NCW panel flags sexual abuse, toxic culture at TCS Nashik; says office ‘utterly failed’ to comply with mandate

PUNE: A fact-finding committee appointed by the National Commission for Women (NCW) has found "pervasive sexual harassment, abuse of authority, religious intimidation, systemic bullying and zero compliance with the Posh Act" at the Tata Consultancy Services (TCS) Nashik office.

The NCW constituted the panel after taking suo motu cognisance of complaints of sexual harassment filed by eight women employees at the TCS Nashik office.





The committee, comprising Justice Sadhana Jadhav, former Haryana director general of police BK Sinha, Supreme Court advocate Monika Arora, and NCW senior coordinator Lilabati, visited Nashik on April 18 and 19. The panel interacted with complainants, members of the Posh (Sexual Harassment of Women at Workplace Act, 2013) Internal Committee (IC), police officers and other witnesses before submitting a 50-page report with recommendations to chief minister Devendra Fadnavis on May 8.

NCW chairperson Vijaya Rahatkar told TOI on Monday, "The allegations in the TCS case included reported lapses in grievance redressal and concerns regarding the effective implementation of the Posh mechanism. Every institution must ensure a robust internal committee, timely redressal of complaints, transparency, sensitivity and strict accountability at every level."

The panel said it was "shocked at the insensitivity" demonstrated by members of the Posh Internal Committee and observed that they had "utterly failed" to comply with the mandate under Section 19(c) of the Act.

"There was no expression of empathy or sympathy for the female employees at TCS Nashik," the report stated.

One of the key findings of the report was that a common Internal Committee served both the TCS Pune and Nashik offices, which the panel termed a "direct contravention" of the law.

"Not a single IC member had ever visited or inspected the Nashik office for Posh compliance," the report stated.

The report further noted the absence of basic Posh compliance measures at the office.

"There were no placards, posters or boards displaying the mandate of Posh compliance at the Nashik office. There was no display board carrying the names or contact details of IC members and no material informing employees about the consequences or penalties for non-compliance under Section 19 of the Posh Act, which mandates employer duties to ensure a safe, harassment-free workplace; nor were there any awareness programmes for employees or orientation programmes for IC members," the report stated.

The committee observed that the organisation's inaction reflected not merely a "compliance deficit" but also a "governance deficit". It stated the IC had "miserably failed" to provide a safe mechanism for employees at the workplace and added that such failures "shall be aggressively punished to set an example".

According to the report, the committee found a "deeply disturbing and toxic workplace environment" marked by "pervasive sexual harassment and abuse of authority".

The report alleged that the accused persons had "assumed effective control" of the Nashik office and allegedly targeted "young and vulnerable girls". The committee observed that women employees were subjected to sexual, emotional and mental harassment, and that complainants had faced sexual harassment and attempted molestation at the hands of the accused.

The panel also recorded allegations of religion-based harassment and intimidation. According to the report, complainants and other women employees faced "religious insults" at the workplace. It also alleged that the accused belittled the Hindu faith and created a coercive atmosphere through repeated anti-religious remarks directed at women employees.

Calling it a "typical case of sexual harassment at the workplace", the committee said the matter involved bullying, stalking and demeaning conduct through actions, comments and behavioural patterns that left women employees feeling humiliated and disrespected.

The committee observed that many women employees wished to lodge complaints but refrained from doing so due to fear, social pressure and concerns about stigma affecting their families. It also noted the "complete absence of any formal complaint mechanism and trustworthy environment".

According to the panel, employees feared professional repercussions, including transfers and termination, if they spoke up.

The report clarified that the registration of FIRs and recourse to criminal law do not override or suspend employers' obligations under the Posh Act, adding that remedies under criminal law and the Act operate simultaneously.

The committee also said it had advised police officials to invoke provisions of the Witness Protection Scheme, 2017, to safeguard complainants and co-worker witnesses.

The panel further opined that, apart from charges already invoked by police, the accused could also face charges under Section 68(a) of the Bharatiya Nyaya Sanhita (BNS). It stated that the facts prima facie indicated abuse of authority to induce or seduce a woman either while she was under the custody or supervision of the accused or while present on the premises, to engage in sexual intercourse.

The NCW said it has recommended that the authorities concerned and TCS management take appropriate action and ensure strict compliance with statutory safeguards for the protection, dignity and safety of women employees at workplaces.