TCS Nashik case: Did the company fail its women employees? Case points to POSH gaps

The sexual harassment case at a BPO unit of IT major Tata Consultancy Services in Maharashtra’s Nashik has put corporate grievance systems under scrutiny, with FIRs indicating that complaints made over several years allegedly did not lead to timely action.

Eight women employees alleged sustained sexual harassment, rape, attempts to forcibly convert the religion of co-workers, coercion and humiliation between 2022 and early 2026, along with inaction by the company’s human resources department and POSH-linked officials. A Special Investigation Team (SIT) is now probing the case, with seven arrests made so far.

Those arrested include Asif Ansari, Danish Shaikh, Shafi Shaikh, Shahrukh Qureshi, Raza Memon and Tausif Attar. Ashwin Chainani, the operations manager associated with the POSH committee, has also been arrested. HR manager Nida Khan is absconding.

TCS has said it has suspended the employees under investigation and is cooperating with law enforcement authorities. Chairman N Chandrasekaran termed the allegations “gravely concerning and anguishing”, adding that the matter is being treated with seriousness and a detailed probe is underway to establish the facts and identify those responsible.

WHAT TCS’S POLICY PROMISES

TCS’s FY25 annual report outlines a formal grievance redressal framework, with multiple reporting channels for employees, customers and stakeholders to flag violations, including harassment and human rights concerns.

The company states that:

• Complaints are reviewed and acted upon if substantiated
• Concerns are handled confidentially
• Retaliation against complainants is not tolerated

It adds that its approach is guided by a code of conduct and a zero-tolerance stance on rights violations. Reporting avenues are available for any actual or potential breach of policies or laws.

WHAT IS REQUIRED UNDER THE LAW?

Under the POSH Act, complaints of sexual harassment must be formally recorded and examined by an Internal Committee through a time-bound process.

The law requires:

• An inquiry to be completed within 90 days
• Both parties to be heard
• Confidential handling of complaints
• Protection against retaliation

Complaints are not meant to remain at the level of supervisors or be handled informally. Once raised, they must be taken up through a structured process overseen by an independent committee.

WHAT THE FIRs DETAIL: REPEATED ALLEGATIONS OVER YEARS

The nine FIRs describe a pattern of alleged misconduct across multiple teams and time periods. Employees including Tausif Attar, Danish Shaikh, Raza Memon, Shahrukh Qureshi and Shafi Shaikh have been accused of:

• Inappropriate touching and physical advances within office premises
• Sexually coloured remarks and comments on women’s marital status and personal lives
• Staring inappropriately during meetings and making lewd gestures
• Persistently attempting to initiate unwanted conversations or physical proximity

One of the complainants alleged that Attar promised marriage and engaged in sexual relations on that basis. Speaking exclusively to India Today, the young woman accused three colleagues of sexual harassment, intimidation and attempts to force her to convert to Islam. Others describe repeated humiliation, including remarks about not having children and continued advances despite refusal.

Several FIRs also include allegations of offensive remarks targeting Hindu religious beliefs and coercive conduct linked to religion.

ABETMENT ALLEGATION THAT SHARPENS THE CASE

A key allegation in the FIRs goes beyond individual misconduct and points to a possible failure of the internal system. In one of the complaints, a woman alleged that she repeatedly reported incidents involving Raza Memon and Shahrukh Qureshi to a company head officer linked to the POSH mechanism. Despite multiple verbal complaints, no action was taken.

The said FIR states that by failing to take cognisance of the complaints, the official “effectively abetted” the actions of the accused. If established, this would indicate that the system meant to act on complaints did not activate despite repeated reporting.

RISE IN SEXUAL HARASSMENT CASES

Data over the past three years showed a steady rise in reported sexual harassment complaints at TCS, which the company has attributed partly to increased awareness, according to a report by Moneycontrol.

TCS reported 125 complaints in FY25, up from 110 in FY24 and 49 in FY23. Earlier disclosures showed 36 cases in FY22 and 27 in FY21 for its India operations.

Of the complaints reported in FY25, 78 were upheld, while 23 remained pending at the end of the year. Complaints accounted for 0.06 percent of the female workforce, compared with 0.05 percent in FY24 and 0.03 percent in FY23.

WHEN POLICY EXISTS BUT IMPLEMENTATION FAILS

TCS’s disclosures indicate that reporting mechanisms, whistle-blower channels and safeguards against retaliation are in place. The Nashik case, however, points to a different issue: whether complaints raised at the unit level were escalated into the formal POSH process.

If complaints remained verbal or informal, or were confined to managerial channels without being registered and examined, it would indicate a breakdown in implementation of the law’s core requirement.

WHAT VICTIMS CAN DO WHEN SYSTEMS FAIL

When internal redressal mechanisms do not respond, the POSH framework provides alternatives:

• Approach the Local Complaints Committee for an independent enquiry
• File a police complaint where allegations amount to criminal offences
• Seek intervention from district authorities responsible for POSH enforcement
• Challenge employer inaction through legal proceedings

In the Nashik case, complainants escalated beyond internal channels, leading to police action, arrests and an SIT investigation.

WHAT THE INVESTIGATION WILL NOW TEST

TCS said it acted after the matter came to its notice, suspended the accused employees and initiated an internal probe under senior leadership. The investigation will examine how complaints were handled within the organisation and at what stage they entered the formal grievance process.

India Today Digital had, on Monday (April 13), reached out to TCS seeking additional inputs and clarification on the allegations and the company’s response.

Responding to India Today Digital’s queries, Aarthi Subramanian, the Chief Operating Officer at TCS, who would lead an internal investigation into the case, said, “Appropriate and stringent action will be taken against those found guilty. Any necessary process improvements or corrective measures will be promptly implemented and strictly enforced”.

The FIRs, however, raise a key question: whether complaints made earlier were formally recorded and acted upon as required under the POSH law. The answer to that will determine whether the issue lies in individual misconduct or in the organisation’s response when the complaints were first raised.

– Ends