‘Zero compliance with POSH Act’: Women’s panel files scathing report in TCS case

The Commission said the inquiry culminated in a report exceeding 50 pages with over 25 recommendations, which was submitted to the Chief Minister on May 8.

According to the report, the committee observed a “deeply disturbing and toxic workplace environment” marked by sexual harassment, abuse of authority and sustained mental harassment of women employees.

“The accused persons had assumed effective control of the TCS, Nashik. They used to target young and vulnerable girls,” the NCW said in the statement, adding that complainants had allegedly faced sexual, emotional and mental harassment, including alleged molestation attempts.

The report alleged that women employees were subjected to repeated religious insults and anti-religious comments at the workplace. According to the committee, the accused allegedly denigrated Hindu mythology, beliefs, traditions and practices and attempted to portray Islam as “a far superior religion to Hinduism”.

Multiple people have been arrested in the Nashik TCS case so far. (Express Photo)

The committee further described the case as one involving “systemic bullying”, including stalking, humiliating conduct, demeaning comments and behavioural patterns which caused female employees to feel humiliated and disrespected. The report stated that women employees faced sustained mental harassment at the workplace.

According to the findings, many women employees wished to lodge complaints, but were unable to do so due to fear, social stigma, and the absence of a trustworthy complaint mechanism and environment. The report stated that employees feared exposing their families to social stigma and also feared professional repercussions.

The NCW report further said the Nashik office was effectively controlled by the accused persons identified as Danish, Tausif and Raza Memon, who were allegedly protected by senior official Ashwini Chainani. The committee observed that no employee had the courage to raise complaints and that those who did so feared adverse professional consequences, including transfers and termination. It further stated that Chainani’s “silence and insensitivity” had effectively endorsed the alleged acts of the accused.

The committee also noted that younger employees, particularly from Gen Z, appeared especially vulnerable to the alleged anti-religious comments and workplace pressure.

Among the security lapses flagged in the report was the alleged lack of CCTV systems at the office. The committee observed that although CCTV cameras had been installed, they were found to be non-functional.

The report also flagged what it termed “zero compliance” with provisions of the POSH Act.

According to the findings, the Internal Committee under the POSH Act was a common committee for both Pune and Nashik offices, which the committee said was in direct contravention of the law. It further observed that not a single Internal Committee member had visited nor inspected the Nashik office for POSH compliance.

The report stated that there were no placards, boards or posters at the Nashik office displaying POSH compliance mandates, details and contact information of Internal Committee members, or penalties for non-compliance under Section 19 of the POSH Act. It also noted the absence of awareness programmes for employees and orientation programmes for Internal Committee members. “There was no board displaying the members or their contact details of the IC Committee. There was no iota of any material to inform the employees about the consequences or penalties for noncompliance with Section 19 of the POSH Act. No awareness programmes for employees and no orientation programmes for IC members. In short, there was zero compliance with the POSH Act,” the report stated.

It added, “The committee was shocked at the insensitivity demonstrated by the members of the POSH committee/ IC Committee of TCS.”

“There was no expression of empathy or sympathy for the female employees at TCS Nasik. It is more than clear that this inaction on the part of the organization was not just a compliance deficit but was a governance deficit as well. The Internal committee has miserably failed to make available any safety mechanism for the employees at the workplace. The failure to do so shall be aggressively punished to set an example,” it said.

Among its recommendations, the NCW called for strict compliance with Sections 19, 25 and 26 of the POSH Act and stated that failure to comply should invite strict action. It also recommended mandatory preventive and prohibitory mechanisms against workplace sexual harassment and said Internal Committees should function proactively rather than merely as formal structures.

The committee further recommended effective human resources and grievance redressal mechanisms at every workplace unit and safeguards to ensure that filing complaints does not adversely affect the employment of complainants and that their services are protected against all odds.

The panel also sought periodic monitoring and supervision of workplace safety mechanisms, including proper functioning CCTV systems.

The committee stated that it had advised police authorities to invoke provisions of the Witness Protection Act, 2017, to protect complainants and co-employee witnesses in the present case. It also directed police to protect them from undue media intrusion and provide adequate protection from anti-social elements.

The NCW committee further recommended that the accused be prosecuted under Sections 75, 78, 79 and 299 of the Bharatiya Nyaya Sanhita (BNS). “Section 299 penalises deliberate and malicious acts intended to outrage religious feelings by insulting religion or religious beliefs. In the opinion of the Committee, the accused deserved to be charge-sheeted under Section 68(a) of the BNS, as there was a clear abuse of authority to induce or seduce a woman – either in their custody, under their charge, or present on the premises – to have sexual intercourse with him,” the committee said.

The report further recommended that proper care should be taken to ensure the accused do not attempt to act in defiance or interfere with the liberty, autonomy and regular professional functioning of complainants.
The NCW said it has recommended that the authorities concerned and the management of Tata Consultancy Services take appropriate action and ensure strict compliance with statutory safeguards for the dignity, safety and protection of women employees at the workplace.