Tata Consultancy Services (TCS) failed in its employer obligations under the POSH Act and must face strict action, as per the National Commission for Women (NCW) in its report following an investigation into the Nashik sexual harassment case.
“There was zero compliance of the POSH Act. 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 in the present case 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,” said the NCW in its 50-age report, submitted to Chief Minister Devendra Fadnavis on May 8.
As per the report, TCS failed on multiple obligations particularly showing “no expression of empathy or sympathy” when approaching the aggrieved women at the Nashik office.
“The committee was shocked at the insensitivity demonstrated by the members of the POSH committee/ IC Committee of TCS. They had utterly failed for noncompliance with the mandate of section 19(C) of the POSH Act,” said the NCW referring to the provision that mandates employees to create a safe working environment and orientation of IC members.
It also viewed the common IC under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) for both Pune and Nasik offices as a “direct contravention of the Act.”
“Not a single IC member had ever visited or inspected the Nashik unit for POSH Act compliance,” said the NCW, adding that the Nashik office did not provide any readily available information on boards regarding POSH mandates or contact details of the IC Committee. Further, the NCW also raised concern about absence of a redressal mechanism for employees.
In terms of recommednations, NCW asked that authorities take strict action in terms of the POSH failures and ensure an effective Human Resources mechanism and grievance redressal system at every workplace unit. It also asked that “the registration of FIRs and recourse to criminal law does not override or suspend the obligation of the employer under the POSH Act, 2013 and those remedies under the POSH Act and criminal law operate simultaneously.’
Regarding the complainants, the NCW asked that the police protect them and witnesses from undue media intrusion and anti-social elements. Further, it asked that the accused be charged for abuse of authority to induce or seduce or coerce a woman on top of other charges already filed.
Last month, the Nashik police received nine FIRs from TCS employees alleging sexual assault, harassment, injury to religious sentiment and coercion over a period of four years from July 2022 to March 2026. One survivor also alleged false promises of marriage by one of the accused. Another complaint mentioned that aggrieved employees had approached accused Ashwini Chainani with their complaints but the accused were let go after a verbal warning.