The National Commission for Women (NCW) has flagged “pervasive sexual harassment”, “systemic bullying” and “zero compliance” with the POSH Act at the Nashik unit of Tata Consultancy Services (TCS), according to a fact-finding report submitted to the Maharashtra government, reported PTI.
The commission said it had taken suo motu cognisance of complaints from women employees at the TCS Nashik office following serious allegations and constituted a fact-finding committee under NCW Chairperson Vijaya Rahatkar.
The committee comprised retired Bombay High Court judge Justice Sadhna Jadhav, former Haryana DGP B K Sinha, Supreme Court advocate Monika Arora and NCW senior coordinator Lilabati, which visited Nashik on April 18 and 19. It interacted with victims, members of the POSH Internal Committee (IC), police officials and other witnesses, and submitted a detailed report of over 50 pages with more than 25 recommendations, PTI reported.
The report was submitted to Maharashtra Chief Minister Devendra Fadnavis on May 8.
According to the findings, the committee observed a “deeply disturbing and toxic workplace environment” marked by “pervasive sexual harassment” and alleged abuse of authority.
It stated that “the accused persons had assumed effective control of the TCS, Nashik. They used to target young and vulnerable girls, and harassed them sexually, emotionally and mentally,” adding that complainants had faced sexual harassment and alleged attempts of molestation.
The panel also noted allegations that women employees were subjected to religious insults and “anti-Hindu commentary” at the workplace.
“The accused used to bully female employees by denigrating Hindu mythology, beliefs, traditions and practices and by impressing upon the girls that Islam was a far superior religion to Hinduism,” the report said.
PTI stated that the report further alleged that a coercive environment was created through repeated “anti-religious commentary”, particularly impacting younger employees, and described the situation as “a typical case of sexual harassment at the workplace”, reported .
The committee said women employees were subjected to bullying, stalking and demeaning conduct that led to humiliation and sustained mental harassment. It also noted that several employees feared retaliation, transfers or termination if they raised complaints.
The report alleged that the Nashik office was effectively controlled by individuals identified as Danish, Tausif and Raza Memon, with Ashwini Chainani named as having “through her silence and insensitivity” allegedly endorsed the conduct.
It further said “no employee had the courage to raise their voice”, citing fear of professional consequences.
On infrastructure and compliance, the committee flagged serious lapses including non-functional CCTV cameras and what it described as “zero compliance” with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), reported PTI.
It noted that the Internal Committee for Pune and Nashik offices was common, which it said violated legal requirements, and that there was no awareness programme, orientation, or visible POSH-related communication at the Nashik unit.
“No awareness programmes for employees and no orientation programs for IC members” were conducted, the report said, adding there was “zero compliance of the POSH Act.”
The committee also expressed concern over the functioning of the Internal Committee, stating there was “no expression of empathy or sympathy for the female employees at TCS Nasik” and highlighting failures under Section 19(C) of the POSH Act, reported PTI.
Calling it not just a compliance lapse but a “governance deficit”, the panel recommended strict enforcement of Sections 19, 25 and 26 of the POSH Act, along with stronger grievance redressal systems and workplace safeguards.
It also stressed protection for complainants, stating that “lodging a complaint should not impact their jobs or service conditions”, and called for witness protection measures under the Witness Protection Act, 2017.
The report suggested possible legal provisions under the Bharatiya Nyaya Sanhita (BNS), including Sections 75, 78, 79, 299 and 68(a), noting that Section 299 penalises deliberate acts intended to outrage religious feelings, reported PTI.
It further recommended preventive oversight mechanisms, regular monitoring of workplace safety systems including CCTV functioning, and ensured supervision so that complainants are not subjected to intimidation or interference.
The NCW has urged authorities and TCS management to take appropriate action and ensure strict compliance with legal safeguards for the dignity, safety and protection of women employees, reported PTI.
Meanwhile, a Nashik court on Monday remanded TCS sexual harassment and alleged forced conversion case accused Nida Khan to judicial custody till May 24, according to PTI.
Khan was produced before the court of Additional Sessions Judge K G Joshi after her police custody ended earlier in the day. She was arrested on May 7 from Chhatrapati Sambhajinagar after being on the run since the case surfaced following complaints from employees of the IT major’s Nashik unit, police said, reported PTI.
As the police did not seek further custody during the hearing, the court sent her to judicial custody. She is currently lodged at Nashik Road Central Jail, reported.
Khan, who is pregnant, has been booked under provisions of the Bharatiya Nyaya Sanhita (BNS) for sexual harassment and defamation, along with provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, after the complainant, a Scheduled Caste woman, alleged attempts at coercion and forced religious conversion, reported PTI.
The Special Investigation Team (SIT) is probing nine FIRs in the matter, including one registered at Deolali Camp police station and eight at Mumbai Naka police station.
The complainants have alleged exploitation, attempted forced conversion, molestation, mental harassment, and hurting of religious sentiments, officials said, reported PTI.
Khan had earlier approached the sessions court seeking anticipatory bail after her name appeared in a Deolali Camp FIR, claiming innocence and citing her pregnancy. However, the plea was rejected on May 2, with the court observing that there appeared to be a “systematic plan” of influencing the complainant, reported PTI.
(With inputs from PTI)