NCW directs India’s leading Consultancy Service company to ensure strict compliance to POSH ACT

The National Commission for Women (“NCW”), after conducting hearing in TCS Nashik case, has directed the organization to undertake immediate corrective measures to strengthen institutional safeguards and compliance mechanisms under the Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”).
The NCW has further directed all 127 TCS units with 10 or more employees to-
- constitute separate Internal Committees within four weeks,
- conduct comprehensive POSH training programmes,
- ensure submission of annual POSH reports to concerned authorities, and
- ensure the physical presence of concerned officials during the next review meeting scheduled after four weeks.
During the proceedings, the Commission reiterated that organisations must approach PoSH victims with compassion, sensitivity, and empathy. The NCW further emphasised that while criminal proceedings will continue independently in accordance with law, the Commission remains focused on ensuring effective implementation of the PoSH Act and strengthening workplace safety mechanisms for women employees.
During the hearing of the present case, the Commission raised serious concerns regarding systemic gaps in workplace safety and implementation of the PoSH Act at the Nashik unit. Issues discussed included the absence of accessible local HR infrastructure and grievance redressal mechanisms, lack of a dedicated Internal Committee for the Nashik office, absence of a proper mechanism for filing PoSH complaints, nonfunctional CCTV infrastructure, concerns regarding supervisory accountability, and the continuation of a joint Internal Committee for both Pune and Nashik units despite statutory requirements under the PoSH Act. The Commission also questioned why no senior official had visited the Nashik centre to directly interact with employees despite the seriousness of the concerns raised during the inquiry.
Some of the specific findings in the report of NCW are mentioned below:
- There existed a deeply disturbing and toxic workplace environment where there were pervasive sexual harassment and abuse of authority.
- There were religious insulations extended to the complainant and others at workplace.
- Sexual harassment at workplace involved bullying, stalking, demeaning female employees through actions, comments leading to them being disrespected.
- CCTV were installed however they were non-functional.
- Many women employees were unable to lodge complaints due to significant social pressure, fear of exposing families to social stigma, the absence of any formal complaint mechanism.
- In the Nashik office, there were no placards, boards, posters demonstrating mandate of POSH compliance. There was no board displaying contact details of members of Internal Complaints Committee.
NCW accordingly made the following recommendations:
- There should be mandatory preventive and prohibitory mechanisms against workplace sexual harassment and Internal Committees should function proactively rather than merely as formal structures.
- There should be an effective Human Resources mechanism and grievance redressal system at every workplace unit.
- Precautions must be taken to see that the lodging of a complaint does not have an adverse impact on the job of the complainant, and their services shall be protected against all the odds.
- Workplace safety mechanisms, including proper functioning of CCTV systems, should be periodically monitored and supervised.
- Recognition that the registration of FIRs and recourse to criminal law does not override or suspend the obligation of the employer under the POSH Act, 2013 and those remedies under the POSH Act and criminal law operate simultaneously.
For the details of the report of Fact-Finding Committee of NCW based on which the above directions have been passed by the NCW, reachout to us at inquiries@lexplosion.in.
Source: National Commission for Women