NCW’s Findings in the TCS Nashik Case: A Wake-Up Call for PoSH Compliance

The National Commission for Women (NCW) has released the findings of its Fact-Finding Committee constituted to investigate allegations raised by several women employees at TCS Nashik. The Committee, comprising retired Justice Sadhna Jadhav, former Haryana DGP B.K. Sinha, Advocate Monika Arora, and NCW representative Lilabati, conducted an on-ground inquiry and submitted a detailed report containing over 25 recommendations.

The Committee found evidence of a deeply toxic workplace environment marked by sexual harassment, abuse of authority, stalking, bullying, and sustained mental harassment of women employees. Several complainants alleged attempts of molestation and coercive behaviour by senior employees. The report also highlighted instances where female employees were subjected to derogatory remarks about Hindu beliefs and traditions, creating an intimidating and hostile work environment.

A significant finding of the Committee was the complete failure of PoSH compliance at the Nashik unit. The Internal Committee was shared with another office, had never inspected the Nashik workplace, and there were no awareness programmes, complaint mechanisms, display boards, or employee sensitisation measures as mandated under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The Committee termed this not merely a compliance failure but a serious governance lapse.

The report further observed that many women refrained from filing complaints due to fear of professional repercussions, social stigma, and lack of trust in the grievance redressal system. Non-functional CCTV systems and inadequate workplace safety measures aggravated these concerns.

The NCW has recommended strict enforcement of Sections 19, 25 and 26 of the PoSH Act, proactive functioning of Internal Committees, establishment of effective HR grievance mechanisms, protection of complainants from retaliation, and regular monitoring of workplace safety systems. It also clarified that criminal proceedings and PoSH inquiries must operate simultaneously and independently.

Additionally, the Committee suggested consideration of charges under relevant provisions of the Bharatiya Nyaya Sanhita, including offences relating to outraging religious sentiments and abuse of authority for sexual exploitation. It also urged protection of complainants and witnesses under applicable witness protection measures.

The NCW has called upon the concerned authorities and TCS management to take appropriate action and ensure a safe, dignified, and legally compliant workplace for women employees.

“PoSH compliance is not a mere procedural requirement but a statutory obligation, and failure to establish effective redressal mechanisms can amount to institutional failure in ensuring workplace safety for women.”