Silence That Enabled Abuse: Court Raps TCS POSH Member in Sexual Harassment Case

A court in Maharashtra’s Nashik has refused bail to TCS site head and POSH committee member Ashwini Chainani , observing that her failure to act on repeated complaints of sexual harassment amounted to clear abetment and helped sustain a toxic workplace environment at the company’s Nashik unit.

The case arises from allegations of persistent harassment at TCS’s Nashik facility , where a woman employee alleged she was subjected to repeated inappropriate conduct and an increasingly hostile atmosphere. The situation, according to the complaint, became unbearable, ultimately forcing her to resign in March 2026 before an FIR was formally lodged.

The Additional Sessions Judge V V Kathare , in a detailed order, said Chainani’s conduct, despite being part of the Internal Committee under the POSH Act , reflected “silence and insensitivity” that enabled the alleged harassment to continue unchecked. The court observed that her response, or lack of it, effectively shielded the accused and worsened the victim’s situation.

Chainani was arrested on April 10 under provisions of the Bharatiya Nyaya Sanhita for alleged abetment. The prosecution stated that the victim repeatedly approached her with oral complaints , but no preventive steps were taken, nor was she assisted in filing a formal written complaint , as required under the POSH framework .

Instead, the court noted, Chainani allegedly discouraged the victim and advised her to ignore the accused, which weakened the complaint process. The judge said this conduct indicated complicity rather than neutrality .

The defence argued that Chainani was based in Pune and had no direct role in Nashik operations. It also highlighted the absence of a written complaint and delay in filing the FIR . However, the court rejected these arguments, stating that the victim could not be blamed since she had already reported the matter to a POSH committee member.

The court also expressed concern over possible witness influence and evidence tampering , citing the influential position of the accused, and noted that the investigation is still at an early stage.

The Nashik police Special Investigation Team (SIT) is probing multiple harassment allegations linked to the company’s unit.