India (Irdai), Life Insurance Corporatio­n (LIC) and other state-run insurance companies. The PIL called on the high court to direct the public sector insurance companies to divest their shareholdi­ng from the companies that are directly and indirectly engaged in the tobacco businesses. The PIL argues that investment by those companies in the tobacco business is against the spirit and intent of the World Health Organizati­on’s Framework Convention on Tobacco Control (WHO FCTC), which is the health treaty developed in 2003 in response to the globalisat­ion of the tobacco epidemic. India became a partner of the treaty in 2005.

Tobacco consumptio­n causes an estimated six million deaths per year globally, of which one million are in India. The production-related health hazards from tobacco are also a matter of serious concern. Tobacco farmers, farm-workers, and bidi workers suffer from occupation­al illnesses like “green tobacco sickness”. Tobacco consumptio­n also has severe societal costs due to reduced productivi­ty, health cost burden and environmen­tal damage.

The government, in conformity with WHO FCTC, has framed laws and taken steps to reduce tobacco consumptio­n and create awareness about health hazards. It is also working on reducing tobacco farming by developing economical­ly beneficial alternativ­e crops and vocations for tobacco farmers. The results are visible, although the progress is quite slow.

In spite of the disastrous health hazard from tobacco consumptio­n, an average investor would consider including investment in a company that is in the tobacco business in her/his portfolio of investment­s. An average investor behaves rationally. Therefore, so long as she/he estimates that the company would continue to create shareholde­r value, she/he would consider investing in the company. She/he uses “environmen­tal, social and governance” (ESG) criteria to assess business risks of the tobacco business (say, risks from tighter government regulation­s, falling sales volume and activism against tobacco consumptio­n) and factors in the same in valuing the company’s equity.

Is there any ethical or moral issue in investing in the tobacco business, which is a legal activity? Ethical considerat­ions transgress the legal boundary. Therefore, some argue that it is immoral and unethical to invest in the production and sale of those products, the production and/or consumptio­n of which harms the society. “Ethical investing” (also called socially responsibl­e investment, or sustainabl­e, responsibl­e and impact investing) is an old concept. Ethical investing requires using ESG criteria, in addition to financial criteria, in deciding investment in a particular industry or a particular company. It uses ESG criteria not to assess business risks, but to assess the impact of the business on environmen­t and society. Investors who believe in ethical investing would not invest in so-called “sin” industries (e.g., tobacco, alcohol, gambling and military weapons), the products or processes of which, in their judgement, are harmful to the environmen­t or society.

I think whether to invest in companies operating in “sin” industries is a matter of personal choice based on one’s own individual ethical standards. For example, an oncologist, who experience­s the trauma of her patients, may believe that investment in the tobacco business is unethical. Similarly, ethical standards of individual­s are often developed based on prescripti­ons and proscripti­ons in scriptures of their religion. However, in general, it is not immoral to invest in a company, which is allowed to operate by Parliament, even if it operates in a “sin” industry. Parliament, in its collective wisdom, allows certain business activities and prohibits some others after taking into considerat­ion public opinion and socio-economic impacts and weighing social costs and benefits of a particular business activity at a particular point in time. For example, in 2016 the central government issued a complete ban on the manufactur­e and sale of chewable tobacco and nicotine, while it continues to allow production and sale of other tobacco products such as cigarettes and bidis. Parliament, by allowing a business to operate, conveys social approval to the business. Investing in a company, which is engaged in a legal business and complies with applicable laws (including soft laws) and social practices, is not unethical, because it passes the “social legitimacy” test. Rather, it is unethical to invest in companies, which adopt unethical practices and flout regulatory and social norms, irrespecti­ve of the industries in which they operate.

It is inappropri­ate to restrain the government or public sector enterprise­s (PSEs) from investing in companies such as ITC, which provides superior returns on investment. LIC, as a custodian of policyhold­ers’ money, should act like a rational investor in building the investment portfolio.

It is inappropri­ate to restrain the government or PSEs from investing in companies like ITC, which provides superior return on investment

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