POSH Panel Members Face Criminal Exposure: The TCS Nashik Order
What happened
On 17 May 2026, the Nashik District and Sessions Court (Additional Sessions Judge V.V. Kathare) denied bail to Ashwini Chainani, a TCS executive and a member of the company’s Internal Complaints Committee (ICC) constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”). The order arises from a complaint by a former TCS Nashik employee who alleged sexual harassment and religious-conversion pressure by two team leaders, Raza Memon and Shahrukh, who had subjected her to lewd remarks and intrusive personal questioning. The complainant approached Chainani as an ICC member; according to the court, Chainani told the complainant she was “seeking attention” and asked her to overlook the conduct. The complainant eventually resigned in March 2026. Denying bail, Judge Kathare held: “Her silence and insensitivity had endorsed the acts of the accused. She turned a blind eye and a deaf ear.” The court cited non-cooperation with investigation and flight risk as grounds.
Why it matters for your business
For every Indian employer with ten or more employees — i.e., every company that is statutorily required to constitute an ICC under §4 of the POSH Act — this order is the most significant POSH precedent in over a decade. It expands criminal exposure beyond the alleged harassers to the IC members themselves, where the panel has demonstrably failed to discharge its statutory duty to receive, record and act on a complaint.
Three things every founder and HR head should now do:
- Audit your ICC composition. The Act requires a presiding officer who is a senior woman, two employee members, and a third-party member with experience in women’s issues. “Convenient internal appointees” are now actively dangerous. Pick people who will push back, not yes-people.
- Document every complaint, formal or informal. Verbal disclosures must be logged. “She didn’t file a written complaint” is no longer a defence — the IC’s duty under §11(1) is triggered the moment a complaint is received in any form.
- Re-train IC members. Not on what the Act says, but on what to do when a complaint comes in: timeline (90 days), confidentiality, interim relief, and the documentation trail. If you’ve never given your IC a refresher, do it this quarter.
The cost of getting this wrong is no longer just civil liability or reputational damage — it is now personal criminal exposure for the IC members who serve at your request. For deeper context on the POSH framework and the five most common compliance mistakes, see our earlier piece on The POSH Act at 12.
Primary source: Bar & Bench
This is news commentary, not legal advice. For matters specific to your business, book a free consultation.