New Delhi, May 11 (PTI): The National Commission for Women has found “pervasive sexual harassment”, “systemic bullying” and “zero compliance” with the POSH Act at the Nashik unit of Tata Consultancy Services, according to a fact-finding report submitted to the Maharashtra government.
The Commission on Monday said it had taken suo motu cognisance of complaints arising out of the TCS Nashik office following serious allegations made by several women employees.
Under the directions of National Commission for Women (NCW) Chairperson Vijaya Rahatkar, a fact-finding committee comprising retired Bombay High Court judge Justice Sadhna Jadhav, former Haryana DGP B K Sinha, Supreme Court advocate Monika Arora and NCW senior coordinator Lilabati visited Nashik on April 18 and 19.
The committee interacted with the victims, members of the POSH internal committee (IC), police officers and other witnesses and prepared a report of more than 50 pages containing observations and more than 25 recommendations.
The report was submitted to Maharashtra Chief Minister Devendra Fadnavis on May 8.
According to the report, the committee found a “deeply disturbing and toxic workplace environment” marked by “pervasive sexual harassment” and “abuse of authority” at the workplace.
“The accused persons had assumed effective control of the Tata Consultancy Services (TCS), Nashik. They used to target young and vulnerable girls, and harassed them sexually, emotionally and mentally,” the report said, adding that the complainants had faced sexual harassment and attempts of molestation.
After media reports on NCW’s findings were published, highly placed sources at TCS refuted the claims and said it would approach the women’s body separately to present its side of the case.
The NCW committee also alleged that female 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,” it said.
The accused indulged in degrading and belittling the Hindu faith and created a coercive atmosphere through repeated anti-religious commentary directed at women employees, it added.
Describing it as a “typical case of sexual harassment at the workplace”, the committee said women employees were subjected to bullying, stalking and demeaning conduct that caused humiliation and sustained mental harassment.
The report noted that several women employees wished to lodge complaints but refrained from doing so due to fear, social stigma and the absence of any formal complaint mechanism and a trustworthy environment.
It also alleged that the Nashik office of TCS was effectively controlled by the accused persons identified as Danish, Tausif and Raza Memon, who were protected by Ashwini Chainani.
“No employee dared to raise their voice, and those who did faced fear of professional repercussions, including transfer and termination,” the report said, adding that Ashwini Chainani, “through her silence and insensitivity”, endorsed the acts of the accused.
The committee also observed that younger employees were particularly vulnerable to such “anti-religious discourse”.
The report also highlighted security failures, stating that CCTV cameras installed at the office were found to be non-functional.
However, the TCS sources claimed that the CCTV cameras were very much functional throughout.
Flagging “zero compliance” with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, dubbed the POSH Act, the report said the internal committee (IC) for Pune and Nashik offices was common, which was in direct contravention of the law.
It said no IC member had visited or inspected the Nashik unit for POSH Act compliance, and there were no placards, boards or awareness material informing employees about the POSH provisions, penalties or the details of the IC members.
“No awareness programmes for employees and no orientation programmes for IC members” were conducted, the report said, adding that “there was zero compliance with the POSH Act”.
The TCS sources countered, saying there was full compliance with the POSH Act, which included regular training for employees in Nashik as well, adding that details of the panel were displayed in the office.
On April 17, TCS had claimed that it had never received any complaints in either the ethics or POSH channels.
The NCW fact-finding committee said it was “shocked at the insensitivity” shown by the members of the POSH committee of the TCS.
“There was no expression of empathy or sympathy for the female employees at TCS Nasik,” it said, noting that the company had utterly failed to comply with Section 19(C) of the POSH Act, which mandates employers to organise workshops and awareness programmes at regular intervals to sensitise employees about the Act’s provisions and organise orientation programmes for the IC members.
The report said it is more than clear that this inaction on the part of the organisation was not just a “compliance deficit” but a “governance deficit” as well.
The committee recommended strict compliance with Sections 19, 25 and 26 of the POSH Act, saying failure to do so must invite strict action.
It said there should be mandatory preventive and prohibitory mechanisms against workplace sexual harassment, and the ICs should function proactively rather than merely as formal structures.
The report also recommended that every workplace unit should have an effective human resources mechanism and a dedicated grievance redressal system.
The committee stressed that complainants should be protected from adverse professional consequences and that lodging a complaint should not impact their jobs or service conditions.
It also called for periodic monitoring and supervision of workplace safety mechanisms, including the proper functioning of CCTV systems.
The committee said that registration of FIRs and recourse to criminal law do not override or suspend an employer’s obligations under the POSH Act, and that remedies under the Act and criminal law must operate simultaneously.
It also said that police had been advised to invoke provisions of the Witness Protection Act, 2017, to protect the complainants and witnesses from intimidation, media intrusion and anti-social elements.
The report said the accused may be charged 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 the religion or religious beliefs of any class of citizens.
“Further, in the opinion of the committee, the accused may also be charged under Section 68(a) of the BNS, as the facts prima facie indicate an abuse of authority to induce or seduce a woman, either while she was in his custody, under his charge, or present on the concerned premises, to engage in sexual intercourse with him,” it added.
The report also recommended proper supervision to ensure that the accused do not attempt to interfere with the liberty, autonomy or regular functioning of the complainants.
The NCW said it has recommended that the concerned authorities and the TCS management take appropriate action and ensure strict compliance with the statutory safeguards for the protection, dignity and safety of women employees at the workplace. PTI KSH AA ARI ARI
(This story is published as part of the auto-generated syndicate wire feed. No editing has been done in the headline or the body by ABP Live.)
