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TCS Nashik case: Has the IT company violated India’s sexual harassment law?

Sexual exploitation, molestation, attempts at religious conversion… The case of harassment at a BPO unit at Tata Consultancy Services (TCS) in Maharashtra’s Nashik has thrown up many startling and shocking details.

It has now emerged that despite repeated grievances being filed — some reports have mentioned that at least 70 complaints were filed — authorities failed to respond, and, in some cases, even instructed the victims to drop their grievances.

As the probe widens, one pertinent question is being asked: Has TCS violated the POSH Act 2013, which came into effect on December 9, 2013.

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Here’s a better understanding of what exactly the POSH Act is and how TCS may have run afoul of it.

The TCS Nashik harassment case

An undercover operation by the police in Nashik uncovered a shocking case of sexual abuse, harassment, religious coercion, and an overall toxic work environment at a
BPO unit of TCS.

As of now,
nine FIRs have been filed against eight TCS employees, including an HR manager, alleging assault, sexual violence, and pressure for religious coercion and conversion over the past four years, starting in 2022.

The case first came to light on March 25, when a female employee at TCS filed the first complaint at the Deolali Camp Police Station in Nashik. In her complaint, she accused a male employee at the company of sexually exploiting and molesting her on various instances. She also alleged that three colleagues, including a woman, hurt her religious sentiments on multiple occasions since 2022.

After this, other employees came forward and filed their own complaints, with some alleging that attempts to forcibly convert their religion were also made. The FIRs of the female employees also include complaints like touching without consent, lewd comments, body shaming, stalking, repeated harassment in company premises and unwanted proposals.

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One of the victims also highlighted neglect by the Human Resources (HR) department and filed a complaint against
Nida Khan, the HR manager, who allegedly failed to act on the emails flagging the harassment and assault. “Instead of taking corrective measures, the HR officer told me to stay cool as some of the gestures were common in MNC work culture,” the victim stated in her FIR.

Attention turns to POSH Act

While the police continue their probe into the TCS matter, the IT sector employees’ body, Nascent Information Technology Employees Senate (NITES), has approached the Ministry of Labour and Employment seeking a detailed audit of POSH compliance in TCS and batted for a wider state-level audit across tech and ITES companies, especially large multinational organisations in Maharashtra.

In a letter sent on Monday (April 13), the body urged the ministry to take “immediate and decisive action” by directing a comprehensive and time-bound audit and inspection.

“The employees of this country contribute immensely to the growth of the IT sector and to the economy at large. They deserve workplaces that are safe, respectful, and compliant with the law,” wrote NITES.

It added, “We, therefore, request the ministry to treat this matter with utmost urgency and seriousness, not only to address the present case but also to ensure that such incidents do not recur anywhere in the country.”

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POSH Act of 2013, explained

But what exactly is the
POSH Act that protects employees from sexual harassment in India?

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, commonly known as the POSH Act, was passed in 2013. This law defines sexual harassment and has laid down the procedures for a complaint and inquiry, and the action to be taken. It broadened the Vishaka guidelines, which were already in place since 1997.

The POSH Act defines sexual harassment, lays down the procedures for a complaint and inquiry, and the action to be taken. Representational image/Pixabay

According to the law,
sexual harassment at the workplace comprises any of these behaviours:
>> Physical contact and advances
>> A demand or request for sexual favours
>> Sexually coloured remarks
>> Showing pornography
>> Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature

The POSH Act also laid down guidelines for how complaints of this nature could be made and the process to handle them. The law also mandates that every employer must constitute an Internal Complaints Committee (ICC) at each office or branch that has 10 or more employees.

As per POSH, once a complaint reaches the ICC, it has to either forward the victim’s complaint to the police or start an inquiry that has to be completed within 90 days. The ICC has powers similar to those of a civil court in respect of summoning and examining any person on oath, and requiring the discovery and production of documents. When the inquiry is completed, the ICC must provide a report of its findings to the employer within 10 days. The report is also made available to both parties.

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Under the POSH Act, if allegations of sexual harassment are proved, the ICC will recommend to the employer to take action “in accordance with the provisions of the service rules” of the company. These may vary from company to company. If either the aggrieved woman or the respondent is not satisfied, they may appeal in court within 90 days.

Running afoul of POSH

Industry experts note that the harassment case at TCS Nashik is a prime example of violating the POSH Act.

Delhi High Court Advocate Ishvender Pal Singh Sagoo told Republic Media, “The recent allegations arising out of the TCS Nashik case raise issues far beyond an isolated workplace dispute and bring into focus serious questions of institutional accountability under the POSH Act, 2013, constitutional rights, and criminal liability. Reports suggesting that complaints were repeatedly made for years through emails, internal chats, and escalations, yet allegedly remained unattended, point towards possible violations of Sections 4, 9, 11, 13, and 19 of the Act.”

The FIRs filed by the victims outline the repeated sexual harassment they faced, and even though complaints were filed, they were ignored, which clearly shows a violation of the law.

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Moreover, Nida Khan, the HR official at TCS, was herself involved in the racket, with victims alleging that she failed to act on repeated complaints. The police believe she’s one of the masterminds of the harassment with evidence, including around 78 suspicious call records, emails, and chat exchanges, showing that she attempted to suppress the complaints.

This alleged inaction is now a key focus of the probe, with authorities examining whether mandatory POSH protocols were violated.

Meanwhile, Tata Sons Chairman N Chandrasekaran has initiated an internal investigation, describing the allegations as “gravely concerning and anguishing.” In a statement, Chandrasekaran said the matter is being treated with “utmost seriousness,” and action has been taken against the employees involved. The company is providing full cooperation to the ongoing investigations.

With inputs from agencies

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