Nashik Court’s Decision on TCS POSH Committee Member
A court in Nashik has granted bail to Ashwini Ashok Chainani, a member of the Tata Consultancy Services (TCS) internal complaints committee, who was accused of failing to act on a sexual harassment complaint filed by a woman employee. The case, known as [Ashwini Chainani, Danish Shaikh v. State of Maharashtra], also involved allegations of religious offences by a co-accused.
On July 21, Additional Sessions Judge Amit Vinayak Kharkar approved Chainani’s bail application. She was accused of not addressing the victim’s complaints about sexual harassment and derogatory remarks made against Hinduism. Chainani faced charges under the Bharatiya Nyaya Sanhita, 2023, including sexual harassment and outraging a woman’s modesty.
The complaint stated that the victim had verbally notified Chainani in her role as a POSH committee member but claimed no action was taken, which allegedly allowed the harassment to persist. Chainani argued that her limited presence in the Nashik office, due to her Pune-based position, distanced her from the alleged incidents. Her legal team pointed out that the victim did not submit a formal written complaint, which is typically required. They also criticized the investigation, noting that other team leaders informed of the issue were not charged.
Judge Kharkar observed that Chainani’s alleged role was limited to not addressing the complaint, without specific dates provided by the victim. The court decided to grant bail, noting the filing of a charge sheet, lack of criminal history, and no risk of Chainani threatening the victim or fleeing. She was released on a personal surety bond of ₹50,000.
Bail Granted in Related Religious Offence Case
In a related case, Danish Ejaz Shaikh, a co-accused, was also granted bail by Additional Sessions Judge VV Kathare on July 20. Shaikh faced multiple FIRs for allegedly making offensive remarks against Hindu beliefs, promoting Islam, and making sexually offensive comments against female staff.
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Shaikh’s defense claimed the interactions were based on scientific curiosity rather than intent to offend, arguing that the BNS provisions did not apply. Judge Kathare found that Section 299 BNS, concerning deliberate acts to incite religious feelings, was not applicable. Instead, Section 302 BNS, which addresses intentional insults to religious feelings of an individual, was deemed relevant.
Judge Kathare emphasized that public sentiment should not overshadow judicial decisions, noting the completion of the investigation and lack of further criminal history for Shaikh. Considering these factors, Shaikh was granted bail on a personal surety bond of ₹50,000.
