The National Commission for Women (NCW) stated that it has noted "pervasive sexual harassment", "systemic bullying" and "zero compliance" with the POSH Act at the Nashik unit of Tata Consultancy Services (TCS), as per a fact-finding report submitted to the Maharashtra government.
The commission said on Monday that it had undertaken suo motu cognisance of complaints stemming from the TCS Nashik office after severe allegations were made by several women employees.
A fact-finding committee consisting of 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. This was in accordance with the directions of NCW Chairperson Vijaya Rahatkar.
The committee engaged with the victims, members of the POSH Internal Committee (IC), police officers as well as other witnesses and created a report of more than 50 pages containing observations and over 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 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.
The 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 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 trustworthy environment.
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It also alleged that the Nashik office was effectively controlled by the accused persons identified as Danish, Tausif and Raza Memon, and they were protected by Ashwini Chainani.
"No employee had the courage to raise their voice, and those who did, faced fear of professional repercussions including transfer and termination," the report said, adding that the accused 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.
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 POSH provisions, penalties or the details of IC members.
"No awareness programmes for employees and no orientation programs for IC members" were conducted, the report said, adding that "there was zero compliance of the POSH Act".
The fact-finding committee said it was "shocked at the insensitivity" shown by the members of POSH committee (IC) of TCS. "There was no expression of empathy or sympathy for the female employees at TCS Nasik," it said, noting that they 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 programs for 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 was 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 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 lodging a complaint should not impact their jobs or service conditions.
It also called for periodic monitoring and supervision of workplace safety mechanisms, including proper functioning of CCTV systems.
The panel said 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.
The committee said police had been advised to invoke provisions of the Witness Protection Act, 2017, to protect complainants and witnesses from intimidation, media intrusion and anti-social elements.
The report stated the accused may be charged under sections 75, 78, 79, and 299 of the Bharatiya Nyaya Sanhita (BNS).
"Section 299 of the BNS 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 TCS management take appropriate action and ensure strict compliance with statutory safeguards for the protection, dignity and safety of women employees at the workplace.
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(With PTI Inputs)
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