NCW flags toxicity, sexual harassment at Nashik BPO
NASHIK, May 12 -- The four-member fact-finding team of the National Commission for Women (NCW) investigating allegations of sexual exploitation and religious coercion at the TCS-linked BPO in Nashik has termed the workplace's environment as "deeply disturbing and toxic, marked by pervasive sexual harassment and abuse of authority"; and advised the management to "take appropriate measures to ensure strict compliance and statutory safeguards to protect the dignity and safety of women staffers at the workplace".
The team submitted its over 50-page report to NCW chairperson Vijaya Rahatkar on May 5, who presented it to chief minister Devendra Fadnavis on May 8. In a three-page statement issued on Monday, the commission shared the salient features of the panel's observations and recommendations for TCS going forward.
The panel was set up on April 15 and spent two days at the BPO from April 18, speaking with complainants, members of the company's internal committee (IC) under the POSH Act, Nashik city police and other key witnesses. Nine BPO staffers have accused eight senior colleagues of sexual abuse, harassment and hurting religious sentiments at the workplace. Nashik police have arrested all eight accused. The statement said the accused had "assumed effective control" of the Nashik BPO and targeted "young and vulnerable girls", sexually, emotionally and mentally harassing them. "There were also attempts of molestation by the accused," it said.
The panel found that three accused, Danish Sheikh, Tausif Attar and Raza Memon, controlled the office and were allegedly protected by Ashwini Chainani, a senior female staffer and co-accused. "Her silence and insensitivity endorsed the acts of the other accused," the statement said. Interactions with employees also revealed that the accused allegedly bullied female colleagues by denigrating Hindu mythology, beliefs and traditions while projecting Islam as a superior religion. "They created a coercive atmosphere through anti-religious commentary directed at the women employees," the statement said, adding that women employees felt humiliated and feared termination or transfer if they complained.
The fact-finding team also found CCTV cameras at the workplace were non-functional and that there was no compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, despite the BPO having a common IC for its Pune and Nashik offices. Calling it a "direct contravention" of the law, the statement said no IC member had ever visited the Nashik office to ensure compliance. It added that there were no boards displaying the names and contact details of IC members or literature informing employees about the consequences of non-compliance with the POSH Act.
The panel recommended strict compliance with Sections 19, 25 and 26 of the POSH Act and urged the IC to act proactively. It also suggested an effective HR and grievance redressal mechanism, protection for complainants from adverse job consequences, functional CCTV systems and recourse to the Witness Protection Act, 2017 for complainants and witnesses.
TCS sources denied the NCW's claims, saying all Nashik BPO employees had undergone mandatory POSH training, complaint mechanisms were displayed and CCTV cameras were operational. Earlier, TCS CEO and MD K Krithivasan had said a preliminary review of systems and records at the Nashik unit found no complaints of the nature alleged through the company's ethics or POSH channels.
The NCW statement further advised the management to ensure protecting the dignity and safety of employees....
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