Nashik Court Grants Bail To TCS POSH Committee Member Accused Of Ignoring Sexual Harassment Complaint

Additional Sessions Judge Amit Vinayak Kharkar, by an order dated July 21, allowed the bail application filed by Ashwini Ashok Chainani, a member of TCS's Prevention of Sexual Harassment (POSH) Committee.

Chainani was named in an FIR alleging that despite being a member of the POSH Committee, she failed to act on the complainant's oral grievance that certain colleagues had made sexually coloured remarks and used offensive language against the Hindu religion.

She was booked under provisions of the Bharatiya Nyaya Sanhita (BNS), including offences relating to sexual harassment and outraging the modesty of a woman.

According to the prosecution, the complainant had orally informed Chainani of the alleged harassment in her capacity as a POSH Committee member. It was alleged that her failure to initiate action emboldened the co-accused to continue harassing the complainant.

Seeking bail, Chainani contended that she was posted in Pune and only visited the Nashik office intermittently, having no direct connection with the day-to-day activities of the co-accused. She also argued that no written complaint or email had ever been submitted to her, as contemplated under the applicable procedure, and that the allegations in the FIR were vague, lacking any particulars regarding the date or time when the alleged complaint was made.

Her counsel further argued that the Investigating Officer had selectively prosecuted her while excluding team leaders who were also allegedly informed about the complainant's grievance.

Granting bail, the Court observed that the allegations against Chainani were limited in nature.

"Considering the nature of offence and the role of the accused, she can be released on bail considering the fact that charge-sheet is filed and there is no apprehension that the applicant would threaten the victim and the prosecution witnesses or that she poses a flight risk. The applicant does not have criminal antecedents."

The Court also noted that the complainant had failed to specify the dates on which she had allegedly brought the matter to Chainani's notice.

Accordingly, the Court directed that Chainani be released on furnishing a personal bond of ₹50,000 with one surety of the like amount.

Co-accused granted bail in connected Religious offence case

In a separate but connected case, another sessions court granted bail to Danish Ejaz Shaikh, who is facing multiple FIRs arising out of allegations of harassment and religious offence at TCS.

Additional Sessions Judge V.V. Kathare, by an order dated July 20, granted Shaikh bail after noting that the investigation had been completed and the chargesheet had already been filed.

Shaikh is accused of using offensive language against the complainant's Hindu religious beliefs, praising the Muslim religion, compelling the complainant to read the Quran, and making sexually coloured remarks against women employees.

Seeking bail, Shaikh argued that the discussions were held out of curiosity and scientific temperament rather than with any deliberate intention to insult religion. He also relied on the completion of the investigation and the fact that co-accused persons had already been granted bail.

The Court prima facie held that Section 299 of the BNS, relating to deliberate and malicious acts intended to outrage the religious feelings of any class of citizens, was not attracted, as the allegations concerned only the complainant's individual religious sentiments.

Instead, the Court observed that Section 302 of the BNS, which deals with deliberate acts intended to wound the religious feelings of "any person" and carries a maximum punishment of one year, appeared to be the more appropriate provision.

Emphasising that bail cannot be denied merely because of public sentiment, the Court observed:"In the backdrop of foregoing discussion vis-à-vis the severity of offence and punishment prescribed thereof, this court shall not be swayed away with the public outcry as sought to be highlighted by the Investigating Officer."

The Court also noted that apart from two connected cases arising from the same set of transactions, Shaikh had no criminal antecedents, had a permanent residence, and family responsibilities.

He was directed to be released on a personal bond of ₹50,000 with one surety of the like amount.

What has happened in the TCS Nashik case so far?

In May, the Court had rejected the bail plea of Ashwini Chainani, a senior TCS official. In June, the Court had granted bail to Nida Khan, one of the accused in the alleged religious conversion and sexual harassment case linked to a Tata Consultancy Services (TCS)-associated Business Process Outsourcing (BPO) unit in Nashik.

Recently, a fact-finding committee constituted by the National Commission for Women (NCW) has flagged what it described as a “deeply disturbing and toxic workplace environment” at the Nashik office of Tata Consultancy Services, citing allegations of sexual harassment, systemic bullying, religious denigration, and abuse of authority against women employees.